How one Brazilian judge could suspend Musk's X in the coming hours
Aug. 29, 2024, 8:56 p.m.
Read time estimation: 8 minutes.
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SAO PAULO -- It's a showdown between the world's richest man and a Brazilian Supreme Court justice.
The judge, Alexandre de Moraes, has issued a warning that the social media giant X will be suspended nationwide within hours if its billionaire owner, Elon Musk fails to comply with one of his directives. Musk has responded with verbal attacks, calling de Moraes a “tyrant” and “a dictator.”
The latest development in the ongoing dispute between the two men over free speech, far-right accounts, and misinformation is quickly approaching a critical juncture. With the deadline for compliance looming, many in Brazil are eagerly awaiting the outcome, wondering if either side will yield.
Earlier this month, X removed its legal representative from Brazil because de Moraes had threatened her with arrest. On Wednesday night at 8:07 p.m. local time (7:07 p.m. Eastern Standard Time), de Moraes gave the platform 24 hours to appoint a new representative , or face a shutdown until his order is fulfilled.
De Moraes' order is based on Brazilian law requiring foreign companies to have legal representation to operate in the country, according to the Supreme Court's press office. This ensures someone can be notified of legal decisions and is qualified to take any necessary action.
X's refusal to appoint a legal representative would be especially problematic before Brazil's October municipal elections, when a surge of fake news is anticipated, said Luca Belli, coordinator of the Technology and Society Center at the Getulio Vargas Foundation, a university in Rio de Janeiro. Takedown requests are common during campaigns, and the lack of someone to receive legal notices would make prompt compliance impossible.
“Prior to last week, there was an office here, so this issue didn’t exist. Now there’s nothing. Consider Telegram: it doesn’t have an office here, it employs about 50 people worldwide. But it has a legal representative,” Belli, who is also a professor at the university's law school, told The Associated Press.
Any Brazilian judge has the authority to enforce compliance with their decisions. These measures can range from mild actions like fines to more serious penalties, such as suspension, said Carlos Affonso Souza, a lawyer and director of the Institute for Technology and Society, a Rio-based think tank.
Lone Brazilian judges have shut down Meta's WhatsApp, Brazil's most widely used messaging app, several times in 2015 and 2016 due to the company's refusal to comply with police requests for user data. In 2022, de Moraes threatened to shut down the messaging app Telegram nationwide, arguing it had repeatedly ignored Brazilian authorities' requests to block profiles and provide information. He ordered Telegram to appoint a local representative; the company ultimately complied and stayed online.
Affonso Souza added that an individual judge's ruling to shut down a platform with so many users would likely be reviewed at a later date by the Supreme Court's full bench.
The initial step would involve de Moraes notifying the nation’s telecommunications regulator, Anatel, who would then instruct operators — including Musk's own Starlink internet service provider — to disable user access to X. This would entail preventing the resolution of X’s website — the process of converting a domain name to an IP address — and blocking access to the IP address of X’s servers from within Brazilian territory, according to Belli.
Considering that operators are aware of the highly publicized standoff and their obligation to comply with an order from de Moraes, coupled with the fact that implementing such an action is straightforward, X could be rendered inaccessible in Brazil as early as 12 hours after receiving their instructions, Belli stated.
Given that X is widely accessible via mobile devices, de Moraes is also likely to notify major app stores to remove X from availability in Brazil, according to Affonso Souza. Another potential — yet highly controversial — measure would be to block access through virtual private networks ( VPNs) and impose fines on users who utilize them to access X, he added.
X, along with its previous iteration, Twitter, is currently prohibited in several countries — primarily authoritarian regimes such as Russia, China, Iran, Myanmar, North Korea, Venezuela, and Turkmenistan.
China banned X, when it was still called Twitter, back in 2009, along with Facebook. In Russia, authorities intensified their suppression of dissent and free media after Russian President Vladimir Putin sent troops into Ukraine in February 2022. They have blocked numerous independent Russian-language media outlets critical of the Kremlin , and blocked access to Twitter, which later became X, as well as Meta’s Facebook and Instagram.
In 2009, Twitter became a vital communication tool in Iran after the government cracked down on traditional media following a disputed presidential election. Tech-savvy Iranians used Twitter to organize protests. The government subsequently banned the platform, along with Facebook.
Other nations, such as Pakistan , Turkey and Egypt, have also temporarily suspended X in the past, typically to suppress dissent and unrest. Twitter was banned in Egypt following the Arab Spring uprisings, which some referred to as the “Twitter revolution,” but it has since been reinstated.
Brazil is a major market for X and other social media platforms. Approximately 40 million Brazilians, about one-fifth of the population, use X at least once a month, according to market research firm Emarketer. Musk, who describes himself as a “free speech absolutist,” has accused de Moraes' actions of censorship and has sought support from Brazil's right-wing political groups. He has also stated his goal of making his platform a “global town square” where information flows freely. Losing the Brazilian market — the world's fourth-largest democracy — would make achieving this objective more challenging.
Brazil represents a potentially substantial growth opportunity for Musk's satellite company, Starlink, considering its vast territory and unreliable internet service in remote regions.
Local news sources reported Thursday that de Moraes had frozen Starlink's financial assets. Neither the press office of Starlink nor the Supreme Court responded to AP requests for confirmation. But Musk replied to people sharing the report on X, adding his own insults toward de Moraes.
“This individual, @Alexandre, is a serious criminal, falsely presenting himself as a judge,” he wrote.
De Moraes' supporters have argued that his actions have been legal, backed by a majority of the court's judges and have protected democracy during a time of crisis.
In April, de Moraes added Musk as a target in an ongoing investigation concerning the spread of misinformation and opened a separate inquiry into the executive for potential obstruction.
X did not respond to requests for information regarding their plan to appoint a new representative in Brazil.
Pinheiro Neto, a Brazilian law firm that previously represented X, also declined to provide information regarding the company’s legal status.
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Biller reported from Rio and Ortutay from Oakland, California.