Explained: Why Brazil's Supreme Court banned Elon Musk's X platform

Brazil's Supreme Court has banned the social media platform X (formerly Twitter) after Elon Musk refused to comply with orders to block accounts spreading 'fake news'.

Elon Musk, the billionaire entrepreneur behind Tesla and SpaceX, has become embroiled in a legal battle with Brazil's Supreme Court. The controversy arises from his refusal to comply with Brazilian laws governing social media, leading to the suspension of his platform, X (formerly known as Twitter), in the country.

Here is a closer look at the details of the dispute, the actions taken by Brazilian authorities, and the broader implications for both Musk and Brazil.

What is the dispute between Elon Musk and Brazil?

The conflict between Musk and Brazilian Supreme Court Justice Alexandre de Moraes began when X failed to comply with orders to block accounts accused of spreading fake news and hate speech. Despite repeated warnings, Musk's platform did not designate a legal representative in Brazil, a requirement under the country's internet laws. This led Justice de Moraes to order the shutdown of X, marking a significant escalation in their ongoing feud.

 

What actions have been taken against X in Brazil?

On Friday, de Moraes instructed Brazil's telecommunications regulator, Anatel, to block access to X across the country. The process of shutting down the platform could take hours or days, as telecom carriers have been notified to drop X traffic.

Additionally, the judge froze the financial assets of Starlink, Musk's satellite internet company, to cover unpaid fines amounting to 18.5 million reais ($3.28 million) imposed on X for non-compliance.

How did Elon Musk respond to the ban?

In response to these actions, Musk took to X to criticise de Moraes, calling him a "dictator."

Musk has positioned himself as a defender of free speech, accusing the Brazilian judiciary of censorship. However, his refusal to comply with Brazilian law has sparked a broader debate about the responsibilities of social media platforms and the extent to which they should be subject to national regulations.

Public reaction to the X ban in Brazil

X has been a popular platform in Brazil, especially among politicians, journalists, and influencers. As the country approaches municipal elections in October, the suspension of X could significantly impact political discourse. While X is not as widely used as platforms like Facebook or Instagram, it remains a critical space for political debate and communication.

The decision to ban X has divided public opinion in Brazil. Supporters of former President Jair Bolsonaro, who has clashed with de Moraes over similar issues, see Musk as an ally in their opposition to what they perceive as judicial overreach. On the other hand, some legal experts have questioned the grounds for the ban and the enforcement of penalties against users attempting to bypass it through Virtual Private Networks (VPNs).

The Brazilian Bar Association has called for a review of the fines imposed on citizens using VPNs to access X, arguing that such sanctions should not be applied without due process.

 

The shutdown of X in Brazil highlights the growing tension between global tech giants and national governments over issues of regulation and free speech. As Musk continues to engage with world leaders on various issues, his legal battle with Brazil serves as a reminder of the challenges faced by social media platforms operating in diverse legal environments.