Brazil’s Supreme Court Confirms Ban on Elon Musk’s X Due to ‘Illegal Conduct’

Brazil’s Supreme Court has unanimously upheld the ban on the social media platform X, following Elon Musk’s refusal to comply with local regulations, which led to the platform being blocked in one of its largest markets.

On Monday, five justices of the court reviewed the decision made last Friday to temporarily suspend X in Brazil, where the platform has over 21 million users. By midday, all five had voted in favor of maintaining the ban.

Justice Flávio Dino, casting his vote to uphold the suspension, criticized X’s decision to “deliberately” ignore a court order to appoint a legal representative in Brazil, indicating that the company appeared to view itself as “above the rule of law.” Dino warned that such behavior could turn X into an “outlaw” and hinted that he might reconsider his decision if the company rectified its “illegal conduct.”

“Economic power and a large bank account do not grant immunity from jurisdiction,” Dino argued, cautioning against allowing “private autocrats” to dictate the rules of social networks.

Judge Cristiano Zanin also supported the ban, highlighting X’s “systematic” disregard for Supreme Court orders, including directives to block accounts allegedly spreading disinformation and to designate a local representative.

“The repeated noncompliance with Supreme Court decisions is extremely serious for any citizen or legal entity, whether public or private. No one can operate in Brazil without adhering to its laws and federal constitution,” Zanin stated.

Justice Cármen Lúcia Antunes Rocha backed the suspension, citing X’s “aggressive and combative violation of Brazilian legislation.”

Rocha noted that the central issue was whether a foreign company could operate “without rules or legal limits” in Brazil.

Earlier, Justice Alexandre de Moraes, who ordered last week’s ban, reiterated his view that the “immediate, complete, and total” suspension of X across Brazil was necessary.

Dino, Zanin, and Rocha agreed with the most controversial aspect of Moraes’s ruling: prohibiting the use of “technological subterfuge” such as virtual private networks (VPNs) to bypass the X ban. Accessing X in Brazil using such technology now carries a fine of 50,000 reais (£6,760) per day.

Since the ruling, Musk has intensified his criticism of Brazil’s Supreme Court and its left-wing government, denouncing the ban as part of a “woke authoritarian” effort to suppress conservative voices and free speech.

Musk’s satellite internet subsidiary, Starlink, reportedly informed Brazil’s telecommunications regulator, Anatel, that it would not comply with the court’s order to block X in the country. Meanwhile, Musk has taken to his X account to attack Moraes, labeling him a “fake judge” and “the dictator of Brazil.”

“He can block this platform in Brazil, but he can’t stop the whole world from knowing his illegal, shameful & hypocritical deeds,” Musk tweeted on Saturday as the ban took effect, leaving millions of Brazilians without access to X.

Musk, who has aligned himself with Brazil’s former right-wing president Jair Bolsonaro and his U.S. ally Donald Trump, has also criticized the government of left-wing President Luiz Inácio Lula da Silva.

“The current Brazilian administration likes to wear the cloak of a free democracy while crushing the people under its boot,” Musk tweeted. He had visited Bolsonaro in Brazil during the last year of his presidency and received a military decoration for distinguished services to the country.

That medal was awarded by Bolsonaro’s then-Defense Minister, Paulo Sérgio Nogueira, who is currently under investigation by federal police for allegedly conspiring to prevent Lula from assuming power after winning Brazil’s 2022 election. This alleged plot culminated in the far-right riots in Brasília on January 8, 2023, which Moraes has accused X and other social networks of contributing to by spreading hate speech and anti-democratic sentiments.

Bolsonaro and several close allies are expected to face formal charges over the alleged coup attempt in the coming weeks. The former president denies any wrongdoing and condemned the X ban on Monday, claiming it reflected “the inexplicable desire of some members of the government and judiciary to control public debate and silence dissenting voices.”

Senior members of Lula’s administration have dismissed Musk’s and Bolsonaro’s attempts to frame the situation as an attack on free speech.

“It’s simply about following the rules … nobody is above the law,” Vice President Geraldo Alckmin told Folha de São Paulo, comparing the case to the recent arrest of Telegram CEO Pavel Durov in France, “a country with a huge democratic tradition.”

Experts anticipate that the confrontation between Musk and Brazil’s Supreme Court will intensify before it subsides. If Starlink proceeds with its reported refusal to comply with the X ban, it is likely to face similar penalties for defying a Supreme Court order.

This could have significant repercussions in the Brazilian Amazon, where Starlink’s antennas have proliferated since their introduction in September 2022, providing high-speed internet to remote regions. By the end of 2023, Starlink antennas were in use in more than 90% of the Amazon’s municipalities, according to BBC Brazil.