Brazil Blocks X: Musk Clashes with Judge Over Free Speech

Brazil Blocks X: Musk Clashes with Judge Over Free Speech

By Jakub Lazurek

02 Sep 2024 (3 months ago)

4 min read

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Brazil blocks X after Elon Musk defies court orders, escalating a fierce battle with Supreme Court Judge Moraes over free speech and censorship.

X Suspended in Brazil After Musk Defies Court Orders

Social media platform X has been suspended in Brazil after its CEO, Elon Musk, refused to comply with court mandates. On August 31, Alexandre de Moraes, a judge from Brazil’s Supreme Court, ordered the “immediate and complete suspension” of the platform in the country, according to reports from the BBC. The judge instructed Brazil’s telecom agency to block access to X, leading to the platform going offline earlier today, as confirmed by the New York Times.

The suspension follows Musk's failure to appoint a new legal representative for the company in Brazil, as required by the court. The ban will remain in effect until the company complies with the court's demands and settles existing fines, which currently total $3 million.

Additionally, the court has imposed a daily fine of $8,874 for those using virtual private networks (VPNs) to access X after the ban, as reported by an X user. Furthermore, Google and Apple have been given five days to remove the X app from their stores in compliance with the court order.

Long-Standing Tensions Between Musk and Judge Moraes

Musk and Judge Moraes have been at odds for several months, with tensions escalating over the platform's handling of disinformation in Brazil. In April, the court directed X to suspend accounts that violated Brazilian laws by spreading false information. However, Musk ignored these orders, arguing that free speech is a fundamental right.

Last week, Musk closed X’s Brazilian office after Judge Moraes warned of potential arrests for non-compliance with the April directive. Musk publicly criticized the judge, calling him an “unelected pseudo-judge” and accusing him of undermining democracy for political reasons.

On Friday, Musk took to X to express his frustration, stating:

“Free speech is the foundation of democracy, and an unelected pseudo-judge in Brazil is destroying it for political purposes.”

Conflict Over Censorship and Political Bias

The conflict between Musk and Judge Moraes is rooted in concerns over censorship and political bias. Musk has claimed that the judge’s actions are aimed at silencing conservative voices, particularly those supporting former right-wing president Jair Bolsonaro. The judge had previously ordered the suspension of X accounts belonging to Bolsonaro supporters, which intensified the dispute. X’s official account warned yesterday:

“We expect Judge Alexandre de Moraes will soon order X to be shut down in Brazil because we refused to comply with his illegal orders to censor his political opponents.”

The platform further stated that the opponents include an elected senator and a 16-year-old girl, stressing that Judge Moraes is compelling X to breach Brazilian laws, which the company refuses to do.

In contrast, Judge Moraes has accused Musk of obstructing efforts to cleanse the country’s internet. He labeled Musk as an “outlaw” and claimed that Musk’s actions are intended to “allow the widespread dissemination of disinformation, hate speech, and attacks on democratic institutions.” The judge argued that Musk’s defiance is undermining voters’ access to accurate information, thereby infringing on the free choice of the electorate.

Broader Repercussions for Musk’s Businesses

In a move to exert pressure on Musk and enforce the fines imposed on X, Judge Moraes has also frozen the funds of SpaceX’s Starlink satellite-internet service in Brazil. The order prohibits Starlink from conducting any financial transactions in the country. Starlink responded to the order by stating that it intends to challenge the decision. In a post on X, the company wrote:

“This order is based on an unfounded determination that Starlink should be held responsible for the unconstitutional fines levied against X.” Starlink further noted that the order, which was issued in secret, denied the company due process, a right protected by Brazil’s constitution. Public reactions to the situation have been strong, with some users on X labeling Judge Moraes a “dictator”. One user, WSBChairman, criticized the court’s actions, stating: “They will fine you more than a year’s salary just for trying to read the news. We are living in 1984.”

Tech lawyer Preston Byrne warned that if X loses this battle in Brazil, other regions like the European Union, the U.K., Australia, and Canada could follow suit and ban the platform. However, if X prevails, it could weaken censorship efforts globally, demonstrating the resilience of free speech against such regimes.

Conclusion

The escalating conflict between Elon Musk and Brazil's Supreme Court highlights the broader struggle over free speech, censorship, and the role of social media in today’s political landscape. As the situation unfolds, it will have significant implications not just for Brazil but for global conversations about the limits of free expression and the power of tech companies in shaping public discourse.

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