X (ex-Twitter) blocked in Brazil: understand the case and what can happen

OX (formerly Twitter) remains offline in the country. Major carriers have taken down the social network, but earlier this week, users of Starlink, Elon Musk’s internet provider, were still able to use the platform. At risk of losing its license from the National Telephony Agency (Anatel), Starlink said it will follow the court order.

The first panel of the Brazilian Supreme Court (STF) unanimously agreed to keep X out of the country. The panel also approved the establishment of a daily fine for those who attempt to access the social network via a virtual private network (VPN). The Partido Novo party filed an appeal to try to overturn the decision of Minister Alexandre de Moraes.

OX has been offline in Brazil since early Saturday morning. The company, which has more than 20 million users in the country, does not have a legal representative to answer for the protection of Brazilians who use it. The Internet Civil Rights Framework requires that digital providers be held liable for damages resulting from content generated on networks.

OX has not had a legal representative since mid-August, when Elon Musk closed the company’s offices in the country. Since April, Musk has also failed to comply with court orders by failing to block profiles identified as disseminating hate speech, in addition to failing to pay fines imposed for non-compliance with the orders.

According to Supreme Court Justice Flávio Dino, national sovereignty is above social media. Dino argued that a company cannot impose its view on “which rules should be valid or applied” in the country. “Economic power and the size of a bank account do not give rise to an outlandish immunity from jurisdiction,” he stated.

Legal experts explain that a unanimous vote makes it more difficult for the decision to be reversed, since even the minister who receives the lawsuit from the New Party will have to garner more votes than the five from the first group.

NEW ACTION AGAINST SUSPENSION

Supreme Court Justice Nunes Marques was chosen as the rapporteur for the Novo Party’s lawsuit to suspend the blocking of X in Brazil. Novo argues that Moraes’ decision constitutes censorship and jeopardizes freedom of expression. Nunes will analyze the request for an injunction that requires X to return to the air, arguing that the social network is essential in “people’s daily lives.”

The minister is not part of the first panel of the STF (which unanimously endorsed Moraes’ decision) and has not yet voted. The rapporteur can forward an individual decision on the matter and take the case to the plenary, to gather votes from the other ministers.

In the action, Novo argues that “the provision for a daily fine of R$50,000 is presented much more as a measure of intimidation aimed at Brazilian citizens (…) than as an executive measure to force those executed to comply with the court decision”.

VPN AND PRESSURE

The decision authorized by the STF banned the use of VPN services with the intention of “defrauding the judicial decision” and continuing to use X. Anyone who accesses the social network using “technological subterfuge” is liable to pay a daily fine of R$50,000. But not all Brazilians are without access to X.

Musk’s internet provider informed the public, via a post on X, that it will comply with the STF’s order. According to the publication, the company has been in talks with the STF since the freezing of accounts in Brazil. And, although it believes that “Alexandre de Moraes’ recent orders violate the country’s Constitution”, Starlink wants to follow “legal channels”.

International artists and pop artist fandoms complained about the absence of Brazilians on X.

Last week, Starlink’s accounts were frozen to ensure payment of the social network’s fines. In response to the decision, Elon Musk threatened “retaliation.”

According to the Lupa Agency, There has been an increase in paid Starlink ads in Brazil in recent days. Users who are able to access the platform have come across a new profile, Alexandre Files, who is posting alleged documents that the STF would have forwarded to X. The documents show requests for the profiles to be taken down.

BLUESKY, THREADS AND DISCORD?

International artists and pop artist fandoms complained over the weekend about the lack of Brazilians on the platform. Singer Cardi B pointed out on her X profile that “most of my fan pages are from Brazil”.

Here, Brazilians were divided: some went to Threads, a text-based social networking app from Meta that is connected to Instagram. Others went to BlueSky, a microblog created by one of Twitter’s founders, Jack Dorsey (who is no longer with the company).

In less than four days, BlueSky has gone from 500,000 to two million active users. Some posts on BlueSky’s official page joke that the network is “now officially Brazilian.”

Although they have similar designs, BlueSky is a decentralized, open-source social network. People outside the company can observe how the algorithm is built and how it is developing. Users can choose to leave the network, taking their contacts and data with them. It is a social network proposal closer to what Twitter was in its early days.

ELECTIONS 2024

X is already banned in authoritarian regimes such as Russia, Iran, Myanmar, North Korea, Venezuela and Turkmenistan. In Brazil, however, the discussion is about democratic power.

Elon Musk’s refusal to appoint a legal representative would be particularly problematic ahead of the October municipal elections. During this period, requests for content to be taken down are at their most intense, due to the activities of the Superior Electoral Court (TSE). Without a representative, X cannot respond in time and cannot ensure that electoral rules are respected on the platform.

In less than four days, BlueSky went from 500,000 to two million active users.

According to Minister Alexandre de Moraes, the fact that Musk’s social network operates in Brazil within these parameters represents a “very serious risk” to the electoral process.

Twitter’s attempt to place itself outside Brazilian law, on the eve of the 2024 municipal elections, demonstrates its clear intention to maintain and allow the instrumentalization of social networks, with the massive dissemination of misinformation and with the possibility of the harmful and illicit use of technology and artificial intelligence to clandestinely direct the will of the electorate, putting democracy at risk”, stated Moraes in his vote.

CONTEMPT AND APPEAL

OX called the ban in Brazil censorship, both on its official channels and through Elon Musk. The businessman’s combative stance against the Brazilian judiciary contrasts with the way he has dealt with court orders from countries like Turkey and India. The fact was recalled by Dino and Moraes.

Minister Cármen Lúcia, during the plenary session of the first yurma of the STF, highlighted in her vote that the Judiciary is a system of bodies arising from national sovereignty and, therefore, its decision must be “accepted, respected and legitimized”.

She reiterated that court orders must be questioned in accordance with procedural legislation, “not according to the moods and willfulness of anyone, national or foreign”.

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