Brazilian Court Suspends Elon Musk's X for Missed Deadline

August 31, 2024
Brazilian Court Suspends Elon Musk's X for Missed Deadline
  • Brazilian Court Suspends Elon Musk's X

Owing to the social networking platform's failure to designate a local legal agent by the deadline, the Brazilian Supreme Court has ordered that X be suspended from the nation.

Judge Alexandre de Moraes issued an order late on Friday afternoon suspending X's operations "immediately, complete and total" in the nation, "until all court orders... are complied with, fines are duly paid, and a new legal representative for the company is appointed in the country." The judge and Elon Musk have been at odds since April.

Telecommunications Agency of Brazil twenty-four hours to implement the ruling. After being informed, the agency has to notify the nation's more than 20,000 broadband internet providers, requiring them to all block X.

since 17 August, when Musk announced that his company was shutting down its operations in the country “effective immediately” due to what it called “censorship orders” from Moraes. The service has remained available to users in the country.

Moraes’ April order to X to block some accounts stemmed from an investigation into “digital militias” who backed former president Jair Bolsonaro’s attempts to stay in power after his 2022 election defeat. After Musk refused to comply, the judge included him in his investigation.

On Wednesday, Moraes gave the company 24 hours to appoint a new legal representative in Brazil – a requirement for foreign companies operating in the country – “under penalty of immediate suspension of the social network’s activities”.

In the post announcing its non-compliance with the order, X said it “would not comply with his [Moraes’] illegal orders to censor his political opponents”.
Asked on Friday about Musk’s refusal to comply, Lula said: “Any and all citizens from anywhere in the world who have investments in Brazil are subject to the Brazilian constitution and Brazilian laws.”

The president said Musk “must respect the decision of the Brazilian supreme court … If not, this country will never be sovereign”.

It was also revealed on Thursday that on 18 August – a day after Musk announced the end of X’s operations in Brazil – Moraes blocked the local bank accounts for Musk’s satellite and internet provider Starlink. The aim was to enforce fines imposed on X – as of this Friday, R$18.3m (£2.5m) – for refusing to remove profiles accused of promoting anti-democratic acts and false news.

The two firms are part of Musk’s sprawling business empire, which includes the rocket company SpaceX and the electric car company Tesla. The billionaire owns X and 40% of SpaceX and is the chief executive of Tesla.
Legal experts have criticised the Starlink decision. They argue that it is a different company (albeit one owned by the same person) and should not be held responsible for matters pertaining to X.

In an email to its clients, Starlink criticised the decision and stated: “Although this illegal request may affect our ability to receive your monthly payment … we will continue to provide services to you free of charge, if necessary.”

Starlink, which is the dominant internet provider in the Amazon, remains operational for now.

On Friday, Starlink filed a request with the supreme court to have Moraes’ decision suspended and its bank accounts unfrozen, or, if this request was denied, that the freeze be limited to the total of the fines against X. There is no indication as to when the request will be reviewed.
For the time being, Starlink, the leading internet service in the Amazon, is still in business.

Starlink requested on Friday that Moraes' ruling be revoked and its bank accounts unfrozen, or in the event that the motion was turned down, that the freeze be extended to cover the whole amount of X's penalty. When the request will be reviewed is not specified.

SOURCE: The Guardian