ISOC Brazil's Statement on the X Suspension Decision

On August 30, 2024, Minister Alexandre de Moraes of the Brazilian Supreme Court (STF) ordered the suspension of the platform X (formerly Twitter) in Brazil. In addition to suspending the company’s operations, the Minister also imposed a fine of R$ 50,000.00 on individuals or legal entities that access X through VPNs. The Minister had also ruled that digital stores should not allow users to download VPN applications, but this decision was revoked on the same day.

Following a series of incidents over the past few months, Minister Moraes escalated actions to enforce compliance with Brazilian law. Initially, he ordered the removal of content and the blocking of accounts on X in the context of a lawsuit related to attacks on democracy. Despite these requests, X did not comply. The company's continued non-compliance led to several fines, and the owner, Elon Musk, intentionally disseminated information that incited violence and hatred. Faced with a threat of imprisonment for those responsible for the company due to non-compliance with court orders, the company decided to close its office in the country.

In this sense, the decision to suspend X's activities in the country was based on the understanding that the Civil Code, read together with the Brazilian Civil Rights Framework for the Internet (Marco Civil da Internet), requires Internet companies operating in the country to have a legal representative with powers to comply with laws and court orders. Thus, the lack of a representative in the country and the repeated disobedience to the Judiciary were justifications for the suspension. Moreover, the Minister also argued that the decision seeks to protect Brazilian democracy and guarantee the application of laws in the country since X, by refusing to comply with court orders and acting irresponsibly, puts political and social stability at risk.

The preliminary suspension decision will last until the company follows the Court's orders, pays the fines, and provides a legal representative in the country. Furthermore, according to the decision, the STF had given X several chances to resolve the situation and comply with the decisions, which it did not do, justifying the suspension as a last resort.

On September 2, 2024, the First Panel of the STF unanimously decided to maintain the suspension of X. Minister Alexandre de Moraes' vote was followed by Ministers Flávio Dino, Cristiano Zanin, and Cármen Lúcia. Minister Luiz Fux, in turn, voted in favor but presented reservations regarding the R$ 50,000 fine on individuals and legal entities that use tools like VPNs to access the platform. The other judges also supported this determination to prohibit access to X through VPNs.

The STF's decision involves arguments about guaranteeing Brazilian digital sovereignty, focusing on applying and effectively enforcing national legislation. Some of these debates can be observed in the report of the project "Digital Sovereignty: for what and for whom? Conceptual and political analysis of the concept based on the Brazilian context", produced from the partnership between ISOC Brazil and CEPI FGV Direito SP. The topic, which currently has a prominent role in the Judiciary, has been discussed in the Legislative sphere in a broader discussion through Bill No. 2630, the so-called "Fake News Bill". This bill is currently undergoing a process of rediscussion by the Legislature, having been analyzed by ISOC Brazil in an Internet Impact Brief (IIB), which highlighted the positive points and risks of the legislation above for the enablers that contribute to achieving a secure, open, globally connected and reliable Internet.

ISOC Brazil recognizes the need to combat disinformation and protect democracy. However, it is crucial to critically assess the consequences of measures such as the complete blocking of services that, apart from some users involved in criminal behavior, are used by society for a wide variety of legitimate purposes. The fine on the use of VPNs can restrict freedom of expression and access to information and services, jeopardizing the very objective of combating disinformation. The need for open dialogue and a more in-depth analysis of the impacts of judicial decisions on the Internet is fundamental to guarantee the protection of individual rights and the preservation of the Internet itself as a open, globally connected, secure, and trustworthy space.

In this context, restricting access to information and services through tools such as VPNs, especially when done broadly or with high levels of indeterminacy regarding its object, can affect freedom of expression and hinder access to information and services for diverse groups of people for different reasons. It is essential to ensure that judicial decisions do not lead to a disproportionate restriction of freedom of expression and access to resources on the Internet.

Therefore, ISOC Brazil reinforces the need to defend the applicability of Brazilian law and combat disinformation and attacks on democratic institutions. However, it expresses concern about adopting modalities of legal protection that should only be applied as a last resort, avoiding, whenever possible, affecting the rights of third parties or sanctions that go beyond what is necessary and proportionate to achieve a particular purpose. To verify these aspects, the Internet Society offers tools to develop an impact assessment on fundamental properties and values ​​of the Internet, based on the Internet Way of Networking, which applies not only to actions of the Legislative or Executive branches but also of the Judiciary.