Blocking of Twitter in Brazil

Last updated

Blocking of Twitter in Brazil
Part of Censorship of Twitter
Ministro Alexandre de Moraes como presidente do TSE.jpg
Elon Musk Brazil 2022.png
Alexandre de Moraes (left), who initiated the blocking, and Elon Musk (right), owner of Twitter
Date30 August 2024 - 8 October 2024 (1 month, 1 week and 1 day)
Caused by
  • Reinstatement of X accounts associated with the 2023 Brazilian Congress attack blocked by court order
  • Refusal by X to name a legal representative in Brazil
MethodsSupreme Federal Court

X Corp.

Resulted in
  • Compliance by X Corp. with the Supreme Federal Court's orders
  • Lifting of block in Brazil
Parties
Lead figures
Casualties
Fined X Corp.: $5.2 million

From 30 August 2024 to 8 October 2024, Brazil's Supreme Federal Court judge Alexandre de Moraes imposed a block of X in Brazil. This occurred after the social network's chairman Elon Musk refused to appoint a legal representative in the country, which led Moraes to freeze Starlink's financial assets and impose fines for non-compliance. X began to be suspended at the start of the following day.

Contents

The decision followed an investigation by the Brazilian Supreme Court into Musk due to X reinstating accounts that were suspended under the terms of a court order. The Court reportedly ordered the removal of far-right accounts associated with the 2023 Brazilian Congress attack in Brasília. The investigation began in April 2024, after Musk stated that he would reinstate the accounts. After the platform settled $5.2 million in fines, appointed a legal representative in Brazil and complied with orders to deactivate accounts, the block was lifted on 8 October 2024. [1]

Background

Musk recognizes that the various countries in which X operates have different laws with respect to freedom of speech. On 26 April 2022, Musk tweeted "By 'free speech,' I simply mean that which matches the law." [2] In June 2023, he said that "X doesn't have a choice but to obey local governments. If we don't obey local government law, then we will get shut down. The best we can do is really to hew close to the law in any given country, but it's impossible for us to do more than that or we will be blocked and our people will be arrested." [3] [4]

Brazil enacted an Internet Bill of Rights in 2014. Among other things, the law says that platforms are not legally responsible for user-generated content unless a court orders them to remove the content and the platform refuses. [5] [6] In the lead-up to the 2023 Brazilian Congress attack, election misinformation circulated on a variety of social media platforms, and people used social media to help plan the attack. [7] [8] After the attack, Moraes ordered several social media platforms, including X, to block specific accounts that had been involved in the planning, stating that the companies would be fined if they failed to comply. [9] [10] [11] The orders were initially sealed before they were disclosed by a committee of the US Congress. [12] [13]

In April 2023, Brazil's Ministry of Justice and Public Security requested X to remove five hundred accounts and posts encouraging school violence. The platform did not comply with the request until an executive decree was issued, threatening fines and a potential ban. [14] In April 2024, American journalist Michael Shellenberger publicly criticized judge Alexandre de Moraes in what he called the "X Files Brazil". [15] Shellenberger shared emails from a former X executive criticizing requests from the Brazilian judiciary for data from users of the platform, which would go against the social network's policy. [16]

Supreme Federal Court investigation

On 6 April 2024, X Corp. stated that it had received a court order by Alexandre de Moraes to suspend several accounts. [17] Elon Musk wrote that he would defy the ruling several hours later and also suggested that users could get around the block by using a virtual private network. [18] [19] [20] In response, Moraes said that he was opening an investigation into Musk, which the Associated Press described as focused on "the dissemination of defamatory fake news and ... obstruction, incitement and criminal organization." [11] [19] [21]

On 17 August 2024, after Moraes threatened to arrest its legal representative, X Corp. announced that it was closing its office in the country and recalled its staff. [22] [23] [24] On 28 August, Moraes gave X a 24 hour deadline to appoint a new legal representative or face suspension. [25] The deadline passed without a new representative being named. [26]

