Journalist Michael Shellenberger had initially posted to X: "The STF and Dictator Alexandre de Moraes say they will no longer try to impose a fine of R$50,000.00/day on Brazilians who use VPNs to access X! Share the news! Brazilians are safe to be in X! Dictator Moraes has backed down!"
He then corrected his initial reporting: "I have deleted an earlier post about Brazil's Supreme Court decision. I based it on the reporting of Jota, one of Brazil's most respected legal publications. Jota, without explanation, deleted the paragraphs saying that Brazilians would not be fined for using X."
The other justices on the Supreme Court unanimously upheld a decision by Moraes to suspend X in Brazil after Elon Musk refused to pay fines that were imposed on his company for refusing to block accounts deemed as "spreading misinformation" by the Brazilian government. He also refused to appoint legal representation for X in the country and closed its headquarters there.
Brazilian outlet JOTA first reported: "On Monday (9/2), Moraes made an adjustment to this point to provide that the fine applies to those who use VPN "to defraud the court decision". In the vote, the minister made it clearer that the fine would only be applied to those who used technological subterfuge with this clear purpose -- and not to anyone who wants to use the VPN, for example, to follow what is published on X.
"The change was highlighted by a member of the Supreme Court as an attempt by the minister to make the purpose of the fine clearer. It would not be for anyone who uses X, but for anyone who wants to use the VPN to defraud the decision, that is, to continue hate speech, anti-democratic speech and the publication of fake news. The fine, for this purpose, therefore, is also maintained."
They later deleted this claim from their publication.
