Brazil’s Supreme Court has unanimously voted to uphold the X ban after the platform’s refusal to comply with Brazilian laws.
On Monday, the court’s 11 justices were asked to review Friday’s decision to temporarily suspend X, which has over 21 million users in Brazil. By the end of the day, all had voted in favor of the ban, citing X’s deliberate disregard of court orders.
Justice Flávio Dino said X’s failure to name a legal representative in Brazil suggested the company “considered itself above the rule of law.” He warned of allowing “private autocrats” to dictate the laws on social networks but indicated he could revisit the ban if X corrects its “illegal conduct.”
Judge Cristiano Zanin also backed the ruling, stating that X had “systematically” ignored orders to block accounts spreading disinformation and name a local legal representative.
“No one can operate in Brazil without complying with the laws,” Judge Zanin says.
The justices agreed with prohibiting VPNs from bypassing the X ban, punishable by fines of up to 50,000 reais ($9,500) daily.
X owner Elon Musk strongly criticizes the ban, calling Justice Alexandre de Moraes, “the dictator of Brazil” and Brazil’s “Voldemort.” Musk has aligned himself with former right-wing President Jair Bolsonaro.
“The current Brazilian administration likes to wear the cloak of a free democracy while crushing dissent,” Musk tweeted.
Moraes has accused X and other platforms of enabling anti-democratic sentiment ahead of the January 8, 2023 riots in Brasília by far-right supporters of Bolsonaro. Federal police are expected to charge Bolsonaro and allies over the alleged coup attempt.
Bolsonaro denies wrongdoing but attacked the X ban, claiming it aims “to control debate and silence dissenting voices.”
Over the weekend, Bolsonaro led his supporters in a free speech rally in Sao Pablo.
Vice President Geraldo Alckmin rejected attempts to paint the dispute as threatening free speech, saying, “Nobody is above the law.” He compared it to Telegram CEO Pavel Durov’s recent arrest in France over refusing to cooperate with authorities.
Fear the standoff would escalate came when Musk’s pledged to ignore the court order through his satellite internet company, Starlink. However, Starlink recently backed off the threat, saying the company would comply with the court’s order.
The court is also considering fines for X advertisers who continue advertising in Brazil. Major brands have reportedly paused spending in response. Brazil is one of X’s biggest and most populous markets.
While Musk continues lambasting the ban to his 115 million followers, many Brazilians fear the loss of access to information. An estimated 59% believe social media plays an important role for democracy, according to Pew Research Center.
Supporters of Bolsonaro and Musk have organized small protests against the ban. Lula’s supporters argue the government is working to combat the dangerous spread of disinformation. Some hope a legal representative compromise could lead to X’s reinstatement.
Human rights groups have expressed concerns about censorship while emphasizing the need for accountability. David Kaye from the UCLA School of Law told the AP, “Platforms should push back against untenable content moderation requirements, but reasonable cooperation and compliance with national laws is a cost of doing business.”
With neither side showing signs of backing down, the shutdown threatens to disrupt political discourse and leaves the country divided on the balance between regulation and freedom online.
