The X-Files: Recent International Troubles for the Social Media Platform

The social media website X, alongside its controversial owner Elon Musk, has recently entered a turbulent legal period across the world. Since August 31, 2024, it has been banned in Brazil after Musk opted to close X’s offices there rather than comply with a Supreme Court order. Meanwhile, in the European Union, the European Commission published preliminary findings discerning that X was in violation of the Digital Services Act (DSA). This paints a concerning picture of X’s longevity in international markets. 

Musk bought X, at the time known as Twitter, in 2022. Since then, the platform has been enmeshed in a variety of legal and financial turmoil, the most recent of which occurred in Brazil. There, the X ban is the culmination of a legal battle between Musk and Judge Alexandre de Moraes. Since the Brazilian presidential election in 2022, de Moraes has been empowered by federal authorities to order social media platforms to remove posts that he deems dangerous to democracy, which includes disinformation. 

de Moraes required at least 19 accounts to be blocked on those grounds, many of which were right leaning. When X refused, fines were levied, along with the potential arrest of X’s legal representative in Brazil. Musk then decided to close X’s offices in Brazil. However, Brazilian law requires a company to have a physical presence in the nation. The judge’s decision states that until the fines are paid and the other orders complied with, including reinstating a physical legal representative, X will be suspended in Brazil. 

The ban is executed by the president of the National Telecommunications Agency (Anatel). It is further complicated by orders preventing users from accessing X through a virtual private network (VPN) by fining them nearly $9,000. de Moraes also froze the finances of another of Musk’s companies, Starlink, in Brazil in attempts to extract the fines against X.  It is unclear when, or if, Musk will comply with the orders.

Across the Atlantic, a ban is unlikely in the EU, but X isn’t escaping responsibility. The European Commission published preliminary papers in July finding X violated provisions of the DSA. Among other goals, the DSA sets standards for large online platforms—which X is considered as—in order to protect users. 

Three critiques were mentioned in the findings. The first pertains to the deception of users through the ability to buy “verified” accounts, since X’s “Blue checkmark” traditionally represents accounts’ authenticity but now users may be confused. The subsequent allegations include a lack of advertising transparency and a failure to allow researchers access to its public data. The EU would be within its legal right to ban the company in similar manner to Brazil. Although no punishments have been set yet, the DSA permits fines of up to 6% of a company’s global revenue, which would be substantial for X.

Through the ban in Brazil and the preliminary findings in the E.U., X may be entering an uncertain period. 

Article Written by Leah Ross

 

Sources:

Agence-France Presse, Like Brazil, the European Union also has an X problem, (Sept. 9, 2024), available at https://www.france24.com/en/live-news/20240905-like-brazil-the-european-union-also-has-an-x-problem

Associated Press, With Musk’s X banned in Brazil, its users carve out new digital homes, CNBC (Sept. 5, 2024), available at https://www.cnbc.com/2024/09/05/with-musks-x-banned-in-brazil-its-users-carve-out-new-digital-homes.html

European Commission, Commission sends preliminary findings to X for breach of the Digital Services Act, (July 12, 2024), available at https://ec.europa.eu/commission/presscorner/detail/en/IP_24_3761

European Commission, The Digital Services Act package, (last visited Sept. 10, 2024), available at https://digital-strategy.ec.europa.eu/en/policies/digital-services-act-package

European Commission, Questions and answers on the Digital Services Act, (Feb. 23, 2024), available at https://ec.europa.eu/commission/presscorner/detail/en/QANDA_20_2348

Falcão, Márcio, Moraes dá 24h para Musk indicar novo representante do X no Brasil, sob pena de suspensão da rede social, g1 (Aug. 28, 2024), available at https://g1.globo.com/politica/noticia/2024/08/28/moraes-ta-determinando-que-musk-indique-novo-representante-no-brasil-ou-pode-suspender-a-rede.ghtml  

Jack Nicas & Kate Conger, Brazil Blocks X After Musk Ignores Court Orders, N.Y. Times (Aug. 30, 2024), available at https://www.nytimes.com/2024/08/30/world/americas/brazil-elon-musk-x-blocked.html

Jack Nicas, Elon Musk Closes X Office in Brazil Over Fight With Judge, N.Y. Times (Aug. 18, 2024), available at https://www.nytimes.com/2024/08/18/world/americas/elon-musk-x-brazil.html

Jack Nicas, To Fight Lies, Brazil Gives One Man Power Over Online Speech, N.Y. Times (Oct. 21, 2022), available at https://www.nytimes.com/2022/10/21/world/americas/brazil-online-content-misinformation.html

Supremo Tribunal Federal, STF determina suspensão do X, antigo Twitter, em todo o território nacional, (Aug. 30, 2024), available at https://noticias.stf.jus.br/postsnoticias/stf-determina-suspensao-do-x-antigo-twitter-em-todo-o-territorio-nacional-2/