Brazil Supreme Federal Court upholds nationwide suspension of X and imposes controversial fine News
Marcelo Camargo, CC BY 3.0 BR, via Wikimedia Commons
Brazil Supreme Federal Court upholds nationwide suspension of X and imposes controversial fine

The Supreme Federal Court (STF) of Brazil on Monday unanimously upheld the decision to suspend the platform “X,” formerly Twitter, across the country.

The suspension comes after X failed to comply with court directives requiring it to appoint a local legal representative and settle outstanding fines that have accumulated to over $3 million USD. The court’s ruling marks a significant escalation in the ongoing dispute between X and Brazilian authorities. The STF asserts that X Brazil had ample opportunity to comply with the court orders and pay the fines. The decision to suspend the platform was confirmed by a panel of five justices, including Justice Alexandre de Moraes, who originally issued the suspension order on August 30, 2024.

In his decision, De Moraes imposed a daily fine of R$50,000 (approximately $8,900 USD) on individuals and entities that would attempt to bypass the suspension using technological means such as virtual private networks (VPNs). This aspect of the ruling has faced criticism and calls for review, including from Brazil’s Bar Association (OAB), which has questioned the enforceability and legal grounds of the VPN fine.

Chief Justice Luis Fux reserved his decision with a caveat. Fux stressed that the suspension should not unfairly target individuals or entities not involved in the legal process, emphasizing that penalties should only apply to those misusing the platform to commit illegal acts. He further noted that since the current decision is provisional, it could be reviewed later. The  OAB had previously raised concerns about the fairness of imposing fines on all users accessing X via VPN, arguing that such penalties should only follow due legal process.

Despite these concerns, most of the panel supported De Moraes’ decision. Justice Flávio Dino reinforced the principle that while the judiciary allows for appeals, it does not permit the obstruction of court orders. “The economic power and the size of the bank account do not give birth to an absurd immunity of jurisdiction,” he asserted. Justice Cristiano Zanin also highlighted the seriousness of X’s repeated non-compliance, stressing that operating within Brazil necessitates adherence to the laws and the federal constitution.

The decision comes amid a broader feud between X and De Moraes, centered around issues of free speech, far-right accounts, and misinformation. X owner Elon Musk had previously criticized De Moraes, accusing him of overstepping constitutional boundaries and using the platform’s suspension to exert political control.

The suspension will remain in effect until X fulfills the court’s requirements and settles the fines.

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