Brazil’s conservative political party, Partido Novo, is moving to overturn a court decision banning Elon Musk’s X platform, raising the stakes in an ongoing battle over free speech and the regulation of social media in the country. The ban, which was enacted by Supreme Court Justice Alexandre de Moraes, has deepened the debate over censorship and disinformation in South America’s largest democracy.
Partido Novo is appealing the decision in a bid to restore access to the popular platform, previously known as Twitter, after Moraes ordered it blocked for not complying with directives to remove accounts spreading “fake news” and hate speech. The case will now be reviewed by another top court judge, Justice Kassio Nunes Marques, which could further escalate the legal confrontation between Musk and Brazil’s judicial system.
Freedom of Speech at the Heart of Legal Dispute
The party’s candidate for Rio de Janeiro’s city council, Jonathan Mariano, stated that their appeal centers around the defense of free speech. “This is about freedom of expression. We want X to operate freely in Brazil without censorship,” Mariano told reporters.
Moraes took the drastic step to ban X after accusing the platform of failing to curb the spread of harmful disinformation that he claimed posed a threat to Brazil’s democratic processes. In addition to blocking the platform, Moraes froze the assets of Starlink, Musk’s satellite broadband company, which he suggested could be used to pay fines levied on X.
Musk has been outspoken in his opposition to the court’s actions, referring to Moraes as a “dictator” and accusing him of censoring “the number one source of truth in Brazil.” Following the court’s decision, X shut down its offices in Brazil, further intensifying the standoff.
Legal Challenges Mount
Partido Novo’s appeal is not the only opposition Moraes is facing. Brazil’s Bar Association has also voiced its concerns, calling for the Supreme Court to reverse the decision and claiming that the 50,000 reais ($8,900) daily fines for Brazilians using VPNs to access X violate constitutional rights.
The conservative party has also challenged the freezing of Starlink’s assets, arguing that the social media platform and the satellite company are distinct legal entities, and thus should not be financially intertwined in the court’s ruling.
Case Heads to Court
The case is now in the hands of Justice Kassio Nunes Marques, who was appointed by former far-right President Jair Bolsonaro. Marques is expected to take swift action given the implications of the decision on free speech, digital communication, and Musk’s business empire. While Marques could refer the case to a broader panel of Supreme Court justices, a timeline for the ruling has not yet been established.
As tensions mount, legal experts remain divided over the case. Sao Paulo-based constitutional lawyer Vera Chemim argued that Moraes’ ruling, including the freezing of Starlink’s accounts, is unconstitutional and should be overturned. Meanwhile, former Supreme Court Chief Justice Carlos Ayres Britto countered that X and Starlink operate under the same economic structure, and thus it is within the court’s rights to target both entities.
Political Ramifications
The dispute between Musk and Brazil’s judiciary has garnered international attention. Brazil’s President Luiz Inacio Lula da Silva has voiced his support for Moraes, emphasizing that “no one is above the law,” not even a billionaire like Musk. Musk responded by criticizing Lula, calling him a “lapdog” of the court.
The controversy surrounding X’s ban reflects deeper tensions in Brazil over the role of social media, censorship, and the influence of major tech platforms on democratic processes. With Partido Novo pushing for the reversal of the ban and Musk continuing to vocalize his opposition, the feud shows no signs of de-escalating anytime soon.