The social media platform X, previously known as Twitter, is facing a substantial fine of ten million Brazilian reais (approximately $1.84 million) imposed by the Supreme Federal Tribunal (STF) of Brazil. This development was announced by STF Minister Alexandre de Moraes over the weekend and comes after a significant escalation in tensions between the platform and Brazilian authorities. The fine follows a month-long suspension of X in Brazil, which was enacted by de Moraes in response to the platform’s refusal to conform to various censorship orders targeting specific users and its failure to appoint a legal representative within the country.
After a period of public resistance to the Brazilian government’s demands, X recently shifted its stance, agreeing to adhere to the court orders and reinstating Rachel de Oliveira Villa as its legal representative in Brazil. This change in approach came after the platform faced a ban due to its noncompliance. Following the reinstatement request submitted to de Moraes, the STF confirmed that X had met the requirements for reinstatement, specifically those pertaining to profile blocking and legal representation. However, the tribunal set the payment of the imposed fine as a prerequisite for the platform’s return to operations in Brazil.
The ten million reais fine was linked to a two-day period during which users were still able to access X in Brazil despite the suspension in September. X described this breach as an “inadvertent and temporary” issue caused by a transition between network providers in the region. Additionally, the court issued a secondary fine against the platform’s legal representative, Rachel de Oliveira Villa, amounting to 300,000 Brazilian reais (around $55,284), which was a result of accumulated daily penalties imposed during the platform’s earlier defiance of court orders.
In the ruling, the STF stated that even though X had demonstrated compliance by blocking particular profiles and appointing the required legal representative, it still needed to settle the imposed fines to fully restore its operations. The ruling also mandated the Central Bank of Brazil to freeze the accounts of X and its legal representatives as a measure to ensure the payment of the fines, pointing out that there were insufficient funds to cover the owed amounts. The court’s decision emphasized that the platform’s operational reinstatement is solely contingent on complete compliance with Brazilian laws and respect for judicial decisions.
The compliance of X follows months of confrontations between Minister de Moraes and Elon Musk, the owner of the platform, particularly over Musk’s initial rejection of the censorship mandates. This friction traces back to Brazil’s 2022 presidential elections, during which de Moraes issued censorship directives specifically targeting the campaign of then-incumbent President Jair Bolsonaro, prohibiting negative language directed at his opponent, Luiz Inácio Lula da Silva. The situation has highlighted a broader trend of censorship under de Moraes, who has implemented measures against conservative figures, journalists, and supporters of Bolsonaro, which have included raids, arrests, and account removals across multiple social media platforms.
In a recent address at the United Nations General Assembly, President Lula defended these censorship measures as vital for the protection of democracy in Brazil, framing them as necessary actions in the face of perceived threats from conservative elements in the country. The ongoing developments surrounding X’s operational status and the broader implications of the censorship policies reflect ongoing tensions between digital freedom and state control in Brazil, raising questions about the balance between maintaining democratic values and regulating social media platforms in governmental discourse. The conflict between Musk’s vision for X and the Brazilian authorities signals a crucial juncture in the platform’s international governance, challenging the limits of free speech in politically charged environments.
