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Brazilian Supreme Court Upholds X Ban as Starlink Defies Compliance

ByHilary Ong

Sep 3, 2024

Brazilian Supreme Court Upholds X Ban as Starlink Defies Compliance

Brazil’s Supreme Court has upheld a ban on X, the social media platform formerly known as Twitter, following a decision led by Justice Alexandre de Moraes. This ruling directs Brazil’s National Telecommunications Agency (Anatel) to restrict access to X after the platform’s owner, Elon Musk, refused to comply with court orders to block certain accounts and designate a legal representative in the country.

Four additional justices, including Cristiano Zanin, Flávio Dino, Cármen Lúcia, and Luiz Fux, supported the decision. Justice Fux agreed with the ban but suggested that fines for users accessing X through VPNs should only target those posting illegal content, like Nazi or fascist messages.

Starlink Refuses to Comply with Court Order

As the ban takes effect, many Brazilian users have turned to other social media platforms. However, X remains accessible through Starlink, a satellite internet service also owned by Musk. Starlink has refused to comply with the ban, stating it will continue offering internet service to its 250,000 Brazilian customers, including those in rural areas and Indigenous communities, as long as its bank accounts remain frozen. The company has pledged free internet access to its users during this period.

The New York Times reported that Starlink’s refusal is linked to a court order by Justice de Moraes that froze its local bank accounts to collect $3 million in unpaid fines that X owes for ignoring court mandates.

Attempts by Starlink to unfreeze its accounts were dismissed by the court. Musk argued that SpaceX, which operates Starlink, is a separate entity from X, and that his ownership of only 40% of SpaceX makes the asset freeze illegal. Despite these claims, the freeze remains in place, and Justice de Moraes has blocked Starlink from making transactions within Brazil.

The conflict escalates with potential consequences for Starlink. If the service continues to defy the court order, Brazil may revoke its operating license. Further non-compliance could lead to the seizure of equipment from Starlink’s 23 ground stations, which are essential for maintaining high-quality satellite connections across the country.

Court Imposes Fines on VPN Users

In addition, the court’s ruling includes fines for anyone caught using VPNs to access X, with penalties set at 50,000 Brazilian Real per day (about $8,900). News organizations such as Poder360 have responded by managing their X accounts from outside Brazil, specifically from Portugal, to comply with the court’s decision.

As the situation unfolds, the full panel of all 11 Supreme Court justices may still review the ban, allowing X a chance to appeal. Meanwhile, Starlink’s ongoing defiance and the enforcement of the ban highlight ongoing tensions over digital regulation in Brazil.


Featured Image courtesy of LISI NIESNER/REUTERS

Follow us for the latest developments in Brazil’s crackdown on X.

Hilary Ong

Hello, from one tech geek to another. Not your beloved TechCrunch writer, but a writer with an avid interest in the fast-paced tech scenes and all the latest tech mojo. I bring with me a unique take towards tech with a honed applied psychology perspective to make tech news digestible. In other words, I deliver tech news that is easy to read.

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