Bloqueios

X Case

Non-compliance with court order to remove profiles

2024/08/30 | Blocked

On August 30, 2024, Supreme Court Justice Alexandre de Moraes ordered the blocking of X (formerly Twitter) in Brazil after the company failed to respond to several judicial orders involving content removal in Brazil.

BLOCKING ORDER

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Judicial Body
Federal Supreme Court
Judge
Alexandre de Moraes
Date of Decision
August 30th 2024
Type of Block
Indefinite period
Case Number
Pet 12.404

CASE ANALYSIS

On August 30, 2024, Supreme Court Justice Alexandre de Moraes ordered the blocking of X in Brazil. The decision came after the platform refused to comply with orders to block seven X accounts that were, according to the Court, carrying out acts of intimidation and exposure of law enforcement officers. These orders were issued in the Petition 12.404/DF. In a decision from August 28, 2024, Justice Alexandre de Moraes had ordered the company to designate a new legal representative in the country, under penalty of temporary suspension of activities. Moraes’s decision was not complied with, and the Justice ordered: (i) the immediate suspension of the platform’s operations; (ii) the notification of Apple and Google in Brazil, as well as companies managing backbone access services in the country, and internet service providers, both mobile and fixed, to remove the X platform from their stores, as well as any applications enabling the use of VPNs (virtual private networks); (iii) the imposition of a fine of R$50,000 on individuals and legal entities that use other tools to continue accessing the blocked platform. However, in a new decision on August 30, Alexandre de Moraes suspended the enforcement of item (ii) until further notice from the parties. The Justice’s decision was based on Article 12, III, of the Brazilian Internet Civil Rights Framework (Law No. 12.965/2014), which provides for the possibility of immediate suspension of platform activities in case of non-compliance with a court order.

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