The billionaire is under investigation in Brazil for instigation to disobedience and incitement to crime.

The world’s wealthiest man is locked in a tense standoff with a Brazilian Supreme Court judge over moderation on the social media platform X, formerly known as Twitter. The conflict between Elon Musk and Justice Alexandre de Moraes has escalated to include SpaceX's Starlink, another of Musk's ventures, which has had its finances frozen by the court.

The conflict is actually a rooted in an April 2024 decision of Judge Moraes to launch an investigation into the conduct of Musk. The latter was accused of “instigation to disobedience and …the crimes of obstruction of justice, including in a criminal organization (art. 359 of the Penal Code and art. 2, § 1, of Law 12,850/13) and incitement to crime (art. 286 of the Penal Code).”

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Moraes has threatened to suspend X nationwide if Musk fails to comply with his orders by Friday. Musk has fired back, labeling de Moraes a “tyrant” and “dictator,” among others, and continuing to attack the Brazilian judge in a series of X posts.

On Thursday, 29 August, Brazil appeared poised to suspend X after the platform missed a court-mandated deadline to appoint a legal representative in the country by 8:07 p.m. local time (23:07 GMT). Brazilian law requires internet companies to have a legal representative to receive legal notifications and take necessary actions.

Earlier this month, X removed its legal representative in Brazil after de Moraes threatened her with arrest, and the judge demanded Musk to appoint a new one by the deadline, or else the platform would face shutdown.

Musk responded defiantly to the judge’s order, attacking de Moraes on X, calling him “an outright criminal of the worst kind, masquerading as a judge.”

The dispute centers on whether de Moraes has the authority to order X to block certain accounts accused of spreading misinformation. Musk has criticized these orders as censorship. Most of the targeted accounts are linked to supporters of former populist president Jair Bolsonaro, who challenge the results of his 2022 election defeat.

Musk vowed to reactivate the accounts and accused de Moraes of suppressing free speech, prompting the judge to open an investigation into Musk for spreading fake news and obstruction.

In a related move, Brazil has also frozen the finances of Starlink, Musk's satellite internet company. Starlink confirmed that it received an order from de Moraes preventing financial transactions in Brazil. The company argued that the order unjustly holds Starlink responsible for fines imposed on X, which it claims were unconstitutional.

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After missing the deadline to name a legal representative, X issued a statement expecting its service to be suspended in Brazil. "Unlike other social media and technology platforms, we will not comply in secret with illegal orders," the statement read. X reaffirmed its commitment to free speech for users in Brazil and worldwide.

As many as 24.3 million people in Brazil use X, which serves as a vital communication tool, especially for politicians.

Earlier in August, British officials accused Elon Musk of playing a role in the dissemination of false information that led to mass riots and deaths in the United Kingdom. No criminal charges have been filed against the billionaire so far.

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