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Brazil’s Supreme Court is facing backlash over its decision to ban Elon Musk’s X and fine users who access the social media platform using virtual private networks, amid growing concerns that the high court has gone too far in its fight against fake news and online misinformation.
On Saturday, regulators blocked access to X across Latin America’s largest country on orders from Supreme Court judge Alexandre de Moraes, who also ruled that users who access the site using a VPN will face daily fines of around $8,000.
The orders came after X failed to comply with a deadline to appoint a legal representative for the company in Brazil — a requirement under the country’s civil code. Earlier last month, the company closed its offices in Brazil, one of its biggest markets, amid an escalating feud between Musk and Moraes.
Musk has repeatedly and publicly criticized the judge for what he sees as censorship in his requests to delete or suspend accounts that appear to be linked to far-right individuals and groups. Moraes, meanwhile, has framed his decisions as an effort to protect Brazil’s democracy.
However, his decision to ban the platform on Friday has drawn mixed reviews, with some calling it an act of authoritarianism and an infringement on free speech, but others calling it an important statement of national sovereignty in the face of Musk’s confrontation.
“I object to what happened. I think it is very bad for Brazil when you mix the judiciary, in such a mandatory way, with the day-to-day running of companies,” Luciano Huck, a prominent television personality and public commentator, said at a public event after the ban was announced on Friday.
Even more controversial is Moraes’ decision to penalize users who access X using methods like VPNs.
Right-wing politicians and some experts have condemned the order as legally dubious and overly punitive, since the vast majority of Brazil’s 20 million X users use the platform in a non-controversial manner.
“The application of daily fines to individuals and legal entities in a broad and generalized manner is a serious affront to the fundamental rights enshrined in the constitution,” according to a note from the Brazilian Bar Association to the Supreme Court, published on Saturday, asking the court to reconsider the ruling.
“The imposition of a fine constitutes a punitive measure and must therefore always be supported by a legal process that guarantees the individual the right to full protection,” the agency said.
Posting on X using a VPN shortly after the ban was implemented, Marcel van Hattem, a federal lawmaker from the right-wing Novo party, called Moraes a “tyrant” and said his ruling was “illegal.”
“My dignity is worth much more [the fine]“I will continue to tweet despite state repression or threats because I believe in freedom of speech, democracy and true justice,” he said on Saturday.
Luca Belli, a professor at the Getulio Vargas Foundation law school in Rio de Janeiro, said the fine “may sound disproportionate but there is a logic behind it.”
“The problem is [Moraes] “We’re concerned that if anyone can use VPNs, there will be thousands of Elon Musk fans using them to brag that the X ban is useless,” Belli told the Financial Times, adding that the judge had reversed a previous order that completely banned VPN downloads from the Google and Apple stores.
Moraes’ decision to freeze the accounts of Starlink, Musk’s satellite network, has also raised concerns. The Supreme Court declined to comment on the order, but local media reported that it was intended to collect a fine from X.
Arthur Lira, the powerful speaker of the lower house of parliament, said at an event on Saturday that the move “causes us concern”.
“This is not [just] My concern, but also that of investors and many people doing business in Brazil, is the concern related to legal uncertainty,” he said.
Bill Ackman, a famous American hedge fund manager, speak on the platform:“Brazil’s illegal shutdown of X and freeze of Starlink accounts has put Brazil on a fast track to becoming an uninvestable market.”
A Genial/Quaest poll in May found that 56 percent of Brazilians felt Moraes was “overstepping the mark.” About 27 percent disagreed with that statement.
While offering rhetorical support for Moraes, the entire supreme court bench seemed aware of the controversy surrounding the judge and his recent decisions.
In an interview with local media on Sunday, court president Luís Roberto Barroso said he believed the court’s five-year investigation into the spread of fake news on social media would soon conclude.
Additional reporting by Tamires Vitorio in São Paulo
