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Brazilian court imposes new conditions for reinstating X in the country

September 28, 2024

SAO PAULO — Brazilian Supreme Court Justice Alexandre de Moraes added new conditions on Friday for Elon Musk's social media platform X to be reinstated in the country. This comes one day after X claimed to have complied with all of the court's demands, including appointing a legal representative.

De Moraes ruled that X can only resume operations in Brazil after Starlink, Musk’s satellite-based internet service provider, withdraws its appeals related to the case. X has been blocked in Brazil for nearly a month following a standoff between Musk and de Moraes over issues including free speech, far-right accounts, and the spread of misinformation.

Earlier this month, de Moraes ordered Starlink’s assets be used to cover X’s accumulating fines, which now exceed $3 million. He justified the decision by stating that the two companies are part of the same economic group, although this interpretation has been questioned by some legal experts.

De Moraes also imposed a new fine of 10 million Brazilian reais ($1.84 million) and criticized X for temporarily routing users through a third-party service, Cloudflare, which had the effect of bringing the platform briefly back online in Brazil. The company explained that it was servicing Latin American clients and did not intend to evade the suspension.

In addition to this, de Moraes accepted the appointment of X’s new legal representative but fined her 300,000 reais ($55,000) for failing to comply with earlier decisions made in August. The absence of a legal representative was the original reason for de Moraes' decision to suspend X on August 30.

The conflict between X and de Moraes began earlier this year when the platform faced scrutiny for hosting far-right content and misinformation. Musk and his supporters have accused the Brazilian justice system of censorship, with Musk describing de Moraes as authoritarian. Nevertheless, the judge’s decisions have been upheld by his peers, including the nationwide suspension of X.

On August 28, X announced the immediate removal of its remaining staff in Brazil, citing concerns for the safety of its legal representative who had been threatened with arrest. However, the company reversed course in recent days, and on Thursday, X submitted documentation to the court stating it had complied with all the judge's rulings, seeking to resume operations in Brazil.

In a statement on Thursday, X said it remains “committed to protecting free speech within the boundaries of the law and we recognize and respect the sovereignty of the countries in which we operate.” The company added, "We believe that the people of Brazil having access to X is essential for a thriving democracy, and we will continue to defend freedom of expression and due process of law through legal processes.” — Agencies


September 28, 2024
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