Brazil Supreme Court Abolishes Fines for VPN Use to Access Social Media Platform X

Brazil’s Supreme Court has upheld a ban on Elon Musk’s X platform, formerly known as Twitter, and imposed hefty fines on those using VPNs to access it.

At a Glance

Brazil’s Supreme Court confirmed the ban on X and fines for VPN users
The platform was suspended for failing to comply with local regulations
X must block profiles with anti-democratic content and pay fines to resume operations
Daily fines of 50,000 reais ($8,900) imposed on VPN users accessing X

Supreme Court Upholds X Ban and VPN Fines

In a significant ruling, Brazil’s Supreme Court has confirmed an order to ban Elon Musk’s social network X in the country. The decision also includes imposing fines on those who attempt to circumvent the ban by using virtual private networks (VPNs). This move has sent shockwaves through the digital landscape of Brazil, where X boasts tens of millions of users.

The court’s panel, consisting of five judges, unanimously voted in favor of the decision during a virtual trial. While X still has the option to appeal, the platform currently remains suspended following a late Friday order by Justice Alexandre de Moraes, who is spearheading efforts to combat fake news and hate speech in Brazil.

Breaking: Brazilian Supreme Court has decided to no longer impose fines on individuals using VPNs to access X (formerly known as Twitter). Source: Brazilian News.

This policy shift represents a victory for free speech advocates, as it removes a previous legal barrier that could…

— MartyParty (@martypartymusic) September 3, 2024

Conditions for Lifting the Ban

The suspension will remain in effect until X meets several conditions set by the court. These include blocking profiles that contain anti-democratic or criminal content, paying imposed fines, and appointing a legal representative in Brazil. The platform’s failure to comply with these requirements, particularly the appointment of a local legal representative as mandated by Brazilian law, led to its initial blocking.

“The suspension, according to Moraes’ order, is in effect until the company agrees to block profiles with anti-democratic or criminal content, pays fines imposed so far, and names a legal representative in the country.” – Fortune

The court has also imposed a daily fine of 50,000 reais (approximately $8,900) for individuals or companies using VPNs to access X. This decision has sparked debate about digital rights and internet freedom in Brazil, with the Brazilian bar association planning to request a Supreme Court review of the VPN fine provision.

Broader Implications and Reactions

The ban on X is part of a larger conflict between Elon Musk and Justice de Moraes over issues of free speech, far-right accounts, and misinformation. Musk has criticized Brazil’s actions, calling it an “oppressive regime” on the X platform. However, Brazilian President Luiz Inácio Lula da Silva emphasized that foreign investors must respect Brazilian laws.

“shutting down the #1 source of truth” and that its “oppressive regime” was “so afraid of the people learning the truth that they will bankrupt anyone who tries” – Elon Musk

The dispute began in April over the suspension of accounts spreading disinformation, which Musk labeled as censorship. X has previously complied with Brazilian orders to shut down accounts associated with former President Jair Bolsonaro’s right-wing party and other individuals accused of undermining Brazilian democracy.

I could be wrong, but I actually don't think this ban is gonna last very long. I think both sides are going to cave and it seems like Brazil is already walking this back at bit.https://t.co/g6xM2Jvyxn https://t.co/au3ollfPMt pic.twitter.com/BhlFy6bCAG

— Ryan Broderick (@broderick) September 2, 2024

Current Status and Future Outlook

As it stands, X remains blocked in Brazil, with the National Telecommunications Agency enforcing the suspension across over 20,000 internet providers. The platform must comply with the court’s orders and pay outstanding fines exceeding $3 million to resume operations in the country. This situation highlights the ongoing challenges tech companies face in navigating different countries’ regulations and the potential consequences of non-compliance.

The outcome of this case could set a precedent for how other nations address similar issues of content moderation, legal compliance, and the use of VPNs to access blocked platforms. As the digital landscape continues to evolve, the balance between internet regulation and digital freedom remains a critical point of discussion worldwide.