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By Mae Slater on
 August 31, 2024

Brazilian Justice Suspends X In Brazil, War Between Musk And Brazilian Supreme Court Escalating

Elon Musk's social media platform, X, has been suspended nationwide in Brazil following an order from a Supreme Court justice.

The decision comes after the platform failed to appoint a legal representative in the country, marking a significant escalation in the ongoing conflict between Musk and the Brazilian judiciary.

The Washington Times reported that the suspension was ordered on Friday after Musk refused to comply with a legal mandate requiring X to designate a representative within Brazil.

This legal representative is necessary under Brazilian law to handle notifications in legal cases.

The refusal has deepened tensions between Musk and Justice Alexandre de Moraes, who has been engaged in a months-long feud with the billionaire over issues of free speech, misinformation, and the handling of far-right accounts on the platform.

Justice de Moraes Issues 24-Hour Warning

The conflict intensified earlier this week when Justice de Moraes issued a 24-hour ultimatum to X, warning that the platform would be blocked if it did not appoint a legal representative.

Despite this warning, X did not comply, leading to the justice's decision to suspend the platform on Friday. This marks a significant development in the ongoing legal battle between Musk and de Moraes.

The suspension is expected to have a considerable impact on Brazil's digital landscape, as X is a major social media platform in the country.

With around 40 million users, nearly one-fifth of Brazil's population accesses X at least once a month. The platform’s absence could lead to disruptions in how Brazilians engage with social media, particularly in the realm of political discourse.

X had anticipated the suspension and posted a statement on its Global Government Affairs page on Thursday.

The company criticized Justice de Moraes, accusing him of using his power to censor political opponents. The statement further alleged that de Moraes threatened X's Brazilian legal representative with imprisonment and froze her bank accounts after she resigned.

The platform's efforts to challenge these actions in court have been unsuccessful.

According to X, its legal challenges were either dismissed or ignored, leaving the company with few options but to comply with de Moraes' orders or face the consequences. X maintains that the justice's actions are not only illegal but also constitute a serious threat to free speech in Brazil.

Brazilian Law and the Requirement for Legal Representation

Under Brazilian law, foreign companies operating in the country are required to have a local legal representative to handle legal notifications. This requirement is particularly important for companies like X, which operate in highly regulated environments and are frequently subject to legal scrutiny.

The absence of a legal representative for X in Brazil has been a point of contention for several months.

The company has not had a representative in the country since earlier this month, which has exacerbated the situation. Justice de Moraes' decision to suspend X until it complies with this legal requirement underscores the seriousness of the issue.

The suspension of X in Brazil raises broader questions about the balance between free speech and legal accountability in the digital age. While Musk and his supporters argue that de Moraes' actions are a form of censorship, others see the justice's decision as a necessary step to protect democracy and uphold the rule of law.

Luca Belli, a researcher at the Technology and Society Center at the Getulio Vargas Foundation, warned that X could be taken offline within 12 hours of receiving the suspension order. The potential for such a rapid shutdown highlights the precarious nature of the platform's situation in Brazil.

This is not the first time Musk's platform has clashed with Brazilian authorities. X has previously complied with Brazilian orders to block accounts associated with lawmakers from former President Jair Bolsonaro's party and certain activists.

These actions have further fueled the debate over the platform's role in regulating content and the extent to which it should comply with government orders.

Musk has been vocal in his opposition to these regulations, arguing that they infringe on free speech and allow governments to suppress dissenting voices.

However, his refusal to appoint a legal representative in Brazil has placed X in a difficult position, forcing the company to choose between complying with local laws or risking a nationwide suspension.

Written By:
Mae Slater

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