This is a showdown between the richest man in the world and a Brazilian Supreme Court justice.
Judge Alexandre de Moraes has threatened to suspend social media giant X nationwide if its billionaire owner Elon Musk does not promptly comply with one of his orders.
Musk responded with insults, calling De Moraes a “tyrant” and a “dictator.”
It's the latest chapter in a months-long feud between the two sides over free speech, far-right accounts and misinformation, and many in Brazil are waiting to see whether either side will back down.
What is the basis for De Moraes' threat?
Earlier this month, X expelled his legal representative from Brazil after De Moraes threatened to arrest him.
On Wednesday night, at 8:07pm local time, De Moraes gave the platforms 24 hours to appoint new representatives or shut down until the order was met.
According to the Supreme Court's press office, Judge de Moraes' order was based on Brazilian law that requires foreign companies to have legal representation to operate in the country.
This ensures that someone is informed of the legal decision and is entitled to take any necessary steps.
Luca Belli, coordinator of the Technology and Society Center at the Getulio Vargas Foundation at the university in Rio de Janeiro, said X's refusal to appoint legal representatives would be particularly problematic ahead of Brazil's municipal elections in October, when a flurry of fake news is expected.
Takedown orders are common during election campaigns, and without someone to receive legal notice, it can be impossible to comply with them in a timely manner.
“Last week, up until 10 days ago, this problem didn't exist because we had an office here. Now there is nothing. Take the example of Telegram. They don't have an office here, but they have about 50 employees worldwide. But they have legal representation,” Berri, who is also a law professor at the university, told The Associated Press.
Does one judge really have that much power?
Any judge in Brazil has the power to enforce compliance with their rulings, and such measures can range from minor penalties like fines to more severe punishments like suspension, said Carlos Afonso Sousa, a lawyer and director of the Rio-based think tank Institute for Technology and Society.
A single judge in Brazil suspended Meta's WhatsApp, the country's most widely used messaging app, several times in 2015 and 2016 for the company's failure to comply with police requests for user data.
In 2022, De Moraes threatened to suspend the messaging app Telegram nationwide, claiming it had repeatedly ignored requests from Brazilian authorities to block profiles and provide information.
He ordered Telegram to appoint local representatives, and the company ultimately complied and remained online.
Afonso Sousa added that the individual judges' decisions to shut down platforms with such large numbers of users would likely be evaluated by the full Supreme Court at a later date.
How does De Moraes stop X?
De Moraes will first notify the country's telecommunications regulator, Anatel, which will then instruct carriers, including Musk's own internet service provider, Starlink, to suspend users' access to X.
According to Belli, this includes preventing the resolution (translating domain names into IP addresses) of X's websites and blocking access to the IP addresses of X's servers from within Brazilian territory.
Belli said that because carriers were aware of the widely publicized standoff and their obligation to follow de Moraes' orders, which would not be complicated to do, X could be taken offline in Brazil as early as 12 hours after receiving the instructions.
Because X is widely accessed via mobile phones, Afonso Sousa said de Moraes will likely tell major app stores in Brazil to stop offering X. He also plans to ban access through virtual private networks (VPNs) and impose fines on users who use VPNs to access X, a potentially highly controversial step, he added.
Has X been closed in other countries?
X and its predecessor Twitter are banned in many countries, mostly authoritarian regimes, including Russia, China, Iran, Myanmar, North Korea, Venezuela and Turkmenistan.
China banned X along with Facebook in 2009, back when it was still called Twitter. In Russia, authorities have stepped up their crackdown on dissent and free media after Russian President Vladimir Putin sent troops into Ukraine in February 2022.
They blocked several independent Russian-language media outlets critical of the Kremlin, and cut off access to Twitter, which later became X, and Meta's Facebook and Instagram accounts.
In 2009, Twitter became an essential communication tool in Iran after the government cracked down on traditional media following a disputed presidential election.
Tech-savvy Iranians used Twitter to organize protests, after which the government banned it along with Facebook.
Other countries, including Pakistan, Turkey and Egypt, have previously suspended X to quell dissent and unrest. In Egypt, Twitter was banned after the Arab Spring uprisings (sometimes called the “Twitter Revolution”), but was later reinstated.
Why is Brazil so important to Mr. X and Mr. Musk?
Brazil is a key market for X and other platforms: About 40 million people, or about a fifth of the country's population, access X at least once a month, according to market-research firm eMarketer. Mr. Musk, a self-described “free speech absolutist,” has drawn support from Brazil's right-wing political scene by arguing that Mr. de Moraes' actions amount to censorship.
He also said he wants his platform to be a “global forum” where information flows freely — a goal that will be made harder by losing the market in Brazil, the world's fourth-largest democracy.
Brazil is also a potentially huge growth market for Musk's satellite company, Starlink, given its vast territory and spotty internet service in remote areas.
Starlink announced on Twitter late Thursday afternoon that De Moraes had frozen the company's finances this week, preventing it from conducting any transactions in the country, where it has more than 250,000 customers.
“This order is based on an unfounded decision that Starlink should be held liable for fines unconstitutionally imposed against X. It was issued in secret and without affording Starlink any of the due process guaranteed by the Brazilian Constitution. We intend to resolve this matter legally,” Starlink said in a statement.
Musk responded to people who shared earlier reports about the freeze, adding his own insults aimed at De Moraes.
“This man, Alexandre, is the worst kind of criminal posing as a judge,” he wrote.
De Moraes' defenders say his actions were legal, supported by a majority of Supreme Court justices and that he was defending democracy at a time of crisis.
In April, De Moraes included Musk in an ongoing investigation into the spread of fake news and launched a separate investigation into alleged obstruction of justice against the executive.
Will X appoint a new legal representative in Brazil?
X said in a statement on Thursday that it expects its services in Brazil to be suspended.
“Unlike other social media and technology platforms, we do not secretly comply with unlawful orders,” the company said. “To our users in Brazil and around the world, X remains committed to defending freedom of speech.”
He also said Justice de Moraes' colleagues on the Supreme Court “are unwilling or unable to stand up to him.”
