X Has Returned to Brazil
Brazil’s Supreme Court has removed its prohibition on X following the company’s payment of a $5.1 million penalty and the freezing of accounts alleged to have violated the law.
Today, following a month-long hiatus, X is now active again in Brazil. The platform was halted since late August following a confrontation with the nation’s Supreme Court, during which X declined a court directive to eliminate specific right-wing accounts and content that the court claimed breached Brazilian law. After weeks of noncompliance, it appears Elon Musk has surrendered.
Brazilian Supreme Court judge Alexandre de Moraes permitted X’s comeback after the firm blocked accounts accused of spreading misinformation, reappointed a legal representative in the nation, and paid fines totaling 28.6 million reais ($5.1 million).
X released a statement on its platform, expressing that it is “proud to come back to Brazil.” “Providing access to our essential platform for tens of millions of Brazilians was crucial during this entire process,” the statement stated. “We will persist in upholding freedom of expression, within legal limits, in all locations where we conduct our operations.”
“I believe that ultimately, he realized he had no options,” states Nina Santos, a digital democracy researcher at the Brazilian National Institute of Science & Technology who studies the Brazilian far right. “Additionally, individuals in Brazil were beginning to lose interest.”
Soon after Musk assumed control of what was previously Twitter in October 2022, the Brazilian court issued a consent decree to the company, warning of a ban if it failed to uphold its promises to limit election-related misinformation and disinformation during the presidential run-offs in the country. As per employees who shared their views at the time, the trust and safety team successfully convinced Musk to maintain Twitter’s policies and protective measures. However, in under two weeks, Musk terminated over half of the workforce, affecting most of the trust and safety personnel.
Musk’s “absolutism regarding free speech” also resulted in the reinstatement of accounts that were banned previously by the company. Simultaneously, the company reversed its moderation efforts, enabling the spread of misinformation and hate speech across the platform.
In April, de Moraes issued a directive to the company to remove a specific set of accounts and content that the court claims disseminated false information regarding the nation’s electoral system. (In 2023, following the defeat of former right-wing president Jair Bolsonaro in the election, his backers invaded the Brazilian legislature.)
Musk resisted the court orders, declining to remove the content. On August 19, X declared that it would shut down its offices in Brazil, indicating that it would also lack a local representative. In the absence of someone appointed to communicate with the government—and hold legal accountability for the company’s choices—Moraes ordered the suspension of the platform in Brazil. He likewise directed his criticism at Musk’s other enterprise, Starlink, claiming it belonged to the same “economic group” and imposing $2 million in penalties on the firm after Musk originally stated that Starlink wouldn’t restrict X.
Musk ultimately yielded, and Starlink followed the court’s directive. In the meantime, X temporarily evaded the block in Brazil by channeling traffic via Cloudflare—which the company described as “unintentional”—but that option was swiftly closed off as well. The company announced last week that it had appointed a legal representative in the country and was submitting the necessary paperwork to regain online access. After X paid an estimated $5 million in fines levied by the courts, it was permitted to recommence operations. The timing is essential; Brazil is experiencing numerous significant local elections in October.
“I believe this is a win for the court,” states Ivar Hartmann, an associate professor of law at the Insper Institute of Education and Research in São Paulo. “The Supreme Court can now more easily block Starlink accounts in the future if X acts out again.”
However, Hartmann states that as long as the company complies with the law by maintaining a legal representative and respecting court orders, he does not foresee any additional issues. At least not for Musk. The likelihood of [the legal representative] eventually facing an arrest warrant is not nonexistent. “It’s an option,” he states. “I truly wish that they are receiving a substantial amount of money.” Santos believes that even if X breaches court orders once more, Starlink will likely remain somewhat protected, mentioning that the company offers internet services to numerous rural residents in Brazil. “Living without X in Brazil is far simpler than without Starlink,” states Santos.