Brazil's Supreme Court suspended the social network in the country after Musk did not meet legal obligations during a crackdown on disinformation. The tension grew as Musk refused to block accounts tied to former president Jair Bolsonaro. Musk responded by accusing Moraes of undermining democracy. [27] On 21 September 2024, Moraes stated in a decision that X had still not fully complied with requirements to lift its suspension and gave it five days to submit additional documents. [28]

Blocking

Decision of the Supreme Federal Court regarding the suspension of X in Brazil Suspensao-X-Brasil-v2.pdf
Decision of the Supreme Federal Court regarding the suspension of X in Brazil

On 30 August 2024, Alexandre de Moraes ordered internet service providers to block access to X, instaured a daily fine of fifty thousand reals (US$9,104) for users who bypass the ban through virtual private networks (VPNs), and froze Starlink's finances in Brazil. [29] To enforce the suspension order against X, Moraes directed Brazil's National Telecommunications Agency (ANATEL) to take action. The order will remain in force until the platform complies with the decisions of the Supreme Federal Court, pays fines totaling R$18.3 million (US$3.33 million), and appoints a representative in Brazil, [30] a requirement grounded in the country's law. [31] Moraes had also instructed Apple and Google to remove X and VPN applications from their virtual stores, but mitigated that decision on the same day, instead directing the withdrawal of VPN apps in virtual stores until there is a manifestation of X in the records of the apps. citing concerns about potential "unnecessary" disruptions. [32]

In the order, Moraes described Musk as an "outlaw" who would "allow the massive spread of disinformation, hate speech and attacks on the democratic rule of law, violating the free choice of the electorate, by keeping voters away from real and accurate information." [29] X began to be suspended at approximately 12:10 a.m. (UTC−03:00) on 31 August. [33] On 1 September, Starlink told ANATEL that it would not obey the order to block X until its assets were unfrozen, but it reversed course two days later, saying that it would comply. [34] [35] On 2 September, a five-judge panel of the Supreme Court affirmed the ban. [36]

On September 13, Moraes unfroze Starlink's finances after the Brazilian government took R$18.35 million (US$3.34 million) from X and Starlink to cover the fines owed; however, X remained blocked at the time. [37] [38] On 18 September 2024, X evaded the block by rerouting its traffic through Cloudflare for requests originating from Brazil. X said the restoration of service was an "inadvertent and temporary" side-effect of switching network providers, and that the change was made because the block ordered in Brazil affected its internet infrastructure that allowed it to provide service to the rest of Latin America, according to the company. [39] By September 19 Cloudflare had reportedly agreed to isolate X traffic, enabling Brazilian internet service providers to resume blocking traffic. [40] [41] On September 23, Cloudflare CEO Matthew Prince stated that Cloudflare neither helped X evade the block in Brazil nor assisted the country's regulators as they sought to restore the block. [42] Moraes fined X five million reals (US$910,400) for violating the suspension. [43]

Reactions

X and Elon Musk

Reacting to the decision, Musk wrote on his X account: "Free speech is the bedrock of democracy and an unelected pseudo-judge in Brazil is destroying it for political purposes." [44] Shortly after its suspension, X created the "@AlexandreFiles" account, purportedly in order to shed "a light on the abuses of Brazilian law committed by Alexandre de Moraes". [45] The account began posting sealed orders from Moraes on 31 August. [36] The orders have not been redacted, and have revealed private information including full names and Social Security numbers. [46] Musk retweeted calls for protest and for Moraes' impeachment. [47] He also suggested that the U.S. government intervene, confiscating Brazilian assets and halting foreign aid. [46]

Government officials

In an interview on 30 August, Brazilian president Luiz Inácio Lula da Silva emphasized that Elon Musk should respect the decisions of the Supreme Federal Court, criticizing him for allegedly offending local authorities. Lula da Silva stated that Brazilian society does not have an "inferiority complex". [48] He later said that the world could learn from Brazil's example, and it's not "obliged to put up with Musk's far-right free-for-all just because he is rich." [47] [49] According to journalist Andréia Sadi  [ pt ], behind the scenes at the Supreme Federal Court, the judges assessed that the decision was severe but necessary, as Musk was believed to have intentionally escalated the situation. Sadi reported that there was a consensus between judges that, despite this, Moraes would have committed excesses by blocking the Starlink accounts, which could potentially tarnish the image of the Brazilian judiciary. [50]

