Will Starlink Also Be Blocked After Brazil Blocks X? Supreme Court Rules "No Problem Blocking X" (Summary)

In Brazil, following the social networking service (SNS) platform X (formerly Twitter), there is a possibility that the satellite internet service 'Starlink' operated by the space company SpaceX could also be blocked. Both X and Starlink are managed by Elon Musk, the American billionaire CEO.

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On the 2nd (local time), according to local media G1 and others, Anatel, Brazil's broadcasting and telecommunications licensing, regulation, and supervisory agency, publicly stated that among communication and internet service providers in Brazil, only Starlink has no intention of complying with the Federal Supreme Court's order to block X. Anatel said, "We are monitoring whether Brazilian communication service providers have blocked X," and added, "Only in the case of Starlink has there been a stance not to comply with the decision to block X."

Accordingly, there is a prospect that Starlink could also become a target of sanctions. G1 reported that authorities may revoke Starlink's operating license in Brazil. Starlink has already had its accounts frozen in Brazil following the Supreme Court's decision.

The Federal Supreme Court's First Chamber justices, who perform functions similar to those of the Constitutional Court of Korea, unanimously ruled that there is no problem with the decision to block X.

[Image source=Reuters Yonhap News]

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Previously, Justice Alexandre de Moraes of the First Chamber ordered X to block specific accounts related to the so-called 'digital militias,' accused of spreading fake news and hate messages during former President Jair Bolsonaro's administration, citing unconstitutional elements in their actions. However, X has not complied for several months and has not appointed a legal representative in Brazil. After Justice de Moraes imposed fines for non-compliance with the court order, X still refused to comply, claiming "guarantee of freedom of expression." The unpaid fines by X amount to 18.35 million reais (approximately 4.36 billion KRW).

Accordingly, the Supreme Court ordered Anatel, the broadcasting and telecommunications licensing, regulation, and supervisory agency, to impose fines of 50,000 reais (approximately 12 million KRW) for individuals or companies detected bypassing X via virtual private networks (VPNs). It also ordered the freezing of Starlink's accounts.

Justice Fl?vio Zanini, who voted in favor of Justice de Moraes' decision, criticized X for deliberately ignoring court orders in Brazil, stating that it "places itself above the rule of law." He emphasized, "Freedom of expression is a fundamental right connected to the duty of responsibility," and "economic power and the size of bank accounts are not absurd grounds for jurisdictional immunity." He also suggested that if the company corrects its illegal actions, future Supreme Court decisions could change.

The justices who expressed that blocking X is not problematic criticized CEO Musk on the same day, saying he "confuses the freedom to attack, which cannot be tolerated in a democratic society, with freedom of expression," and "deliberately mixes constitutional bans on hate speech with censorship," while emphasizing their commitment to protecting Brazil's judicial system.

On the other hand, CEO Musk continued to launch harsh criticisms at Justice de Moraes on the same day. On his X account, he posted a photo of Justice de Moraes along with comments such as "It's only a matter of time before this criminal is jailed," "Brazil's dictator," and "fake judge." Musk has previously criticized the Brazilian Supreme Court's rulings as an authoritarian crusade suppressing conservative voices and freedom of expression.

Meanwhile, Brazilian President Luiz In?cio Lula da Silva expressed satisfaction with the Supreme Court's judgment in an interview with CNN Brazil, evaluating that "the judiciary sent an important signal that the international community has no reason to tolerate Musk's far-right ideology just because he is wealthy."

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