Brazil Supreme Court panel unanimously upholds judge's decision to block X nationwide

RIO DE JANEIRO (AP) — A Brazilian Supreme Court panel on Monday unanimously upheld the decision of one of its justices to block billionaire Elon Musk’s social media platform X nationwide, according to the court’s website.

The broader support among justices undermines the effort by Musk and his supporters to cast Justice Alexandre de Moraes as an authoritarian renegade who is intent on censoring political speech in Brazil.

The panel that voted in a virtual session was comprised of five of the full bench’s 11 justices, including de Moraes, who last Friday ordered the platform blocked for refusing to name a local legal representative, as required by law. It will stay suspended until it complies with his orders and pays outstanding fines that as of last week exceeded $3 million, according to his decision.

The platform has clashed with de Moraes over its reluctance to block users, and has alleged that de Moraes wants an in-country legal representative so that Brazilian authorities can exert leverage over the company by having someone to arrest.

De Moraes also set a daily fine of 50,000 reais ($8,900) for people or companies using virtual private networks, or VPNs, to access X. Some legal experts questioned the grounds for that decision and how it would be enforced, including Brazil’s bar association, which said it would request the Supreme Court review that provision.

But the majority of the panel upheld the VPN fine — with one justice opposing unless users are shown to be using X to commit crimes.

Brazil is one of the biggest markets for X, with tens of millions of users. Its block marked a dramatic escalation in a monthslong feud between Musk and de Moraes over free speech, far-right accounts and misinformation.

Over the weekend, many X users in Brazil said they felt disconnected from the world and began migrating en masse to alternative platforms, like Bluesky and Threads.

The suspension has also proceeded to set up a showdown between de Moraes and Musk’s satellite internet provider Starlink, which is refusing to enforce the justice's decision.

“He violated the constitution of Brazil repeatedly and egregiously, after swearing an oath to protect it,” Musk wrote in the hours before the vote, adding a flurry of insults and accusations in the wake of the panel's vote. On Sunday, Musk announced the creation of an X account to publish the justice’s sealed decisions that he said would show they violated Brazilian law.

But legal experts have said such claims don't hold water, noting in particular that de Moraes' peers have repeatedly endorsed his rulings — as they did on Monday. Although his actions are viewed by experts as legal, they have sparked some debate over whether one man has been afforded too much power, or if his rulings should have more transparency.

De Moraes' decision to quickly refer his order for panel approval served to obtain “collective, more institutional support that attempts to depersonalize the decision,” Conrado Hübner, a constitutional law expert at the University of Sao Paulo, told The Associated Press.

It is standard for a justice to refer such cases to a five-justice panel, Hübner said. In exceptional cases, the justice also could refer the case to the full bench for review. Had de Moraes done the latter, two justices who have questioned his decisions in the past — and were appointed by former right-wing President Jair Bolsonaro — would have had the opportunity to object or hinder the vote’s advance.

X's block already led de Moraes last week to freeze the Brazilian financial assets of Starlink as a means to force it to cover X’s fines, reasoning that the two companies are part of the same economic group. The company says it has more than 250,000 clients in Brazil.

Legal experts have questioned the legal basis of that move, and Starlink's law firm Veirano has told the AP it has appealed the freeze. It declined to comment further.

In a show of defiance, Starlink informally told the telecommunications regulator Anatel that it will not block X access until its financial accounts are unfrozen, Anatel's press office said in an email to the AP. Starlink didn't respond to a request for comment.

“If I’m not mistaken, it was a WhatsApp message that the legal representative of Starlink sent to the president of Anatel, forwarding a message from the company in the United States,” said Arthur Coimbra, a board member of Anatel, on a video call from his office in Brasilia.

That communication doesn’t hold legal value as conclusive evidence of non-compliance but prompted the telecommunications regulator to conduct inspections on Monday.

Coimbra said Anatel would finish an inspection report by the end of the day and then send it to the Supreme Court. He added that the maximum sanction for a telecom company would be revocation of its license. If Starlink loses its license and continues providing service, it would be committing a crime. Anatel could seize equipment from Starlink’s ground stations in Brazil that ensure the quality of its internet service, he said.

The ground stations receive and transmit data between satellites and the Earth. When a user accesses the internet via satellite, the data request is sent to the satellite, which then forwards it to the ground station connected to the global internet network.

That means a shutdown of Starlink is likely, although enforcement will be difficult given the company's satellites aren’t inside national territory, said Luca Belli, coordinator of the Technology and Society Center at the Getulio Vargas Foundation. It is popular in Brazil's expansive rural and forested areas.

Anatel’s President Carlos Baigorri told local media GloboNews late Sunday afternoon that he has relayed Starlink’s decision to Justice de Moraes.

“It is highly probable there is a political escalation," because Starlink is "explicitly refusing to comply with orders, national laws,” said Belli, who is also a professor at the Getulio Vargas Foundation's law school.

The arguments from Musk, a self-proclaimed “free-speech absolutist," have found fertile ground with Brazil’s political right, who view de Moraes’ actions as political persecution against Bolsonaro's supporters.

