Suppose you wake up one morning and get ready to open your favorite social media application; only to discover that it has been disabled! That is precisely what happened to millions of Brazilians on Elon Musk’s platform, now known as X (formerly Twitter). Yesterday, the Brazilian government went big by banning X, and it became quite challenging to use the platform through web and app. But why would a country block such a popular platform?
Commercial Law: Analyzing the Conflict Between Musk and Brazilian Justice
This started when the billionaire associated with X failed to appoint someone who could represent the company in Brazil. This might seem like some paperwork problem, but is not a mere paperwork issue at all. This had the effect of angering Justice Alexandre de Moraes, who serves on Brazil’s Supreme Court. He gave Musk a firm warning: ”You better follow the rules or else…” Seeing that Musk was not following suit, de Moraes proceeded to act and ordered the suspension of the platform.
Why All the Fuss?
What does it matter not to have a lawyer? In Brazil, there is a legal provision that every internet service company has to have someone in Brazil to be held accountable when the need arises. De Moraes was offended that Musk was behaving like an organization that is beyond the jurisdiction of local authorities, like a supranational entity.
However, it would be interesting to know that it is not so simple as having no representative in the European Parliament. The conflict with Brazil and X is not only a bureaucratic problem—they both fight for the right to manage information. Brazil’s justice system, especially de Moraes, has recently been active in suppressing fake news and hate speeches mainly from the far-right sects.
This is not the first time that the country has gone head to head with social media giants. Same problem has been with WhatsApp and Telegram.
The impact that the innovation will have on X Users in Brazil
To the 40 million X users in Brazil, this block was something similar to pulling the plug on their social media support system. Think about having your access to a particular social media platform blocked, so no more browsing, liking, or sharing. Linda Yaccarino, the CEO of X said, ‘It is a sad day for the millions of X users across the globe especially those in Brazil’.
However, the resourceful Brazil found another way around it through the use of VPNs (Virtual Private Networks). However, if your curiosity gets the better of you, beware—de Moraes has fined anyone attempting to circumvent the ban by using VPNs.
It would therefore suggest that the fight for, and against regulation of, social media platforms is an even bigger fight of free speech.
Elon Musk, a man who freely describes himself as a “free speech fanatic,” has characterized this as a direct attack on first amendment rights. He has outright spoken ill of de Moraes, he has even accused him of censorship. On the other hand, de Moraes and his supporters claim that the moment they feel democracy is at risk, they are ready to do whatever is for the best of the country in which fake news can go viral within a single day.
The Ripple Effect
Now, restricting X has consequences that extend far beyond what X is, exactly. For instance, Starlink, which is musk’s satellite internet service provider, also its funds were recently seized by the Brazilian court. It was as if the judge said, “If you do not follow our rules no business will.” Musk was not pleased and said he would continue to provide free internet in Brazil until the situation changed.
