Brazilian Supreme Court Chief Justice Alexandre de Moraes arrives for a court hearing, in Brasilia, Brazil, June 22, 2023.
Eraldo Peres/AP
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Eraldo Peres/AP
SAO PAULO — A Brazilian Supreme Court justice on Friday ordered the suspension of Elon Musk’s social media giant X in Brazil after the tech billionaire refused to name a legal representative in the country, according to a copy of the decision seen by The Associated Press.
The move further escalates the monthslong feud between the two men over free speech, far-right accounts and misinformation.
Justice Alexandre de Moraes had warned Musk on Wednesday night that X could be blocked in Brazil if he failed to comply with his order to name a representative, and established a 24-hour deadline. The company hasn’t had a representative in the country since earlier this month. De Moraes said the platform would remain blocked until it complies.
Tesla and SpaceX chief executive officer Elon Musk listens to a question as he speaks at the SATELLITE Conference and Exhibition in Washington, March 9, 2020.
Susan Walsh/AP
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Susan Walsh/AP
Brazil is an important market for X, which has struggled with the loss of advertisers since Musk purchased the former Twitter in 2022. Market research group Emarketer says some 40 million Brazilians, roughly one-fifth of the population, access X at least once per month.
X had posted on its official Global Government Affairs page late Thursday that it expected X to be shut down by de Moraes, “simply because we would not comply with his illegal orders to censor his political opponents.”
“When we attempted to defend ourselves in court, Judge de Moraes threatened our Brazilian legal representative with imprisonment. Even after she resigned, he froze all of her bank accounts,” the company wrote. “Our challenges against his manifestly illegal actions were either dismissed or ignored. Judge de Moraes’ colleagues on the Supreme Court are either unwilling or unable to stand up to him.”
X has clashed with de Moraes over its reluctance to comply with orders to block users.
Accounts that the platform previously has shut down on Brazilian orders include lawmakers affiliated with former President Jair Bolsonaro’s right-wing party and activists accused of undermining Brazilian democracy.
Musk, a self-proclaimed “free speech absolutist”, has repeatedly claimed the justice’s actions amount to censorship, and his argument has been echoed by Brazil’s political right. He has often insulted de Moraes on his platform, characterizing him as a dictator and tyrant.
De Moraes’ defenders have said his actions aimed at X have been lawful, supported by most of the court’s full bench and have served to protect democracy at a time in which it is imperiled. His order Friday is based on Brazilian law requiring foreign companies to have representation in the country so they can be notified when there are legal cases against them.
Given that operators are aware of the widely publicized standoff and their obligation to comply with an order from de Moraes, plus the fact doing so isn’t complicated, X could be offline as early as 12 hours after receiving their instructions, said Luca Belli, coordinator of the Technology and Society Center at the Getulio Vargas Foundation, a university in Rio de Janeiro.