Supreme Court Begins Hearing X Social Media’s Appeals Against Account Suspensions Amid Ongoing Legal Tensions

The 1st Panel of the Supreme Federal Court (STF) began to judge on Friday (30) appeals filed by social media X against decisions by Minister Alexandre de Moraes to suspend user accounts on the platform. Moraes voted to reject the appeals, arguing that the company does not have the standing to file a lawsuit on behalf of third parties; in other words, the company lacks legitimacy to act for those whose profiles have been blocked. The other ministers have not yet spoken.

“In this context, and in light of the considerations presented, it is inadmissible for the appellant to oppose the enforcement of the blocking of channels/profiles/accounts, pursuant to the decision rendered in these records, since it concerns the rights of third parties under investigation, and because it does not allow for appeals through the chosen means,” Moraes stated in his vote.

The minister also reiterated that freedom of expression is constitutionally protected, but that the exercise of this right cannot be used as a “protective shield for illegal activities” and that freedom of expression is bounded by freedom and responsibility.

“Freedom of expression is not to be confused with impunity for aggression,” he wrote. “Therefore, once the exercise of freedom of expression is criminally distorted, the Federal Constitution and the legislation allow for civil and criminal repressive measures, both precautionary and definitive,” he added.

The 1st Panel of the STF consists of the ministers: Cármen Lúcia, Luiz Fux, Flávio Dino, Cristiano Zanin, and Alexandre de Moraes.

The judgment of the appeals takes place amid a crisis between Minister Alexandre de Moraes and the platform. On Wednesday night (28), the minister gave Elon Musk, the owner of social media X, 24 hours to name the company’s legal representative in Brazil, threatening to suspend the operation of the social media throughout the country. The summons was made by the platform, through the official profile of the Supreme Court.

After the deadline granted by Moraes expired, on Thursday night (29), the company released a statement on its social media claiming that it did not comply with the STF’s order, and that, therefore, “soon” the service may be blocked in Brazil.

In parallel, Moraes also ordered the blocking of accounts of the company Starlink, which also belongs to the billionaire. This measure was adopted to ensure the payment of fines imposed on the platform. Starlink operates in Brazil selling satellite internet services. The decision was made on August 18, but was only published on Thursday (29).

In a statement sent by social media X, the company Starlink classified the blocking of its assets imposed by Moraes as an “illegal request” from an “unfounded” decision and stated that the fines imposed on X are unconstitutional. To its clients, the company stated that it may offer services for free if necessary.