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Elon Musk’s X to return to Brazil after complying with Supreme Court demands

Elon Musk’s X to return to Brazil after complying with Supreme Court demands

Global News
Tuesday, October 08, 2024 10:44:10 PM UTC

Elon Musk’s X was blocked on Aug. 30 in the highly online country of 213 million people — and one of X’s biggest markets.

The Brazilian Supreme Court’s Justice Alexandre de Moraes on Tuesday authorized the restoration of social media platform X´s service in Brazil, over a month after its nationwide shutdown, according to a court document that was made public.

Elon Musk’s X was blocked on Aug. 30 in the highly online country of 213 million people — and one of X’s biggest markets, with estimates of its user base ranging from 20 to 40 million. De Moraes ordered the shutdown after a monthslong dispute with Musk over free speech, far-right accounts and misinformation. Musk had disparaged de Moraes, calling him an authoritarian and a censor, even though his rulings, including X’s suspension, were repeatedly upheld by his peers.

Despite Musk’s public bravado, X ultimately complied with all of de Moraes’ demands. They included blocking certain accounts from the platform, paying outstanding fines and naming a legal representative in the country. Failure to do the latter had triggered the suspension.

“The resumption of (X)’s activities on national territory was conditioned, solely, on full compliance with Brazilian laws and absolute observance of the Judiciary’s decisions, out of respect for national sovereignty,” de Moraes said in the court document.

X did not immediately respond to a request for comment.

Just two days before the ban, on Aug. 28, X said it was removing all its remaining staff in Brazil “effective immediately,” saying de Moraes had threatened with arrest its legal representative in the country, Rachel de Oliveira Villa Nova Conceição, if X did not comply with orders to block accounts.

Brazilian law requires foreign companies to have a local legal representative to receive notifications of court decisions and swiftly take any requisite action — particularly, in X’s case, the takedown of accounts. Conceição was first named X’s legal representative in April and resigned four months later. The company named her to the same job on Sep. 20, according to the public filing with the Sao Paulo commercial registry.

In an apparent effort to shield Conceição from potential violations by X — and risking arrest — a clause has been written into Conceição’s new representation agreement that she must follow Brazilian law and court decisions, and that any legal responsibility she assumes on X’s behalf requires prior instruction from the company in writing, according to the company’s filing.

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