Brazil’s Supreme Court upholds X ban – despite Elon Musk backlash

Brazil’s Supreme Court has unanimously upheld a decision to block Elon Musk’s social media platform X.

The move undermines the billionaire businessman’s claims the original judge who banned the platform “violated the constitution of Brazil repeatedly and egregiously, after swearing an oath to protect it”.

The tech tycoon posted a series of messages on X casting the judge as an authoritarian rebel who acted unconstitutionally and wanted to politically censor the Brazilian people.

Now that judge, Justice Alexandre de Moraes, has the support of the Supreme Court.

The panel that voted in a virtual session comprised of five of the full bench’s 11 justices, including Justice de Moraes.

Last Friday, he ordered the platform to be blocked for refusing to name a local legal representative, as required by law.

It will stay suspended until it complies with his orders and pays outstanding fines that as of last week exceeded £2.3m, according to his decision.

X clashed with Justice de Moraes over its reluctance to block users. It alleged the judge wanted an in-country legal representative so that Brazilian authorities can exert leverage over the company by having someone to arrest.

Justice de Moraes also set a daily fine of 50,000 reais (£6,785) for people or companies using virtual private networks, or VPNs, to access X.

Some legal experts questioned the grounds for that decision and how it would be enforced, including Brazil’s bar association, which said it would request the Supreme Court review that provision.

But the majority of the panel upheld the VPN fine, with one justice opposing unless users are shown to be using X to commit crimes.

The ban also sets up a showdown between Justice de Moraes and Musk’s satellite internet provider Starlink, which is refusing to enforce the justice’s decision.