Elon Musk's Refusal to Comply with Local Laws Caused X's Ban in Brazil

X (formerly known as Twitter), has been taken offline in Brazil following Elon Musk's refusal to adhere to local regulations.

This led to the network being blocked by the supreme court, rendering it inaccessible both on the web and through its mobile app.

Over 22 million Brazilian users were left unable to access the platform on Saturday morning as internet providers and mobile carriers began enforcing the ban.

The suspension was triggered when X missed a deadline set by Supreme Court Justice Alexandre de Moraes to appoint a legal representative in Brazil.

This directive came after Musk shut down X's Brazilian office in response to Moraes's threats of arrest for failing to comply with orders to remove accounts allegedly violating Brazilian laws, and Musk’s refusal to heed court orders to suspend specific accounts.

Moraes had warned Musk that X could be blocked in Brazil if he failed to comply with the order to name a representative, setting a 24-hour deadline.

The company has been without a representative in the country since earlier this month.

Moraes stated:

“Elon Musk showed his total disrespect for Brazilian sovereignty and, in particular, for the judiciary, setting himself up as a true supranational entity and immune to the laws of each country.”

This move escalates the long-standing conflict between Musk and Moraes over issues of free speech, far-right accounts, and misinformation.

In his ruling on Friday, Moraes accused X of operating "like a no man's land—a veritable land without law" by allowing the widespread dissemination of misinformation, hate speech, and anti-democratic rhetoric.

Shortly after midnight local time, Brazilian users started noticing that X had been suspended.

Moraes declared that the platform would remain offline until it complies with his orders and imposed a daily fine of 50,000 reais ($8,900) for individuals or companies using VPNs to access it.

In his decision on Friday, Moraes cited Musk's statements as evidence that X's conduct "clearly intends to continue encouraging extremism, hate speech, and anti-democratic discourse, and to attempt to remove them from judicial oversight.”

A search on X revealed numerous Brazilian users seeking information about VPNs that could potentially allow them to continue using the platform by masking their location as outside the country.

It remains unclear how Brazilian authorities will monitor and enforce the fines mentioned by Moraes.

Elon Musk Expected X's Shutdown in Brazil

Brazil is a significant market for X, which has faced challenges since Musk's acquisition of the former Twitter in 2022, particularly with the loss of advertisers.

According to market research group Emarketer, approximately 40 million Brazilians, or roughly one-fifth of the population, access X at least once per month.

X's CEO Linda Yaccarino said:

“This is a sad day for X users around the world, especially those in Brazil, who are being denied access to our platform. I wish it did not have to come to this – it breaks my heart.”

X had anticipated the potential shutdown by Moraes, stating on its official Global Government Affairs page late Thursday that the action was expected "simply because we would not comply with his illegal orders to censor his political opponents."

The company wrote:

“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.”

This reflects X's ongoing clash with Moraes over its reluctance to comply with orders to block users.

Accounts previously shut down on Brazilian orders include those of lawmakers affiliated with former President Jair Bolsonaro's right-wing party and activists accused of undermining Brazilian democracy.

Elon Musk Fights for Free Speech

Musk, who has aligned himself with right-wing figures such as Jair Bolsonaro and Donald Trump, has strongly opposed the actions of Moraes.

Musk has accused Moraes of stifling free speech and attempting to censor conservative viewpoints.

In April, Moraes included Musk in an investigation into the dissemination of fake news and opened a separate investigation into Musk for alleged obstruction.

Musk had stated:

"Free speech is the bedrock of democracy and an unelected pseudo-judge in Brazil is destroying it for political purposes."

Musk, who identifies as a "free speech absolutist," has repeatedly argued that Moraes' actions amount to censorship, a view shared by Brazil's political right.

Musk has frequently insulted Moraes on his platform, referring to him as a dictator and a tyrant.

He escalated his attacks by calling Moraes "Voldemort" and sharing a meme depicting a dog dangling its scrotum in front of another animal.

Musk has also described Moraes as "a dictator and a fraud, not a justice," although Brazilian users could no longer read his words without using a virtual private network (VPN).

Prominent right-wing voices have rallied to Musk's side, highlighting the growing alignment between the Brazilian far right and the world's richest person.

This ongoing feud underscores the broader conflict between free speech and content moderation in the digital age.

Nikolas Ferreira, a prominent rightwing congressman, in the hours before X was blocked, noted:

“I'm going to radicalise, even it I do it on my own.”

Supporters of X's Ban in Brazil

Defenders of Moraes have argued that his actions against X are lawful, supported by most of the court's full bench, and are aimed at protecting democracy at a critical time.

Moraes emphasized that his ruling is based on Brazilian law, which requires internet services companies to have representation in the country.

This ensures they can be notified of relevant court decisions and take necessary actions, such as removing illicit content posted by users and addressing the anticipated spread of misinformation during the October municipal elections.

Filipe Medon, a specialist in digital law and professor at the law school of Getulio Vargas Foundation, a university in Rio de Janeiro, explained:

“This is an unusual measure, but its main objective is to ensure that the court order to suspend the platform's operation is, in fact, effective.”

Progressive Brazilians have scoffed at Musk's claim to be defending free speech, with many celebrating the supreme court's decision to demonstrate to X's owner that he is not above the law.

Leftwing congresswoman Erika Hilton noted on X:

“If billionaires want to have companies that make billions in these parts, they need to learn to respect the laws. Long live the rule of law and national sovereignty.”

X's Rival Network Bluesky Gains 1 Million Users

A significant number of Brazilians have sought refuge on the rival network, Bluesky, which reported a surge of 500,000 new users over the past two days.

At the time of writing, the company posted on X that its number of users has reached a million.

Felipe Neto, one of Brazil's top social media influencers with 17.1 million X followers, posted on X:

Mariana de Souza Alves Lima, known by her handle MariMoon, showed her 1.4 million followers on X where she intends to go, posting a screenshot of rival social network BlueSky.