Social media platform X, formerly known as Twitter, faces a potential ban in Brazil after missing a 24-hour court deadline to appoint a new legal representative for its operations in the country.

On August 28, Brazil's Supreme Federal Court (STF) Justice Alexandre de Moraes directed owner Elon Musk to designate a new X representative in Brazil within 24 hours, warning of potential suspension of the social network's operations if the directive is not followed.

Earlier this month, the self-described "free speech absolutist" billionaire shuttered X's Brazilian office after claiming to receive threats of arrest directed at its previous representative. As of today, X remains accessible but no longer retains legal counsel in the country.

In an unusual move, De Moraes instructed the STF secretariat to notify the businessman via electronic channels.

The STF's official X account issued the summons on the platform, replying to X's corporate profile. The post also tagged Musk's personal account.

In a statement on August 30, X's Global Government Affairs team said they expected an impending shutdown order from Judge de Moraes. The firm contends that the judge's demands for censorship of political opponents are illegal and contrary to Brazilian law.

"Unlike other social media and technology platforms, we will not comply in secret with illegal orders," the statement added.

MUSK VS MORAES FEUD

X has said it faces censorship in Brazil and has repeatedly clashed with de Moraes over free speech and content moderation.

In April, de Moraes initiated investigations into Musk regarding the spread of allegedly defamatory fake news and potential obstruction, incitement, and criminal organisation mostly linked to accounts owned by sympathisers of former president Jair Bolsonaro.

Brazil's conservatives have criticised de Moraes for what they view as an overreach of his authority to curb free expression, while the judge's supporters maintain his actions are lawful, backed by the court majority, and necessary to safeguard democracy.

But free speech protections in Brazil differ from those in the US, where constitutional rights are more expansive.

SUBPOENA POSTED ON X

Legal specialists have criticised Moraes' subpoena delivered to Musk via X as atypical and potentially unlawful, Estadao reported.

Constitutional lawyer Andre Marsiglia argues the subpoena is invalid, stating that Brazilian law requires foreign citizens to be served through a letter rogatory, not electronically.

The lawyer contends any suspension of X resulting from non-compliance would be, therefore, illegal.

The Superior Court of Justice (STJ) has previously ruled against citations via social media, citing a lack of legal basis.

STJ Minister Nancy Andrighi pointed out that existing laws provide for "alternative delivery methods" when personal service is impossible.

However, Procedural law expert Ludgero Liberato noted that social media subpoenas "cannot guarantee receipt by the intended recipient," and suggested that without conclusive proof of Musk's awareness, the action may not be valid.