Brazil’s Supreme Court has postponed its ruling on whether social media platform X, previously known as Twitter, can resume operations in the country. This decision arises from complications surrounding the payment of fines, which have led to X’s suspension since late August. The suspension was implemented after the platform failed to comply with legal requirements, particularly regarding the moderation of hate speech and appointing a legal representative in Brazil.
The Supreme Court’s decision on Friday revealed that X’s lawyers had not submitted the required fines to the correct bank account. Justice Alexandre de Moraes pointed out that a deposit of 28.6 million reais (around $5.24 million) was improperly processed. “The deposit of the amount of 28,600,000 reais was not made correctly in the account linked to these proceedings,” he stated, underscoring the legal misstep that hindered X’s return to the Brazilian market.
Despite X’s legal team asserting that they had followed all payment protocols, the court maintained that the fine payment issue remains the last obstacle to lifting the suspension.
Suspension Due to Non-Compliance
The suspension of X in Brazil stems from the platform’s failure to meet two crucial obligations set by Brazilian authorities: effectively moderating hate speech and designating a legal representative within the country. This lack of compliance led to the suspension in late August, despite Brazil being one of X’s largest markets, boasting over 21 million users as of April, according to Statista.
Earlier on the same day, X submitted a renewed request to restore its services in Brazil, claiming that it had paid all outstanding fines. The filing emphasized the need for the platform to “be unblocked for free access by its users in national territory.”
Complications in Legal Proceedings
In response to X’s latest request, Justice de Moraes ordered that the fines be transferred to the correct account. He further mandated that once this issue is resolved, Brazil’s prosecutor general would review the recent requests made by X’s legal team. This added requirement complicates the company’s efforts to regain access to its Brazilian user base.
X’s lawyers contested the need for further legal consultation, asserting that the company had fulfilled all necessary requirements to resume operations and denying any wrongdoing in the payment process.
Previous Court Orders and Compliance Attempts
X has made recent attempts to align with court orders to address the legal issues that led to its suspension. The platform blocked accounts under investigation and requested the suspension be lifted on September 26. However, Justice de Moraes ruled at that time that X still needed to settle over $5 million in outstanding fines. X’s legal representatives maintained that the payment of 28.6 million reais was completed, but due to the improper transfer, the matter remains unresolved.
Musk’s Controversial Stance
Elon Musk, X’s owner, has publicly opposed the suspension and criticized the court’s demands, initially resisting Brazil’s orders and labeling them as censorship. He controversially described Justice de Moraes as an “evil dictator cosplaying as a judge” after being instructed to improve moderation of false information.
Musk, known for his far-right political views, has previously supported former Brazilian President Jair Bolsonaro, another figure who clashed with de Moraes over misinformation related to elections. This involvement has heightened tensions surrounding X’s legal battles in Brazil.
Shifts in Government Engagement
Since Musk’s acquisition, X has shown a greater willingness to comply with government content removal requests, adhering to nearly 99% of such requests from countries like Turkey and India in the initial months of ownership. This compliance has raised concerns that X might facilitate government suppression of dissenting voices by removing critical content.
Efforts to Mend Ties with Brazil
In recent weeks, X has sought to improve relations with the Brazilian government. In September, the platform restricted access to accounts associated with misinformation and took steps to appoint legal representatives in Brazil to comply with court demands. Despite these actions, the unresolved fine payment issue continues to impede X’s full reinstatement.