Members of the National Congress of Brazil expressed varied opinions about the decision. Right-wing Nikolas Ferreira, a member of the Chamber of Deputies, stated: "Tirants[ sic ] want to turn Brazil into another commie dictatorship but we won't back down. I repeat: do not vote on those who don't respect free speech. Orwell was right". Right-wing congresswoman Bia Kicis stated that "the consequences of Alexandre de Moraes' attacks on Elon Musk, X and Starlink will be regrettable for Brazilians". She also urged Rodrigo Pacheco, the President of the Federal Senate, to act. Congressman Marcel van Hattem wrote on X: "I am tweeting this with VPN." [51] [52] On the other hand, left-wing deputy Erika Hilton wrote, "If billionaires want to have companies that make billions in these parts, they need to learn to respect the laws. Long live the rule of law and national sovereignty." [51] The decision to block Starlink's financial assets in the country was criticized by Arthur Lira, the President of the Chamber of Deputies, at an event for investors promoted by XP Inc. [53] In the United States, Wisconsin politician John Macco called for the relocation of the National Football League's game in São Paulo on 6 September (which featured the Green Bay Packers) to the United States, citing the blocking of X as one of his reasons. [54]

Civil society

Beto Simonetti, the president of the Brazilian Bar Association, announced that the association would request the Supreme Court to review the section of the decision imposing a fine for VPN users, calling it a breach of due process. [55] The classical liberal New Party announced that it would challenge the ban in court. [56] The social network Bluesky, which was founded as a competitor to X, gained over one million new Brazilian users between 30 and 31 August. [57] On 7 September, thousands protested against the ban in São Paulo. [58] [59]

Media

The decision received widespread international attention. The New York Times described the situation as the most significant test so far for Musk's efforts to turn the social network into a platform where almost anything is possible. The Associated Press highlighted that the measure intensified the ongoing conflict between Musk and Moraes over freedom of speech, far-right accounts, and disinformation. The Washington Post noted that the action followed Musk's refusal to appoint a legal representative in Brazil. Meanwhile, El País stated that Moraes' decision represented a stringent public sanction concerning the limits of free speech and efforts to combat disinformation. [60] American journalist Glenn Greenwald questioned the legal basis of Moraes' actions, suggesting that the judge was effectively creating new laws without the oversight of Brazil's Congress. [61]

