Judge orders suspension of social network X in Brazil

A Brazilian Supreme Court judge ordered Friday the suspension in Brazil within 24 hours of the social network X, after a long standoff, provoking the anger of the tycoon Elon Musk.

“Freedom of expression is the foundation of democracy and, in Brazil, an unelected pseudo-judge is destroying it for political reasons,” thundered the owner of the platform on X (ex-Twitter).

This is the latest episode in the joust between Alexandre de Moraes, judge of the Supreme Federal Court (STF) and figure of the fight against disinformation in Brazil, and the American billionaire.

It comes just over a month before municipal elections that will allow us to gauge the balance of power between the camp of left-wing President Luiz Inacio Lula da Silva and the right, which readily makes Elon Musk its champion.

Judge Moraes had given the platform 24 hours on Wednesday evening to appoint a legal representative in the country, under penalty of being blocked. X has 22 million users, according to estimates by specialist website DataReportal.

After the social network rejected the ultimatum, the “immediate, complete and total suspension of the operation of +X Brasil Internet LTDA+ on the national territory” was decided, according to the judge's decision.

The magistrate ordered the National Telecommunications Agency (Anatel) to “adopt all necessary measures” so that the suspension takes effect within 24 hours in the largest country in Latin America.

He also asked tech giants Google and Apple, as well as internet service providers, to “introduce technological obstacles capable of preventing the use of the X application” and access to the website.

And he threatened fines of 50,000 reais (around 8,000 euros) per day for people who resort to “technological subterfuges” to circumvent the blockage, such as the use of virtual private networks (VPNs).

– “Who does he think he is?” –

On the left, the owner of the social network X Elon Musk on April 13, 2024 in Los Angeles and, on the right, the judge at the Brazilian Supreme Court Alexandre de Moraes, on June 18, 2024 in Brasilia © AFP – ETIENNE LAURENT, EVARISTO SA

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Judge Moraes denounced X's “attempt” to escape “the Brazilian legal order and judiciary, to establish a climate of total impunity and +anarchy+ on Brazilian social networks, including during the 2024 municipal elections”.

The suspension must remain in effect until the platform complies, pays the fines imposed on it and appoints a legal representative.

In a statement, Anatel confirmed that it had been notified by the Supreme Court, adding that it would “implement” its decisions.

Judge Moraes also recently blocked the accounts of Starlink, a satellite internet access provider owned by Elon Musk, to recover the amount of fines not paid by X.

The businessman has multiplied his attacks on Alexandre de Moraes this week, calling him a “dictator”.

“Who does he think he is?”, President Lula reacted on Friday, referring to Elon Musk.

“Any citizen from any part of the world who has investments in Brazil is subject to the Brazilian Constitution and laws,” he said on local radio MaisPB.

– “Digital militias” –

On August 17, Elon Musk announced the closure of X's offices in Brazil, citing the actions of Judge Moraes, while leaving the service available there.

The high magistrate opened an investigation into the billionaire in April, accusing him of having reactivated accounts suspended by decision of the Brazilian courts. X had admitted that users had managed to circumvent the restrictions.

The judge has ordered in recent years the blocking of the accounts of influential figures in Brazil's ultra-conservative movements for having disseminated “fake news”.

And this is particularly true since the attempts by supporters of the former far-right president Jair Bolsonaro (2019-2022) to discredit the electronic voting system during the election won by Lula in 2022.

Elon Musk is also the subject of an investigation in Brazil in the case of “digital militias”, suspected of having used public money to orchestrate disinformation campaigns in favor of Mr. Bolsonaro and his close associates.

As in other countries, X is highly prized in Brazil by politicians and journalists alike, and is a privileged arena for the intense polarization between right and left – including in the current municipal campaign.

In the past, platforms such as Telegram and WhatsApp have been temporarily suspended in Brazil by court orders.

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