“Immediate, complete and comprehensive:” Three words, as sharp as they were uncompromising, that shook Latin America’s largest country on Friday, August 30. Alexandre de Moraes, a judge at Brazil’s Federal Supreme Court (in Portugese, Supremo Tribunal Federal, or STF), ordered that the social media site X, which is owned by Elon Musk, be suspended within the country. This is a new chapter in the current duel between the billionaire and Brazil’s highest court, but certainly not its epilogue.
The judge gave the National Telecommunications Agency 24 hours to implement the measure. Internet providers were also ordered to “put technological barriers in place” to prevent X from operating “on national territory” on either smartphones or computers. Uncooperative internet users who attempt to use a VPN to circumvent the ban risk a fine of 50,000 reais (€8,000).
Brutal as it may be, the decision is anything but a surprise. It has been brewing for months, if not years. De Moraes, the bête noire of the far right, is in charge of the main investigations targeting former president Jair Bolsonaro (2019-2023) as well as his close associates and his supporters. Several of these investigations concern the dissemination of false information or the existence of “digital militias” allegedly using various social media platforms to spread their messages in Brazil.
Lack of legal representation
The situation escalated after January 8, 2023, when thousands of Bolsonarist demonstrators ransacked Brasilia’s institutions. The judge stepped up his actions by ordering online platforms to block the accounts of those accused of threatening democracy or of having instigated a coup d’état… much to the dismay of Musk, a libertarian icon, who accused de Moraes of “censorship” and refused to comply.
In April, the judge continued to toughen his stance by adding the billionaire’s name to the long list of suspects in his investigation into “digital militias.” Musk now faces prosecution in Brazil for “obstruction of justice, criminal organization and incitement to crime.” But Musk, who also owns Tesla and SpaceX, was unfazed.
On August 15, de Moraes raised the daily fine imposed on X to 200,000 reais (€32,000) for its refusal to suspend profiles – a fine that the company did not pay. Two days later, Musk retaliated by announcing the closure of X’s offices in Brazil, alleging, without presenting any concrete evidence, that de Moraes had threatened to send some of his employees to prison.
The company no longer had a legal representative in the country and was in breach of Brazilian law. This was too much for the judge, who issued an ultimatum on August 28, giving X 24 hours to appoint a legal representative or be suspended. But the insolent billionaire refused to comply, and de Moraes kept his word: The platform was banned from the Brazilian internet.
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