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References

  1. ↑ "Brazil's Supreme Court lifts ban on social media site X". CBS News. 8 October 2024. Retrieved 8 October 2024.
  2. ↑ Rosen, Jeffrey (2 May 2022). "Elon Musk Is Right That Twitter Should Follow the First Amendment". The Atlantic . Archived from the original on 1 September 2024. Retrieved 1 September 2024.
  3. ↑ "Twitter can either follow local laws or risk being shut down: Elon Musk after meeting Modi". Deccan Herald . 1 June 2023. Archived from the original on 1 September 2024. Retrieved 1 September 2024.
  4. ↑ Mehrotra, Karishma; Menn, Joseph (9 November 2023). "How India tamed Twitter and set a global standard for online censorship". The Washington Post . Archived from the original on 5 June 2024. Retrieved 1 September 2024.
  5. ↑ Mendonça, Yasmin Curzi de (9 September 2024). "Elon Musk's feud with Brazilian judge is much more than a personal spat − it's about national sovereignty, freedom of speech and the rule of law". The Conversation. Retrieved 10 September 2024.
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  7. ↑ Chappell, Bill; Bond, Shannon; Olmos, Sergio (10 January 2023). "The attack on Brazil's Congress was stoked by social media — and by Trump allies". NPR . Archived from the original on 31 August 2024. Retrieved 1 September 2024.
  8. ↑ Dwoskin, Elizabeth (10 January 2023). "Come to the 'war cry party': How social media helped drive mayhem in Brazil". The Washington Post . ISSN   0190-8286. Archived from the original on 9 January 2023. Retrieved 1 September 2024.
  9. ↑ Savarese, Mauricio; Goodman, Joshua (25 January 2023). "Crusading judge tests boundaries of free speech in Brazil". Associated Press . Archived from the original on 1 September 2024. Retrieved 1 September 2024.
  10. ↑ Pagliarini, Andre (18 January 2023). "Brazil's Post-Riot Social Media Restrictions Aren't Worth a Free Speech Freakout". The New Republic . ISSN   0028-6583. Archived from the original on 1 September 2024. Retrieved 1 September 2024.
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  20. ↑ Masih, Niha; Paúl, María Luisa (8 April 2024). "Elon Musk challenges Brazilian judge over order to block X accounts". The Washington Post . Archived from the original on 17 August 2024. Retrieved 1 September 2024.
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  22. ↑ Wells, Ione; Rhoden-Paul, Andre (17 August 2024). "X suspends business in Brazil over censorship row". BBC News . Archived from the original on 1 September 2024. Retrieved 1 September 2024.
  23. ↑ "Moraes ameaçou prender representante do X após intimar ex-diretor" [Moraes threatened to arrest X representative after subpoenaing former director]. Poder360 (in Brazilian Portuguese). 21 August 2024. Archived from the original on 31 August 2024. Retrieved 1 September 2024.
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  25. ↑ Biller, David (28 August 2024). "Brazil top court threatens to suspend X operations in latest twist of ongoing feud". AP News. Archived from the original on 1 September 2024. Retrieved 10 September 2024.
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  27. ↑ "Brazil blocks social media platform X after Supreme Court ruling on disinformation". France 24 . Agence France-Presse. 31 August 2024. Retrieved 1 September 2024.
  28. ↑ "Musk's X platform takes first step toward lifting Brazil ban". France 24. 21 September 2024. Retrieved 22 September 2024.
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  35. ↑ Sa Pessoa, Gabriela; Biller, David (3 September 2024). "Musk's Starlink backtracks and will comply with judge's order to block X in Brazil". AP News. Archived from the original on 4 September 2024. Retrieved 3 September 2024.
  36. 1 2 Nicas, Jack (2 September 2024). "Brazilian Supreme Court Panel Upholds Order to Block Elon Musk's X". The New York Times . ISSN   0362-4331. Archived from the original on 3 September 2024. Retrieved 3 September 2024.
  37. ↑ "Brazil top court lifts Starlink, X bank account freeze after $3 mln transfer". Reuters. 13 September 2024. Retrieved 13 September 2024.
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  39. ↑ "Elon Musk's X circumvents official block in Brazil but says move was 'inadvertent'". The Guardian. 18 September 2024. ISSN   0261-3077 . Retrieved 25 September 2024.
  40. ↑ "Cloudflare helps Brazil block Elon Musk's X after platform briefly evaded ban". Ars Technica. 19 September 2024. Retrieved 22 September 2024.
