Brazil's SC panel unanimously upholds judge decision to block X nationwide

03/09/2024

An ad by Valor media shows a photo of Elon Musk at a shopping center in Brasilia, Brazil on Sept 2. (AP)

RIO DE JANEIRO, Sept 3, (AP): A Brazilian Supreme Court panel on Monday unanimously upheld the decision of one of its justices to block billionaire Elon Musk’s social media platform X nationwide, according to the court’s website.

The broader support among justices undermines the effort by Musk and his supporters to cast Justice Alexandre de Moraes as an authoritarian renegade who is intent on censoring political speech in Brazil.

The panel that voted in a virtual session was comprised of five of the full bench’s 11 justices, including de Moraes, who last Friday ordered the platform blocked for refusing to name a local legal representative, as required by law. It will stay suspended until it complies with his orders and pays outstanding fines that as of last week exceeded $3 million, according to his decision.

The platform has clashed with de Moraes over its reluctance to block users, and has alleged that de Moraes wants an in-country legal representative so that Brazilian authorities can exert leverage over the company by having someone to arrest.

De Moraes also set a daily fine of 50,000 reais ($8,900) for people or companies using virtual private networks, or VPNs, to access X. Some legal experts questioned the grounds for that decision and how it would be enforced, including Brazil’s bar association, which said it would request the Supreme Court review that provision.

But the majority of the panel upheld the VPN fine - with one justice opposing unless users are shown to be using X to commit crimes.

Brazil is one of the biggest markets for X, with tens of millions of users. Its block marked a dramatic escalation in a monthslong feud between Musk and de Moraes over free speech, far-right accounts and misinformation.

Over the weekend, many X users in Brazil said they felt disconnected from the world and began migrating en masse to alternative platforms, like Bluesky and Threads.

The suspension has also proceeded to set up a showdown between de Moraes and Musk’s satellite internet provider Starlink, which is refusing to enforce the justice's decision.