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Explained: Elon Musk’s Feud With Brazilian Supreme Court Over X Ban

A Brazilian Supreme Court justice has ordered billionaire Elon Musk to name a legal representative for his messaging platform X in Brazil within 24 hours or face suspension of the social media site in the country.

WHAT IS THE CONFLICT ABOUT?

Justice Alexandre de Moraes and Musk have been in a public feud for months, after X failed to comply with legal orders to block certain accounts accused of spreading “fake news” and hate messages. X, formerly known as Twitter, claims Moraes threatened to arrest one of the company’s legal representatives in Brazil if it did not comply. Musk’s platform has shut all of its Brazil offices due to what it called “censorship” by the judge, though its service has remained available for users in the country.

WHAT NEXT?

Moraes could order the social media giant to be taken down immediately in Brazil. To gain support for his decision, he could propose the suspension of X to the plenary of the top court, which would take a few days. Moraes could also freeze financial assets of Musk’s Starlink by issuing an order to block the accounts of the satellite internet network that has rapidly expanded the number of its users in Brazil. Responding to a post that mentions reports that Starlink accounts had been blocked, Musk called Moraes a “dictator” on X.

HOW WOULD X BE SHUT DOWN?

Under Brazilian laws governing the internet, social media must have a representative based in the country. The judge said companies that breach Brazilian law can have their activities temporarily suspended. To shut down X’s operations in Brazil, Moraes would have to order telecommunication companies to stop carrying X traffic. Users would still be able to dodge the blockage by using VPNs, and postings urging Brazilians to do so were trending on social media after Moraes’ suspension threat.

WHAT IS THE POSSIBLE IMPACT?

X is widely used in Brazil and is an important means of communication, especially for politicians as a means to put out their views and attack their rivals. The country is about to enter the campaign phase for local municipal elections in October that will decide the mayors of 5,568 towns and cities.

RIGHT-LEFT DIVIDE ON THE ISSUE?

Reactions to the feud between Moraes and Musk are divided. Some X users shared Musk’s criticism of the judge’s decisions, saying he was undermining freedom of speech in Brazil. Others agree with the judge’s view that Musk should not be above Brazilian law.

Supporters of former hard-right President Jair Bolsonaro see Musk as an ally in their opposition to Moraes’ investigations into so-called digital militias that have been accused of spreading “fake news” and hate messages during Bolsonaro’s government which extended from 2019 to 2022.

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