(Bloomberg) — The Supreme Court confirmed an order to ban Elon Musk’s social network X in Brazil and fine those who don’t comply with it by using a virtual private network, or VPN.
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All five judges on the top court panel voted in favor of the decision to shut down the platform formerly known as Twitter during a virtual trial on Monday. X can still appeal the decision, after the conclusion of the hearing.
The site has been suspended since a late Friday order by Justice Alexandre de Moraes. The top-court judge is spearheading efforts to combat fake news and hate speech in Brazil and faces claims of overstepping his bounds by undermining free speech.
Moraes issued the order after Musk defied several previous decisions, including refusing to name a legal representative for the social network in Latin America’s biggest economy.
X went dark over the weekend, affecting its 20 million users in Brazil — among the world’s most-online nations.
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.
Judges on the panel also voted in favor of Moraes’ order threatening anyone using a VPN to access X with a daily fine of 50,000 reais ($8,900).
The group didn’t discuss the order to block bank accounts of Musk’s satellite internet provider Starlink. That decision seeks to force the company to pay for fines imposed on X.
In an appeal filed Friday, Starlink Brazil Holding LTDA asked the Supreme Court to lift the order, arguing the internet business isn’t part of the case against X. Justice Cristiano Zanin denied the appeal and kept the financial assets blocked.
Brazil’s telecommunications watchdog, Anatel, confirmed on Monday that Starlink informally told them it wouldn’t comply with the X suspension order.
–With assistance from Andre Loureiro Dias.
(Updates with votes of all five members of court panel, and with Anatel comment on Starlink, beginning in 2nd paragraph.)
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