In Brazil, there is a possibility that SpaceX’s satellite Internet service “Starlink” will be blocked following the social network service platform X. Both X and Starlink operators are managed by Elon Musk, a U.S. billionaire. According to local media G1 on the 2nd (local time), Anatel, a licensing, regulatory and supervisory authority related to broadcasting and telecommunications in Brazil, said that only Starlink among telecommunications and Internet operators in Brazil has no intention of following the Supreme Court’s order to block X. Anatel said, “We are monitoring Brazilian telecommunications operators to check whether they have blocked X,” and added, “We have made a position that we will not comply with the decision to block X only in the case of Starlink.”
As a result, some predict that Starlink could also be subject to sanctions. G1 reported that authorities could revoke Starlink’s operating license in Brazil. Starlink has already been frozen in Brazil following the Supreme Court’s decision.
Brazil’s Supreme Court justices, who function similarly to the Korean Constitutional Court, ruled that all five had no problem with the X-blocking decision.
Earlier, Justice Alessandri Zimorais, a member of the first division, ordered X to block certain accounts, saying that there was an unconstitutional element in the actions of the so-called “digital militia” accused of spreading fake news and hate messages under former President Jair Bolsonaro’s rule, but X has not responded for months and has not appointed a Brazilian legal representative. Later, when Justice Zimorais imposed a fine for refusing to comply with the court order, X refused to comply, saying, “Guarantee freedom of expression.” So far, the fine that X has not paid is estimated to be 18.35 million reais.
Accordingly, the Supreme Court ordered the broadcasting and telecommunications authorization, regulatory and supervisory authority Anatel to impose a 50,000 real fine if an individual or a company detects X bypass access through VPN. It also ordered the freezing of Starlink accounts.
Justice Flavino Zinu, who voted in favor of Justice Zimorice’s decision, criticized X for “putting himself above the rule of law,” referring to his deliberate disregard of court orders in Brazil. “Freedom of expression is a fundamental right linked to the duty of responsibility,” he said. “Economic power and bank account size are not absurd reasons for jurisdiction immunity.” He also suggested that the Supreme Court’s decision could change in the future if the company corrects illegal activities.
The Supreme Court justices, who expressed their opinion that X-blocking is not a problem, also criticized CEO Musk for “confusing freedom of attack that cannot be established in a democratic society with freedom of expression” and “willfully mixing constitutional bans on hate speech with censorship.”
On the other hand, CEO Musk criticized Supreme Court Justice Jimorice again on the day. On his X account, he posted photos of Supreme Court Justice Jimorice and other posts such as “It’s only a matter of time before this criminal gets imprisoned,” “Dictator of Brazil,” and “Fake Judge.” Until now, CEO Musk had criticized the Brazilian Supreme Court’s ruling as an authoritarian crusade that silenced conservative voices and suppressed freedom of expression.
Meanwhile, Brazilian President Luiz Inacio Lula Dasouva expressed satisfaction with the Supreme Court’s decision in an interview with CNN Brazil, saying, “The Brazilian judiciary sent an important signal that the international community has no reason to tolerate Musk’s extreme right ideology just because he is rich.”
JULIE KIM
US ASIA JOURNAL
