Salt River, Cape Town  17 September 2024

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Brazil supreme court upholds X ban for non-compliance

By Lee-Yandra Paulsen

Brazil’s Supreme Court has unanimously upheld a ban on the social network X, formerly known as Twitter, following Elon Musk’s refusal to comply with local laws. All five justices supported the decision, reinforcing Brazil’s commitment to holding foreign companies legally accountable.

Speaking to PM Drive on Tuesday, Dr Fazlyn Petersen, a Senior Lecturer in the Economic and Management Science Faculty’s Information Systems Department at the University of the Western Cape (UWC), commented on allegations regarding Musk’s illegal use of X users’ information. “I don’t think anybody is above the law, but we must acknowledge that they are holding this information,” Petersen stated.

“Brazil’s ban on X is fundamentally about their failure to appoint a legal representative in the country, which is crucial for enhancing accountability and combating disinformation. This decision stems from broader concerns about X’s role in spreading harmful content, particularly in a politically sensitive environment.”

Petersen emphasized that each case involves different considerations, referring to Musk’s comments that the arrest of Telegram’s CEO and the ban on X were examples of muzzling social media freedom and freedom of expression. She noted that the ban in Brazil should be carefully observed to determine whether it truly restricts people’s ability to express themselves freely.

“When it comes to expressing oneself and the spread of misinformation and disinformation, we as users must first ensure that the information is accurate and aligns with what we want to associate ourselves with,” Petersen said.

She also pointed out, “Consumers in Brazil may face reduced access to diverse information when X is banned, whether that information is true or not is another matter. But it could limit their freedom of expression because X is being banned in its entirety. While there are ways around that, such as using VPNs, Brazil is now imposing fines on those who use VPNs to access X. The country is implementing measures to completely ban X.”

Petersen mentioned that individuals could be fined $9,000 per day for using X. “This is not the first time X has been instructed to appoint a legal representative, and their failure to do so has led the court in Brazil to ban the platform for not complying with the country’s legislation.”

Regarding the impact of the ban on Brazil, Petersen commented, “There may not be a direct economic impact on Brazil, but it could strain relations with global tech companies and investors. This decision signals a challenging regulatory environment, which may deter foreign digital platforms from entering the Brazilian market, potentially affecting technological innovation and trade partnerships.”

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Photo: Screenshot

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Aneeqa Du Plessis

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