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  45. ↑ Martins, Luísa (31 August 2024). "X cria perfil dedicado a divulgar decisões sigilosas de Moraes" [X creates a profile dedicated to disclosing confidential decisions by Moraes]. CNN Brasil (in Brazilian Portuguese). Archived from the original on 1 September 2024. Retrieved 1 September 2024.
  46. 1 2 Tenbarge, Kat (5 September 2024). "Elon Musk uses X to push his own story about the platform's suspension in Brazil". NBC News. Archived from the original on 6 September 2024. Retrieved 5 September 2024.
  47. 1 2 Phillips, Tom (3 September 2024). "Lula says Elon Musk's wealth does not mean world must accept his 'far-right free-for-all'". The Guardian . ISSN   0261-3077. Archived from the original on 3 September 2024. Retrieved 3 September 2024.
  48. ↑ Boechat, Gabriela; Souza, Renata (30 August 2024). "Lula: Musk tem que respeitar decisão do STF e não pode ficar ofendendo autoridades" [Lula: Musk must respect the STF's decision and cannot continue to offend authorities]. CNN Brasil (in Brazilian Portuguese). Archived from the original on 30 August 2024. Retrieved 31 August 2024.
  49. ↑ Pringle, Eleanor (3 September 2024). "Brazil's president says Elon Musk's wealth doesn't mean world has to accept his 'far-right ideology'". Fortune . Archived from the original on 3 September 2024. Retrieved 3 September 2024.
  50. ↑ Sadi, Andréia (31 August 2024). "Ministros do STF defendem que Moraes submeta decisão que suspendeu X à análise da Corte" [STF ministers argue that Moraes should submit the decision that suspended X to the Court's analysis]. g1 (in Portuguese). Archived from the original on 1 September 2024. Retrieved 1 September 2024.
  51. 1 2 Phillips, Tom (31 August 2024). "X goes offline in Brazil after Elon Musk's refusal to comply with local laws". The Guardian . ISSN   0261-3077. Archived from the original on 3 September 2024. Retrieved 1 September 2024.
  52. ↑ Nicas, Jack; Conger, Kate. "With X Blocked, Brazilians Find New Homes for Their Thoughts". The New York Times . Archived from the original on 1 September 2024. Retrieved 1 September 2024.
  53. ↑ Marques, Hugo (31 August 2024). "Arthur Lira critica decisões do ministro Alexandre de Moraes sobre a Starlink" [Arthur Lira criticizes Minister Alexandre de Moraes' decisions on Starlink]. Veja (in Brazilian Portuguese). Archived from the original on 1 September 2024. Retrieved 1 September 2024.
  54. ↑ "Wisconsin lawmaker calls for NFL to 'reconsider' Brazil game". WSAW-TV . 3 September 2024. Archived from the original on 9 September 2024. Retrieved 11 September 2024.
  55. ↑ "OAB vai ao STF por revisão ou esclarecimento de multa fora do devido processo para quem usar VPN" [OAB goes to the STF for review or clarification of fine outside due process for those who use VPN]. Conselho Federal da OAB (in Brazilian Portuguese). 30 August 2024. Retrieved 1 September 2024.
  56. ↑ Novaes Magalhaes, Luciana; Brito, Ricardo (5 September 2024). "Brazil Justice Marques says full Supreme Court should decide on conservative challenge to X ban". Reuters. Retrieved 5 September 2024.
  57. ↑ Lemos, Vinícius (31 August 2024). "A rede social que conseguiu um milhão de usuários e bateu recordes de interações após bloqueio do X no Brasil" [The social network that gained one million users and broke interaction records after X was blocked in Brazil]. BBC News Brasil (in Portuguese). Archived from the original on 1 September 2024. Retrieved 31 August 2024.
  58. ↑ Hughes, Eleonore; Sa Pessoa, Gabriela (7 September 2024). "Brazil's X ban drives outraged Bolsonaro supporters to rally for 'free speech'". AP News. Retrieved 7 September 2024.
  59. ↑ Pooler, Michael (7 September 2024). "Brazilians rally to protest supreme court judge's decision to ban X". Financial Times. Retrieved 8 September 2024.
  60. ↑ "Bloqueio do X é 'maior teste até agora' para Musk, diz NYT; veja repercussão na mídia internacional" [X-blockade is 'biggest test yet' for Musk, says NYT; see repercussion in international media]. BBC News Brasil (in Portuguese). 30 August 2024. Archived from the original on 1 September 2024. Retrieved 31 August 2024.
  61. ↑ "Musk vs. Moraes: Brazilian Judge Orders X Suspended Amid Legal Standoff". AskStraight. 31 August 2024. Archived from the original on 30 August 2024. Retrieved 31 August 2024.
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