Dr Tariq Choucair, QUT Digital Media Research Centre
The ban came into effect over the weekend. It followed a long-running battle between Elon Musk, the owner of X, and Brazil’s Supreme Court Justice Alexandre de Moraes who had previously ordered the social media platform to block far-right users.
The ban has outraged Musk. In the wake of it, he has claimed de Moraes is a “fake judge” and that the “the oppressive regime in Brazil is so afraid of the people learning the truth that they will bankrupt anyone who tries”.
Personal attacks aside, the ban shows Brazilian authorities are no longer willing to tolerate tech giants flouting the nation’s laws. Will other countries follow suit?
Why did Brazil ban X?
Brazil did not ban X out of the blue.
From 2020 to 2023, the Supreme Court in Brazil initiated three key criminal inquiries related to social media platforms.
The first inquiry investigated fraudulent news. The second investigated organised groups that manipulate discourse and engagement on digital platforms (known as “milícias digitais”). The third investigated individuals and groups involved in an attack on Brazil’s Congress in 2023, following the defeat of former president Jair Bolsonaro in the 2022 general election.
Then, in April this year, de Moraes ordered Musk to shut down several far right accounts which had spread misinformation and disinformation about Bolsonaro’s 2022 defeat.
This was not the first time X had received an order such as this.
For example, in January 2023, following the Congress attack, the Brazilian Supreme Court also ordered X and other social media platforms to block some accounts. Musk showed concern, but his platform ended up agreeing to the order.
However, this time Musk refused and subsequently removed X’s legal representative in Brazil. This was a significant development, as Brazilian law requires foreign companies to have legal representation in the country.
De Moraes gave Musk a deadline to appoint a new representative. The tech billionaire did not meet it, which was what triggered the ban of X.
Simultaneously, de Moraes also blocked the financial accounts of Musk’s internet satellite service, Starlink.
The ban on X will continue until Musk complies with all related court orders, including nominating a legal representative in Brazil and paying fines amounting to A$4.85 million.
What will happen now in Brazil?
Before the ban, there were nearly 22 million X users in Brazil.
Anyone who tries to use software to access the platform now faces fines of up to A$13,000 per day.
Since the ban, many former X users have migrated to other social media platforms. For example, more than 500,000 people joined the microblogging platform Bluesky, which said Brazil was now setting “all-time-highs” for activity.
The ban is part of a broader fight against social media platforms operating in Brazil. De Moraes has been a leader in this fight. For example, in an interview earlier this year, he said.
The Brazilian people know that freedom of speech is not freedom of aggression. They know that the freedom of speech is not the freedom to spread hate, racism, misogyny and homophobia.
But far-right groups and Bolsonaro supporters disagree. They have been very vocal in their opposition to the ban – and the supreme court more generally. It is likely the ban will inflame existing social tensions.
In line with Brazilian law, other supreme court judges are now assessing the ban. They may decide to uphold the ban, but overturn the financial penalties for people in the country trying to access X. It’s also possible the other judges will overturn the ban itself.
Will other countries follow suit?
In social media posts since the ban, Musk has claimed other countries, including the United States, will follow Brazil and ban his social media platform.
There is no evidence to support this claim, and the ban in Brazil doesn’t apply anywhere else in the world.
However, it does add to a growing mood internationally that giant social media companies can be restricted and are not above national laws or any other power.
For example, last week French police arrested Pavel Durov, the founder of Telegram, for facilitating crimes committed on the direct messaging platform.
Other countries with an interest in tightening regulation of social media platforms, such as Australia, will surely be closely watching how both of these cases unfold.
This article is republished from The Conversation under a Creative Commons license. Read the original article.
