X Braces for Possible Boot From Brazil as Supreme Court Dispute Intensifies
Brazilian Supreme court Judge Alexandre de Moraes could order X to shut down. Photo by Mateus Bonomi/Anadolu Agency via Getty Images.
Key Takeaways
- On Wednesday, Brazil’s Supreme Court gave X 24 hours to identify a legal representative or face suspension.
- After X failed to comply, the company said it expected Judge Alexandre de Moraes to order it to shut down.
- The dispute centers on X’s refusal to remove posts at the court’s request.
Tensions between X and the Brazilian Supreme Court have reached a boiling point after a court-imposed deadline for the company to identify a legal representative passed on Thursday, Aug. 29.
Having already closed its office in the country, X said in a statement: “Soon, we expect Judge Alexandre de Moraes will order X to be shut down in Brazil.
X Claims Court Order Illegal
The potential shutdown stems from X’s refusal to take down certain posts after the court requested it.
According to the company, Judge de Moraes issued “illegal orders to censor his political opponents.”
When X rebuked these, the court reportedly fined it around 20 million reais ($3.6 million), which the firm didn’t pay.
“When we attempted to defend ourselves in court, Judge de Moraes threatened our Brazilian legal representative with imprisonment,” X said in its statement .
“Even after she resigned, he froze all of her bank accounts. 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.”
Timeline of X Brazil Dispute
The Supreme Court’s tussle with X can be traced back to the 2022 election, when misinformation on social media platforms, including X (then Twitter), became a significant concern.
2022–2023: Supreme Court Tackles Misinformation
Amid a heated presidential race, X was ordered to remove specific content. However, the firm refused many court orders, claiming they violated Brazil’s free speech protections.
Tensions were further heightened following the January 2023 attacks on Congress, which further escalated de Moraes’ crackdown on fake news.
Throughout 2023, the court issued X with penalties for not fully adhering to its orders as the two parties clashed over constitutional issues.
April 2024: The Twitter Files
In April 2024, the journalists published the “Twitter files” depicting a government conspiracy to pressure social media platforms into censoring posts without a warrant.
At the center of the controversy, de Moraes was accused of targeting supporters of former president Jair Bolsonaro by attempting to strongarm X into complying with his demands.
Following the release of the Twitter files (which he provided to journalists), X CEO Elon Musk reinstated some previously banned Brazilian accounts and publicly called out de Moraes’ “draconian requests.”
The comments sparked a volley of personal attacks between the two men that culminated in de Moraes investigating Musk for obstruction of justice.
August 2024: X Faces Shutdown
As X continued to deny the court’s orders, in early August, the company closed its operations in the country due to alleged legal threats to its staff.
On Wednesday, Aug. 28, the court ordered Musk to name a legal representative for X in Brazil within 24 hours or face the site’s suspension. Having not done so, X now expects the court to order its shutdown.
Musk responded to the news: “Alexandre de Moraes is an evil dictator cosplaying as a judge.”
Implications for Brazilian Internet Users
Facing the threat that X might be taken down, VPN downloads have surged in Brazil as internet users look for ways to bypass a potential suspension.
Amid the rush, however, numerous VPNs reportedly vanished from Apple’s App Store in the country last week.
According to user reports, NordVPN, ExpressVPN, ProtonVPN, and Surfshark were among the affected apps.
Commenting on the issue, ProtonVPN said : “The problem is not on our end, but is an app store issue. Could be a bug, or Apple implementing a secret censorship order.”
Echoing similar debates in the US, the Supreme Court’s actions pit the government’s efforts to stamp out misinformation against Brazilians’ right to freedom of expression. As the case unfolds, it continues to shape the balance between free speech and regulation in the digital age.
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