Conservative challenge to Brazil's ban on Musk's X could escalate dispute

By Luciana Magalhaes and Ricardo Brito

SAO PAULO (Reuters) – A conservative party in Brazil is trying to overturn a judge's ban on Elon Musk's Platform X, potentially escalating a months-long dispute over censorship and hate speech in South America's largest country.

The Partido Novo's challenge to Chief Justice Alexandre de Moraes' decision to ban the popular social media site will now be heard by another of the court's top judges, further complicating a high-stakes dispute with the billionaire's business empire.

“It's about freedom of expression – we want everything to return to normal in Brazil,” Jonathan Mariano, a federal prosecutor and Partido Novo candidate for Rio de Janeiro's city council, told Reuters.

Moraes last week ordered the blocking of X in its sixth-largest market after the platform, formerly Twitter, failed to comply with orders to block some accounts accused of spreading “fake news” and hate speech that the judge said pose a threat to democracy. He also froze the assets of Musk's Starlink satellite broadband company, potentially to use them to pay fines owed by X.

Musk, who has called Moraes a “dictator,” accused him of “shutting down the most important source of truth in Brazil.” X has closed its Brazilian offices due to the judge's alleged “censorship.”

Partido Novo this week filed for an injunction to stop Moraes' ban on X, saying it was unconstitutional. The party also questioned the freezing of Starlink's assets, arguing that the two companies are separate entities.

Moraes declined to comment on the party's challenges Wednesday. Musk, his lawyer and Starlink did not respond to repeated requests for comment this week.

Court proceedings likely to progress quickly

The Partido Novo's request will be reviewed by Judge Kassio Nunes Marques, appointed by far-right former President Jair Bolsonaro, who is expected to take the case to a larger court or dismiss it.

No date has been set for a decision, but given the impact of Moraes' actions on Musk's company, Marques is expected to act quickly. Marques could not immediately be reached for comment.

In addition to owning X and 40% of Starlink parent company SpaceX, Musk is also CEO of electric vehicle giant Tesla.

Brazil's left-wing President Luiz Inácio Lula da Silva supported Moraes' decision to suspend X, saying: “Just because someone has a lot of money doesn't mean they can disregard the law.” Musk derided the president as Moraes' “lapdog.”

Moraes' decision was supported by one of the two panels of the Supreme Court, but some experts said a broader consensus should have been sought.

“Such a controversial issue should have been discussed by all 11 judges, not just half of them,” said Sao Paulo-based constitutional lawyer Vera Chemim, who argued that the case boiled down to a power struggle between Musk and Moraes.

Chemim said the suspension of Starlink accounts violated Brazilian law and must be lifted immediately.

But Carlos Ayres Britto, former Chief Justice of the Supreme Court, disagreed: “X and Starlink are tentacles of the same octopus, they form an economic group,” he said.

Partido Novo is not the only group challenging Moraes' decision. The Brazilian Bar Association has also asked the Supreme Court to overturn Moraes' order to fine Brazilians 50,000 reais ($8,900) per day for using VPNs to access X in the country.

The association argued that imposing fines violates the constitutional principles of separation of powers, full defense and due process.

(Reporting by Luciana Magalhaes in Sao Paolo and Ricardo Brito in Brasilia; editing by Christian Plumb and William Mallard)