Brazil’s Supreme Court Upholds Ban On Elon Musk’s X Over ‘Illegal Conduct’

Brazil’s Supreme Court has upheld a ban on the social media platform X (formerly known as Twitter) following Elon Musk’s refusal to comply with local laws. The court had initially suspended X in response to Musk’s refusal to appoint a legal representative in Brazil, an act that the court saw as defying Brazilian law.

Justice Flávio Dino supported the suspension, emphasizing that X’s failure to cooperate suggested that the company “considered itself above the rule of law.” Dino warned that such behavior risked turning the platform into an “outlaw” and urged X to correct its conduct to avoid further legal consequences. He added, “Economic power and the size of one’s bank account do not produce some strange immunity from jurisdiction.”

Another justice, Cristiano Zanin, backed the decision, criticizing X for “systematically” ignoring court orders, including directives to block accounts spreading disinformation and to name a local representative. Zanin reinforced that no entity, public or private, could operate in Brazil without adhering to the country’s legal framework.

Justice Cármen Lúcia Antunes Rocha also supported the ban, calling X’s actions an “aggressive and bellicose infringement of Brazilian legislation.” Rocha stated that the case questioned whether foreign companies should be allowed to operate without rules or legal limits within Brazil.

One of the most contentious elements of the ruling, first imposed by Justice Alexandre de Moraes, prohibits the use of virtual private networks (VPNs) to bypass X’s block. The justices unanimously upheld this prohibition, with violators facing fines of 50,000 reais (£6,760) per day. Moraes reiterated that the platform’s suspension was necessary for protecting Brazil’s rule of law.

In response to the ban, Elon Musk has launched a series of public attacks on Brazil’s judiciary and government, labeling Justice Moraes as a “fake judge” and “the dictator of Brazil.” Musk, who has aligned himself with Brazil’s far-right former president Jair Bolsonaro, denounced the ruling as a “woke authoritarian crusade” aimed at silencing conservative voices.

Musk’s defiance extends beyond his social media platform. His satellite internet company, Starlink, reportedly informed Brazil’s telecommunications regulator, Anatel, that it would not comply with the court’s order to block X in the country. This move could result in additional sanctions against Starlink, especially as its services are widely used in remote areas of Brazil, including the Amazon.

Musk’s criticism has been echoed by Bolsonaro, who accused the judiciary of attempting to suppress free speech. Bolsonaro, with 13 million followers on X, claimed that the ban stemmed from a desire to control public debate.

However, senior figures in President Luiz Inácio Lula da Silva’s government have refuted these accusations, asserting that the issue is about legal compliance, not censorship. Vice President Geraldo Alckmin said, “It’s simply about following the rules… nobody is above the law,” drawing parallels to the recent arrest of Telegram’s CEO in France, a country known for its democratic values.