Starlink, the satellite internet service by Elon Musk, has recently changed its position and stated on a Tuesday that it will respect a decision of the Brazilian Supreme Court on blocking the social network X (ex. Twitter). According to Euro News, the decision is a major turnaround in a tradition after been involved in X failure to appoint a legal representative in the country wanted by top judge Alexandre de Moraes to issue a ruling that required a nationwide ban of X.
Last week, De Moraes and his direct control froze all Starlink’s assets to satisfy potential fines that X has incurred and which amount to over $3 million (€2. 7 million). The judge argued that Starlink and X belong to the same economic group, though Musk insisted that the companies had different shareholders. First, Starlink privately told Brazil’s telecommunications regulator, Anatel, that it would not commit to hooking up Brazil unless De Moraes changed his mind.
However, Starlink’s statement on Tuesday acknowledged the order. Although Starlink faces illegitimate actions to freeze the firm’s assets, we are following the order to restrict getting to X in Brazil. The company stated the legal path it desires to take while at the same time lamenting on De Moraes’ order as unconstitutional in Brazil.
Legal Tensions Between X and Brazil’s Judiciary
Musk and his companies have been in a constant conflict with the Brazilian judiciary, especially regarding the X’s unwillingness to ban far-right activists in the country accused of subverting democracy in Brazil. X has also avoided making a legal representation in the country, a step De Moraes has said is crucial in putting pressure on the platform. Musk has recently gone after De Moraes on X calling him a disgrace to judges robes only few hours to the Starlink compliance announcement.
Some legal analysts have challenged the rationale used to freeze Starlink’s assets writing that SpaceX, which is the parent company to Starlink, has no operational link with the X organization. Nevertheless, De Moraes continued to stand by his order meaning that the only way Starlink could avoid having its assets seized include in Brazil ground equipment was to obey.
If Starlink had persisted to disregard the court’s orders, Anatel could have confiscated the tools of the 23 ground stations through which Starlink replicates the satellite internet across the nation. Arthur Coimbra, a board member at Anatel, stated that such an action was plausible if Starlink failed to block X.
Starlink’s Presence and Impact in Brazil
Starlink’s obedience to the court order would allow customers in Brazil to rejoice especially more than a quarter of million users who have benefited specially in the rural areas where internet connectivity has been slow and often interrupted. Starlink has provided easy to install kits that has changed connectivity of indigenous peoples and riverine communities in the Amazon.
The project known as Forest People Connection which involves Musk donated Starlink terminals avails internet connection to over 1,000 deprived communities for remote consultation and emergency calls such as telemedicine. However, this change in connectivity has opened up the area for unlawful use like the practice of gold mining in Amazon.
However, in Brazil, Starlink has established its presence, but has a negligible market share as per Anatel and it stands at only 0.5% presently. Starlink had been promoted earlier this year by Musk as part of a plan to work with former President Jair Bolsonaro to connect 19,000 schools with his satellite terminals. By March 2023, only three terminals have been deployed in the Amazon schools for the trial purpose while no contract has been inked with the ministry of communications of Brazil.
End Note
Finally, the compliance of Starlink with the order of Brazil’s Supreme Court shows that Musk’s companies have a rather ambiguous position in relation to the Brazilian authorities. As we know, Starlink expands its coverage in Brazil and legal actions and political conditions will define the future of Starlink. Thus, despite the densification of the Starlink service throughout the globe, including in rather ‘remote’ regions of Brazil, the company’s market share remains rather small.