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Brazil: Supreme Court orders further documents from X

September 22, 2024

Tech billionaire Elon Musk has agreed to appoint a legal representative in Brazil following a Supreme Court order in August. However, Judge Alexandre de Moraes has requested more proof of the lawyer's power of attorney.

https://p.dw.com/p/4kw5T
A symbol of social media platform x on a phone
Social media platform X has been banned in Brazil since AugustImage: Jaap Arriens/NurPhoto/IMAGO

The Supreme Court of Brazil on Saturday made further requests of documentation from X owner Elon Musk.

The social media platform was shut down in the South American country in August for failing to comply with an order to name a new legal representative for the company in Brazil by a certain date.

Despite initially speaking out against the ruling, tech billionaire Musk seemingly relented to the order, saying the company had appointed a lawyer.

However, Federal Judge Alexandre de Moraes demanded further documents and gave X a five-day deadline to provide documentation on the appointment of attorney Rachel Conceicao as the legal representative of X within Brazil.

What were the Supreme Court's orders?

In August, Justice de Moraes ordered the suspension of X until it adhered to the Supreme Courts' rulings.

They include not only the nomination of a legal representative in Brazil but also the payment of fines amounting to 18.35 million reals (roughly $3.28 million, €3 million).

Assets of X and Musk's satellite internet operator Starlink, which has been operating in Brazil since 2022, were frozen by de Moraes to ensure payment of fines imposed on the social network for flouting court orders.

While Musk initially indicated X would not comply with the order, the company announced on Friday that Conceicao had been appointed as their lawyer.

However, de Moraes had called for a power of attorney from the lawyer for X in Brazil and asked for proof of her proper registration with the Chamber of Commerce of the State of São Paulo, which he says was stated in the decision of the Supreme Federal Court.

Brazil blocks access to Elon Musk's X

Why is X blocked in Brazil?

Brazilian law requires all internet companies to have a legal representative in the country. This ensures someone can be notified of legal decisions and is qualified to take any requisite action.

However, earlier this month, X removed its legal representative from Brazil after de Moraes threatened her with arrest.

The growing rift between Brazilian authorities and Musk was triggered by X's non-compliance with court orders demanding it take action against the spread of hate speech. Musk had denounced such orders as censorship.

Governments vs X: What does it mean for us?

km/rmt (AFP, dpa, Reuters)