The Supreme Court of Brazil has now banned X after the Tesla CEO, Elon Musk, failed to appoint an attorney in Brazil. In his ruling, Justice Alexandre de Moraes referred to issues to do with non compliance with local laws and non compliance with earlier court orders as some of the reasons for the ban.
Additionally, this step is a continuation of a legal war between Musk and the Brazilian government due to concerns that X promotes fake news, hatred, and extremism. The decision caused controversy on freedom of speech, regulation of social networks, and the effects of these platforms in Brazil.
Heavy Fines and App Store Removal
Apart from suspending the law, the court has placed other stringent measures that would be implemented to enforce the decision made by the court. The National Telecommunications Agency (ANATEL) has been forcing the platform’s blockage in the entirety of Brazil while users who try to access X via VPN or related services will face penalties of up to R$50,000 per day.
https://twitter.com/BrendanCarrFCC/status/1829712717328105788
In addition, Justice de Moraes ordered Apple and Google to remove the X app from the stores in the next five days, in an attempt to reduce access to the application. The removal order is considered an attempt to demarginalize its presence and impact in Brazil.
Musk's Outcry and Claims of Unlawful Censorship
A recent judicious ruling has been severely condemned by Elon Musk saying that the ruling was politically motivated and contrary to the Brazilian laws. He has openly attacked Justice de Moraes who he accused of trying to stifle political dissent through censorship of content.
Musk called the judge a “Tyrant”, and a “Dictator” while arguing that the orders are a violation of the constitution and free speech.
https://twitter.com/tedcruz/status/1829705973264470189
According to X’s legal council, de Moraes appeared to imprison the legal representative of the platform which forced her to resign. As a result, X closed its office in Brazil earlier this month. However, Musk and his allies continue to assert that the judiciary is overstepping its authority.
Broader Impact of the Legal Standoff
Thus, the conflict between X and Brazil’s Supreme Court is a conflict for digital leadership, fake news, and state authority over social media.
Justice de Moraes and his allies defended their conduct to defend democracy and avoid the diffusion of dangerous content. This constant clash may have various implications on how social media companies react to legal prescriptions and liberties in various world regions.
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