Musk vs Justice Moraes: Brazil judge makes more demands from X; check timeline

Elon Musk's social media platform, X (formerly Twitter), has been embroiled in a legal battle with the Brazilian Supreme Court for months. The conflict, centered around misinformation and far-right accounts, has culminated in the suspension of X's services in Brazil, one of the platform's largest markets. The suspension is part of a broader fight between Musk and Brazilian Justice Alexandre de Moraes, with the situation further complicated by the involvement of Musk’s satellite company, Starlink. Below is a detailed timeline of the events leading up to the current standoff and the latest developments in this legal battle.

Timeline of Events

April 2024

The friction between Elon Musk’s X and Brazilian Supreme Court Justice Alexandre de Moraes began earlier this year, when de Moraes demanded stricter regulations on social media content to combat misinformation, especially in light of Brazil's far-right political movements. De Moraes, a strong advocate for free speech limitations to curb disinformation, clashed with Musk's libertarian approach to content moderation.

June 2024

Justice de Moraes began raising concerns about accounts linked to the far-right spreading misinformation on X. The Supreme Court issued warnings to the platform, urging it to comply with local laws governing online speech.

August 2024

By August, tensions escalated. On August 28, X announced the immediate removal of all its remaining staff in Brazil. This followed threats from de Moraes to arrest X’s legal representative in the country for failing to comply with previous court rulings, including the obligation to moderate content on far-right accounts. The company argued that it was being unfairly targeted and called the legal measures against it censorship.

On August 30, Justice de Moraes suspended X's services across Brazil, citing the platform’s failure to appoint a legal representative in the country. This suspension affected over 20 million Brazilian users, marking a significant move in a country where X was highly popular.

September 2024

In September, Musk’s satellite internet company, Starlink, became involved in the dispute. De Moraes ordered Starlink’s assets to be used to cover X’s accumulating fines, which had exceeded $3 million by then. This linkage between X and Starlink has been heavily scrutinised, with legal experts questioning the legitimacy of associating the two companies as part of the same economic group.

As the month progressed, X made attempts to resolve the situation. The company submitted documents to Justice de Moraes, claiming it had complied with all previous demands, including naming a new legal representative. However, de Moraes continued to impose penalties, fining X’s new representative 300,000 reais ($55,000) for not following prior court rulings.

On September 29, 2024, the standoff took another turn. Despite X’s claims of compliance, de Moraes added new conditions for the platform’s reinstatement. He ruled that X can only be reinstated in Brazil once Starlink withdraws its appeals related to the case. This unexpected demand further complicates the situation, effectively tying Musk’s satellite business to X's legal issues in Brazil.

Additionally, de Moraes imposed a new fine of 10 million Brazilian reais (around $1.84 million), further increasing the financial burden on X. This fine was linked to findings that X had allegedly rerouted its services through Cloudflare, a content delivery network, which temporarily brought the platform back online in Brazil without authorisation. The company maintained that the server change was unintentional and aimed at improving services for its Latin American users.

Broader Implications

This legal battle between Elon Musk and the Brazilian judiciary is being closely watched by legal experts and free speech advocates. X’s suspension in a country of 213 million people has raised questions about the balance between free speech and government regulation. While X has argued that it is a victim of censorship, the Brazilian Supreme Court has repeatedly upheld de Moraes' rulings, suggesting that the platform’s actions are seen as part of a larger challenge to Brazil's legal authority.

Musk’s supporters have criticised de Moraes, calling him authoritarian and a censor, but the justice’s rulings have garnered significant support within Brazil's legal framework. Meanwhile, X continues to express its commitment to free speech. In a statement issued on September 28, the company said: “We believe that the people of Brazil having access to X is essential for a thriving democracy, and we will continue to defend freedom of expression and due process of law through legal processes”.