In a recent escalation of the legal conflict between Elon Musk and Brazil’s top court, a senior judge has accused X, formerly known as Twitter, of deliberately trying to bypass a court-ordered block. The judge has imposed a daily fine of R$5 million ($921,676) for each day the platform remains accessible in Brazil.
X has been under a court ban since August 30. However, an update using third-party cloud services like Cloudflare, Fastly, and Edgeuno has allowed many users in Brazil to access the platform without a VPN, which is also prohibited.
On Wednesday, X referred to its return in Brazil as an “inadvertent and temporary service restoration” for Brazilian users. But Supreme Court Justice Alexandre de Moraes, who initially ordered the ban to curb anti-democratic content, condemned the move as a deliberate attempt to evade the court’s restrictions.
Justice Moraes pointed out that Elon Musk, X’s largest shareholder, had made a public statement suggesting that advanced technology might seem like magic. Moraes interpreted this as an indication of X's intent to disregard Brazil’s judiciary.
Moraes also ruled that if X fails to pay the fines, the responsibility will fall on Musk’s satellite internet company, Starlink. He argued that, since X no longer has a legal representative in Brazil—a requirement for operating in the country—Starlink, being owned by the same individual, is jointly liable for the penalties.
The Brazilian telecommunications agency, Anatel, announced that it had identified the method allowing access to X with the help of Cloudflare.
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