It’s a showdown between the world’s richest man and a Brazilian Supreme Court justice.
The justice, Alexandre de Moraes, has threatened to suspend social media giant X nationwide if its billionaire owner Elon Musk doesn’t swiftly comply with one of his orders. Musk has responded with insults, including calling de Moraes a “tyrant” and “a dictator.”
It is the latest chapter in the monthslong feud between the two men over free speech, far-right accounts and misinformation. Many in Brazil are waiting and watching to see if either man will blink.
What is the basis for de Moraes’ threat?
Earlier this month, X removed its legal representative from Brazil on the grounds that de Moraes had threatened her with arrest. On Wednesday night at 8:07 p.m. local time (7:07 p.m. Eastern Standard Time), de Moraes gave the platform 24 hours to appoint a new representative, or face a shutdown until his order is met.
De Moraes’ order is based on Brazilian law requiring foreign companies to have legal representation to operate in the country, according to the Supreme Court’s press office. This ensures someone can be notified of legal decisions and is qualified to take any requisite action.
X’s refusal to appoint a legal representative would be particularly problematic ahead of Brazil’s October municipal elections, with a churn of fake news expected, said Luca Belli, coordinator of the Technology and Society Center at the Getulio Vargas Foundation, a university in Rio de Janeiro. Takedown orders are common during campaigns, and not having someone to receive legal notices would make timely compliance impossible.
De Moraes would first notify the nation’s telecommunications regulator, Anatel, who would then instruct operators — including Musk’s own Starlink internet service provider — to suspend users’ access to X. That includes preventing the resolution of X’s website — the term for conversion of a domain name to an IP address — and blocking access to the IP address of X’s servers from inside Brazilian territory, according to Belli.
Given that operators are aware of the widely publicized standoff and their obligation to comply with an order from de Moraes, plus the fact doing so isn’t complicated, X could be offline in Brazil as early as 12 hours after receiving their instructions, Belli said.
Since X is widely accessed via mobile phones, de Moraes is also likely to notify major app stores to stop offering X in Brazil, said Affonso Souza. Another possible — but highly controversial — step would be prohibiting access with virtual private networks ( VPNs) and imposing fines on those who use them to access X, he added.
