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Brazil's conservative Partido Novo seeks to reverse ban on
X
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Party also questions freeze on accounts of Musk's Starlink
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Supreme Court justice to take X challenge to panel or
dismiss
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Brazil Bar Association questions fining those accessing X
by VPN
By Luciana Magalhaes and Ricardo Brito
SAO PAULO, Sept 5 (Reuters) - A conservative party in
Brazil is seeking to reverse a judge's ban on Elon Musk's X
platform, potentially escalating the months-long feud over
censorship and hate speech in South America's largest country.
Partido Novo's challenge of the decision by Supreme Court
Justice Alexandre de Moraes barring the popular social media
site will be taken up by another top court judge, complicating
the high-stakes row with the billionaire's business empire.
"This is about freedom of expression - we want X back to
normal in Brazil," Jonathan Mariano, a federal prosecutor and
Partido Novo candidate for Rio de Janeiro's city council, told
Reuters.
Moraes last week ordered X blocked in its sixth-biggest
market after the platform, formerly Twitter, failed to comply
with orders to block some accounts accused of spreading "fake
news" and hate messages that the judge said were a threat to
democracy. He also froze the assets of Musk's Starlink satellite
broadband firm for possible use to pay fines owed by X.
Musk, who has called Moraes a "dictator," accused him of
"shutting down the #1 source of truth in Brazil." X has shut its
Brazil offices over what it called "censorship" by the judge.
Partido Novo sought a court injunction this week to halt
Moraes' ban of X, saying it was unconstitutional. The party also
questioned the freezing of Starlink assets, arguing that the two
firms are separate entities.
Moraes declined to comment on Wednesday about the party's
challenges. Musk, his lawyer and Starlink did not respond to
repeated requests for comment this week.
COURT CHALLENGE EXPECTED TO MOVE QUICKLY
Partido Novo's request will be taken up by Justice Kassio
Nunes Marques, who was appointed by far-right former President
Jair Bolsonaro. He is expected to take the case to a wider court
panel or dismiss it.
No date has been set for a decision, but Marques is expected
to move quickly, given the reverberations from Moraes' moves
against Musk's entities. Marques could not immediately be
reached for comment.
Musk, in addition to owning X and 40% of Starlink parent
SpaceX, is the CEO of electric vehicle giant Tesla.
Brazil's leftist President Luiz Inacio Lula da Silva has
backed Moraes' decision to suspend X, saying, "Just because a
guy has a lot of money doesn't mean he can disrespect" the law.
Musk derided the president as Moraes' "lapdog."
Moraes' decision was backed by one of the Supreme Court's
two panels, although some experts said a wider consensus should
have been sought.
"Such a controversial issue should have been debated by all
11 justices, not just by half of them," said Sao Paulo-based
constitutional lawyer Vera Chemim, who argued the case boils
down to a battle for power between Musk and Moraes.
Chemim said the freezing of Starlink's accounts violates
Brazilian law and should be immediately reversed.
But a former Supreme Court chief justice, Carlos Ayres
Britto, disagreed. "X and Starlink are tentacles of the same
octopus, they form an economic group," he said.
Partido Novo is not the only group questioning Moraes'
decision. Brazil's Bar Association has also asked the Supreme
Court to reverse Moraes' order to fine Brazilians 50,000 reais
($8,900) a day for using VPNs to access X in the country.
The association argued that imposing fines violates the
constitutional principles of separation of powers, full defense
and due process.