Brazilian judge bans X as Musk defies Supreme Court’s orders

Billionaire businessman has shown 'his total disrespect for Brazilian sovereignty', justice says in decision

Elon Musk and Brazilian Supreme Court Justice Alexandre de Moraes. AFP

Brazil’s highest court on Friday ordered the immediate suspension of X in the country after its billionaire owner Elon Musk defied orders to name a legal representative for the social network in Latin America’s largest nation.

In his decision, Supreme Court Justice Alexandre de Moraes gave internet service providers and app stores five days to block access to X, and said the platform will remain blocked until it complies with his orders, according to the Associated Press.

He added that people or companies who use virtual private networks, or VPNs, to gain access to X will be subject to daily fines.

“Elon Musk showed his total disrespect for Brazilian sovereignty and, in particular, for the judiciary, setting himself up as a true supranational entity and immune to the laws of each country,” Mr de Moraes wrote.

The banning of the platform caps a months-long dispute between Mr Musk and Mr de Moraes, who is leading efforts to combat fake news and hate speech that he says are harming Brazil’s democracy.

Mr Musk shut down X’s office in Brazil this month in protest against court orders to remove certain accounts that allegedly spread misinformation, Bloomberg reported.

X has clashed with Mr de Moraes over its reluctance to comply with orders to block users, with accounts the platform previously shut down on Brazilian orders including lawmakers affiliated with former president Jair Bolsonaro’s right-wing party and activists accused of undermining Brazilian democracy.

In response, the court notified the company on Wednesday evening, replying to a post on X, that Mr de Moraes had given it 24 hours to name a legal representative in the country or risk having its service suspended.

Democracies around the world are dealing with the effects of social media on their elections and politics. But Brazil has taken some of the most aggressive action to hold companies accountable for content after its 2022 presidential vote.

During the campaign, Mr Bolsonaro took to the airwaves and online platforms to sow distrust about his nation’s electronic voting system.

Baseless claims of hacking and vote stealing fuelled the rage of Bolsonaro supporters that rioted in Brasilia on the false belief that President Luiz Inacio Lula da Silva had lost the election.

In April, Mr de Moraes included Mr Musk in a broad investigation into so-called digital militias, or organised groups accused of using social media to spread false information and vitriol, and fined the company for disobeying court orders to remove content.

Mr Musk has reacted to the court orders with defiance, accusing the judiciary of engaging in censorship.

He responded to the order to name a representative by posting picture of a bald man in black robes behind bars – an apparently artificial intelligence-generated image of Mr Moraes, with the caption: “One day, Alexandre, this picture of you in prison will be real. Mark my words.”

If maintained, the judicial ban risks depriving X of one of its largest markets outside the US.

X has been banned in several countries, including a temporary suspension in Venezuela. Mr Musk has frequently criticised Venezuelan President Nicolas Maduro on the platform, and suggested that recent elections had been rigged in his favour.

Mr Maduro has railed against Mr Musk and has even challenged him to a fist-fight.

“You want to fight?” Mr Maduro said during a speech on the day after the election. “Let's do it, Elon Musk. I'm ready. I'm not afraid of you.”