Brazil’s Supreme Court is set to vote on Monday, September 2, on whether to uphold the decision to shut down the social media platform X owned by billionaire Elon Musk. Last Friday, August 30, Brazil’s Chief Justice Alexandre de Moraes ordered the closure of X platform for failing to appoint a legal representative in Brazil.
This blockade marks an escalation in the months-long dispute between Musk and Moraes, with the key points of contention being freedom of speech and posts deemed by the judge as false information. Moraes stated in his closure order that X would remain in a state of suspended operations until the company complies with his demands, and individuals or companies attempting to access the website through virtual private networks (VPNs) or other means would face fines of around $8,900 per day.
Moraes has convened a virtual meeting of the court’s first chamber, of which he is a member, for colleagues to review his decision. The Federal Supreme Court (STF) is the highest judicial body in Brazil, and decisions made by a single judge can be reviewed by a full panel of 11 judges to determine whether to uphold or overturn the ruling.
President of Brazil, Luiz Inácio Lula da Silva, has supported Moraes’ decision to close the social media platform X, and Chief Justice Luis Roberto Barroso has also expressed his backing. Barroso stated in an interview with Folha de S.Paulo on Sunday, September 1, that “a company that refuses to appoint a legal representative in Brazil cannot operate within the country.”
According to data from research firm Oosga, Brazil is one of the largest markets for the X social media platform, with millions of users. Maurício Santoro, a political science professor at the State University of Rio de Janeiro, expressed on X before its closure that Brazil’s action was extremely bad and terrifying.
Santoro wrote, “I have often used VPNs to access news websites and social media in authoritarian countries like China. I never thought such a tool would be banned in Brazil. This is downright dystopian.”
Earlier this year, Moraes ordered the blocking of certain accounts on X as he investigated so-called “digital militia” groups accused of spreading fake news and hateful speech during former President Jair Bolsonaro’s term in office. This investigation has received support from the current leftist Lula government, with Musk questioning the court’s order to block certain accounts on X, which was seen as part of Brazil’s efforts against fake news and misinformation.
Moraes is conducting this five-year investigation, appointed as a federal Supreme Court Justice in 2017 by then-President Michel Temer. The investigation accuses these accounts of instigating nationwide protests after Bolsonaro’s defeat in the 2022 elections.
Moraes has approved an investigation into Bolsonaro, aiming to determine who incited a group of protesters to breach security on January 8, 2023, and enter the buildings of the Brazilian Congress, the Supreme Court, and the presidential palace.
Multiple media reports indicated that on April 7, Moraes stated that Musk would be investigated for allegations including obstructing judicial justice, involvement in criminal organizations, and incitement.
Moraes stated, “This platform openly obstructs Brazilian judicial justice, incites crime, publicly threatens not to comply with court orders, and engages in acts that do not respect Brazilian sovereignty.” He also said, “The platform should avoid violating any court orders issued, including restoring any accounts that have been blocked by the Supreme Court.”
X claimed that the court’s judgment forced it to block “certain popular accounts in Brazil” and prohibited disclosing specific information about these blocked accounts. However, on August 13, X shared a relevant document with the owners of these accounts.
In a statement from X’s global government affairs account, they wrote, “This letter requests a review of popular accounts in Brazil, including a pastor, a current parliament member, and a former parliament member’s wife. We believe the Brazilian people should know what we have been asked to do.”
On August 30, X stated, “Unlike other social media and tech platforms, we will not secretly comply with illegal orders. For our users in Brazil and worldwide, X will continue to strive to protect your freedom of speech.”