On Brazilian orders, X previously has shut down accounts including of lawmakers affiliated with Bolsonaro’s right-wing party and far-right activists accused of undermining Brazilian democracy. X’s lawyers in April sent a document to the Supreme Court, saying that since 2019 it had suspended or blocked 226 users.

Bolsonaro and his allies have cheered on Musk for defying de Moraes. Supporters rallied in April along Rio de Janeiro’s Copacabana beach with a giant sign reading “Brazil Thanks Elon Musk."

Earlier that month, de Moraes ordered an investigation into Musk over the dissemination of defamatory fake news and another probe over possible obstruction, incitement and criminal organization.

Bolsonaro is also the target of a de Moraes probe over whether the former president had a role in inciting an attempted coup to overturn the results of the 2022 election that he lost.

Sá Pessoa reported from Sao Paulo.

Lady Justice stands outside the Supreme Court in Brasilia, Brazil, Monday, Sept. 2, 2024. (AP Photo/Eraldo Peres)

Ana Claudia, a salesperson at a cell phone case store located inside the bus station, shows the last X post she received before the social media platform was blocked nationwide in Brasilia, Brazil, Monday, Sept. 2, 2024. (AP Photo/Eraldo Peres)

An ad by Valor media shows a photo of Elon Musk at a shopping center in Brasilia, Brazil, Monday, Sept. 2, 2024. The sign reads in Portuguese: "Musk creates profile on X against Moraes to leak confidential decisions of the Supreme Court," referring to Supreme Court Justice Alexandre de Moraes who ordered the platform blocked for having failed to name a local legal representative as required by law. (AP Photo/Eraldo Peres)

FILE - Tesla and SpaceX chief executive officer Elon Musk listens to a question as he speaks at the SATELLITE Conference and Exhibition in Washington, March 9, 2020. (AP Photo/Susan Walsh, File)

FILE - The Supreme Court headquarters stands in Brasilia, Brazil, March 20, 2024. (AP Photo/Eraldo Peres, File)

NICE, France (AP) — At least eight people died during a failed attempt to cross the English Channel from northern France, French maritime authorities said Sunday.

The incident occurred Saturday just before midnight when authorities spotted a boat, carrying dozens, in distress near a beach in the northern town of Ambleteuse.

A French rescue ship was deployed to the area and rescue services offered medical assistance to 53 migrants on the beach, a statement from the French maritime authorities in charge of the Channel and the North Sea said.

“Despite the emergency care provided, eight people have died,” the statement said.

No people were discovered during the search at sea, it added.

Six people were taken to hospital “in relative emergency,” including a 10-month-old baby with hypothermia, Jacques Billant, the Pas-de-Calais prefect, told French media on Sunday. He said survivors of the accident come from Eritrea, Sudan, Syria, Afghanistan, Egypt and Iran.

Survivors of the tragedy have been taken to the sports hall in Ambleteuse, according to a statement from the prefecture of Pas-de-Calais region. Prosecutor's office in Boulogne-sur-mer has opened an investigation into the accident.

The incident Saturday occurred nearly two weeks after a boat carrying migrants ripped apart in the English Channel as they attempted to reach Britain from northern France, plunging dozens into the treacherous waterway and leaving 13 dead, officials said.

British officials were quick to express sadness over another English Channel incident.

“It’s awful,’’ Foreign Secretary David Lammy told the BBC. “It’s a further loss of life.”

The new Labour Party government has pledged to crack down on criminal gangs plying the channel trade and had discussed with European partners “how we go after those gangs, in co-operation upstream.’’

UK Prime Minister Keir Starmer will be in Italy on Monday for talks with counterpart Giorgia Meloni about her efforts to tackle the problem “and the work they have done, particularly, with Albania.’’

Starmer is interested the policy, under which Tirana will accept asylum seekers on Italy’s behalf while their claims are processed.

On Saturday, French coast guard and navy vessels rescued 200 people from the treacherous waters in the Pas-de-Calais area, according to a report sent by French maritime authorities in charge of the Channel and the North Sea.

They said they observed 18 attempts of boat departures from France to Britain on Saturday.

Before Saturday’s accident, at least 43 migrants had died or gone missing while trying to cross to the U.K. this year, according to the International Organization for Migration.

In July, four migrants died while attempting the crossing on an inflatable boat that capsized and punctured. Five others, including a child, died in another attempt in April. Five dead were recovered from the sea or found washed up along a beach after a migrant boat ran into difficulties in the dark and winter cold of January.

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Associated Press Danica Kirka in London contributed to this report.

FILE - A boat thought to be with migrants is escorted by a vessel from the French Gendarmerie Nationale off the Wimereux beach, France, Sept. 4, 2024. (AP Photo/Nicholas Garriga, File)

FILE - A vessel of the French Gendarmerie Nationale patrols in front of the Wimereux beach, France, Wednesday, Sept. 4, 2024. (AP Photo/Nicholas Garriga, File)

A least 8 people have died trying to cross the English Channel, French authorities say

A least 8 people have died trying to cross the English Channel, French authorities say

FILE - A view of one of the vessels from the French Gendarmerie Nationale in the port of Boulogne-Sur-Mer, France, Tuesday, Sept. 3, 2024, after participating in the rescue operation after a boat carrying migrants ripped apart attempting to cross the English Channel. (AP Photo/Nicolas Garriga, File)