Brazilian Court Upholds Ban on X for Non-Compliance with Local Laws

Brazil’s Supreme Court has ruled in favor of Justice Alexandre de Moraes’ decision to suspend Elon Musk’s social media platform X, formerly known as Twitter, citing the company’s failure to comply with local laws. The ban, effective since Saturday, follows Musk’s refusal to appoint a legal representative in Brazil by the court’s deadline in August. Musk has accused de Moraes of enforcing censorship.

Chief Justice Luis Roberto Barroso affirmed in an interview with Brazilian newspaper Folha de S.Paulo that “a company that refuses to name a legal representative in Brazil cannot operate in Brazilian territory.”

Justice Flavio Dino supported the court’s decision, emphasizing, “It is not possible for a company to operate in the territory of a country and intend to impose its vision on which rules should be valid or applied.” The ruling underscores the court’s stance that adherence to local regulations is mandatory for operating within Brazil.

In response to the ban, many Brazilian users have migrated to alternative platforms such as Meta’s Threads and BlueSky, co-founded by Jack Dorsey, the original creator of Twitter. BlueSky CEO Jay Graber reported a dramatic increase in traffic, stating, “At peak traffic over these past few days, we’ve had 20 times the usual load on our infrastructure!” Despite some slow loading times, the platform has managed to stay operational.

Records have been set for user engagement on BlueSky, with significant increases in follows and likes. Threads users welcomed the influx of Brazilians with messages like, “Hello literally everyone in Brazil,” and “We’re a lot nicer than Twitter here.”

Although X is less popular in Brazil compared to Facebook, Instagram, YouTube, or TikTok, it remains influential, especially in political discussions.

Justice de Moraes has stated that X will remain suspended until it adheres to his orders, including a daily fine of 50,000 reais (€8,000) for those using virtual private networks (VPNs) to access the platform.

Legal experts have questioned the decision’s validity and enforcement, with some describing it as authoritarian. The Brazilian Bar Association has called for a review of the fines imposed on VPN users, arguing that such measures should not be enforced without due process.

Political science professor Maurício Santoro criticized the ban, noting, “I’ve used VPNs a lot in authoritarian countries like China to continue accessing news sites and social networks. It’s dystopian that such tools would be banned in Brazil.”

In response to the ban, many Brazilian users have sought information on VPNs to bypass the restriction. Right-wing congressman Nikolas Ferreira, a close ally of former President Jair Bolsonaro, criticized the Supreme Court’s actions and urged voters to support candidates who respect free speech. Elon Musk endorsed Ferreira’s stance with an approving emoji.

Lawmaker Bia Kicis condemned the Supreme Court’s actions, asserting that the repercussions for Brazil will be regrettable. She has urged Senate President Rodrigo Pacheco to initiate impeachment proceedings against Justice de Moraes.

Former President Bolsonaro denounced the ban as a blow to freedom and legal security, claiming it undermines international companies’ confidence in operating in Brazil and affects the quality of information available to citizens.

President Luiz Inácio Lula da Silva supported Justice de Moraes’ decision, stating that foreign investors must comply with Brazilian laws. Lula remarked, “Any citizen, from anywhere in the world, who has investments in Brazil, is subject to the Brazilian Constitution and Brazilian laws. Therefore, if the Supreme Court has made a decision, they must comply or seek alternative solutions. Wealth alone does not exempt one from respecting the law.”