Elon Musk's X will be reinstated in Brazil after settling an additional penalty.

• In Brazil, the supreme court justice, Alexandre de Moraes, ruled that X must pay one final fine before its ban is lifted.
• The suspension of the platform nationwide, which was decided on Aug. 31, was upheld by a panel of judges on Sept. 2.
• This month, X submitted paperwork to the Brazilian Supreme Court, indicating compliance with its earlier orders that it had disregarded.

Before Elon Musk's social network can be reinstated in Brazil, X must pay a final fine, as ruled by Justice Alexandre de Moraes on Friday.

In August, the platform was suspended nationwide and a panel of judges upheld the decision on September 2. However, earlier this month, X informed Brazil's supreme court that it is now in compliance with the orders it previously defied.

According to G1 Globo, X has been fined 10 million reals (approximately $2 million) for two more days of not following the court's orders. Rachel de Oliveira, X's legal representative in Brazil, must also pay a fine of 300,000 reals.

In April, the Supreme Court of Brazil, led by Minister de Moraes, launched an investigation into Musk and X for allegedly obstructing justice.

In Brazil, Musk had pledged to disregard the court's mandate to remove specific accounts. He labeled the court's actions as "censorship" and publicly attacked de Moraes, branding him a "criminal." Furthermore, Musk urged the U.S. to halt foreign assistance to Brazil, while simultaneously attacking de Moraes online.

In August, Musk shut down X offices in Brazil, leaving his company without a legal representative in the country, which is a federal requirement for all tech platforms to operate there.

De Moraes' court issued a threat of a ban and fines on Aug. 28 if X failed to appoint a legal representative within 24 hours and didn't comply with takedown requests for accounts that the court claimed were involved in plots to dox or harm federal agents, among other things.

The STF recently seized the business assets of Musk companies, including Starlink, which operates in Brazil. According to court filings, the STF considered SpaceX and X to be related parties that collaborated on Starlink.

At that time, Musk wrote on X that he would seek reciprocal seizure of government assets if the Brazilian government did not return the illegally seized property of SpaceX.

As leader of the STF, de Moraes has consistently advocated for federal laws to control hate speech and misinformation on the internet. However, his stance has faced opposition from tech corporations, far-right politicians in the country, including former President Jair Bolsonaro and his supporters.

Lula da Silva is currently leading in the 2022 presidential election, with Bolsonaro under investigation for allegedly orchestrating a coup.

Despite calling for retribution against de Moraes and Lula, Musk has praised Bolsonaro for years and worked with him to authorize SpaceX to deliver satellite internet services commercially in Brazil in 2022.

Despite his self-proclaimed status as a free speech advocate, Musk's actions suggest otherwise. Under his leadership, X removed content critical of ruling parties in Turkey and India at the government's request. In 2023, X complied with over 80% of government takedown requests, according to an analysis by Rest of World.

Competition for X in Brazil has intensified due to the popularity of social apps such as Meta-owned Threads and Bluesky, which gained traction during its suspension.

In Brazil, eSpace, a French-American company, is competing with Starlink for satellite internet services after gaining permission from Anatel this year.

The enforcement actions of the STF against X are likely to alter how large technology companies perceive the court, according to Lukas Darien, an attorney and law professor at Brazil's Facex University Center.

"The law remains unchanged, but big tech companies are now aware that they will be held accountable regardless of their size and influence in the country."

On Friday, Musk and X's representatives did not promptly respond to a request for comment.

Late Thursday, X Global Government Affairs posted the following statement:

"We recognize and respect the sovereignty of the countries in which we operate while being committed to protecting free speech within the boundaries of the law. We believe that the people of Brazil having access to X is essential for a thriving democracy, and we will continue to defend freedom of expression and due process of law through legal processes."

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