US agency criticizes Anatel for suspension of X and requests meeting

The commissioner of FCC (Federal Communications Commissionor Federal Communications Commission in Portuguese) of the USA, Brendan Carr, sent a letter on Thursday (September 5, 2024) to the president of the Anatel (National Telecommunications Agency), Carlos Manuel Baigorri, criticizing the decision of Minister Alexandre de Moraes, of STF (Federal Supreme Court), to block X (formerly Twitter) in Brazil. According to the commission, the judicial determinations, supported by the government of President Luiz Inácio Lula da Silva (PT), are shaking the confidence of American companies in Brazil. Read the full of the document (PDF – 121 kB).

Carr classified Anatel’s compliance with court decisions as “censorship”. He said it was a “set of cascading political actions, apparently illegal and partisan”, which the Brazilian agency “has been carrying out against companies with ties to the US”.

He cited as examples the banning of X and the blocking of Starlink accounts, with the eventual suspension of services offered by the satellite internet operator. “Although Starlink is a separate company with different shareholders, it has not violated any laws”, completed the FCC leader.

“These punitive actions – publicly supported by the Lula administration – are already having a wide impact and undermining confidence in the stability and predictability of Brazil’s regulated markets. Indeed, U.S. business leaders are now openly questioning whether Brazil is on track to become a viable market for investment.”, he added.

The commissioner also mentioned Moraes’ decisions that removed posts from congressmen. He cited an article from Washington Post published this week, which states: “If this sounds authoritarian, it is.”.

Carr concluded that “The serious and apparently illegal actions against X and Starlink cannot be framed within the principles of reciprocity, rule of law, and independence that have served as the foundation of the relationship between the FCC and Anatel, and the basis for reciprocal foreign investment. Therefore, I request a meeting to address and resolve these issues.”.

Full text of the letter to Anatel

“Dear President of Anatel, Baigorri,

“The FCC and Anatel, the leading communications regulators in the U.S. and Brazil, have a long-standing relationship—one built on reciprocity, respect for the rule of law, and our shared status as independent agencies established by law to operate without undue influence from the partisan political branches of our governments. The industries we regulate in our respective countries can benefit from a continued partnership based on adherence to these fundamental principles. Indeed, you recently signed a Memorandum of Understanding with the Chair of the FCC that further formalized the FCC and Anatel relationship.

“However, I am compelled to address with you today the cascading, seemingly illegal and partisan political actions your agency has taken against companies with U.S. ties, including your own threat to withdraw Starlink’s licenses and authorizations to operate in Brazil. These punitive actions—publicly supported by the Lula administration—are already having widespread repercussions and undermining confidence in the stability and predictability of Brazil’s regulated markets. Indeed, U.S. business leaders are now openly questioning whether Brazil is on track to become a viable market for investment.

“Under his leadership, Anatel is now actively enforcing a widely criticized decision by Justice Alexandre de Moraes to censor the social media platform X, which, according to government officials in Brazil, violates Brazil’s own Constitution and his country’s statutory prohibitions against government censorship. To make matters worse, Justice Moraes has chosen to enforce his decision by freezing Starlink’s assets—even though Starlink is a separate company with separate shareholders that has violated no laws.”

“In all this, Justice Moraes has failed to respect basic, universal principles of transparency, communication and due process. Indeed, it has now been revealed that Justice Moraes has been sending secret orders to social media companies to censor political posts by elected members of Brazil’s National Congress. ‘If that sounds authoritarian, it is,’ the Washington Post wrote this week about the campaign to remove Justice Moraes.

“Continuing, the Washington Post stated that Brazil’s recent actions come ‘at a substantial cost to free speech — with takedowns and even arrest warrants often issued in secret and with scant justification to support them.’ ‘Brazilians should not have to accept the government suppressing political views,’ the Washington Post concluded.

“While Minister Moraes’ actions mirror crackdowns on free speech that are occurring around the world, I am not writing to you today out of a generalized concern about free speech – though I strongly believe that communications regulators like us should oppose this trend of censorship. Nor am I arguing that these actions by the Brazilian government somehow violate U.S. free speech laws. As a sovereign country, Brazil has its own laws and precedents.

“But according to Brazilian authorities and law enforcement, Brazil is now violating its own laws through arbitrary and capricious actions against X and Starlink. Indeed, Justice Moraes’ decision flies in the face of Brazil’s own Constitution, which expressly prohibits ‘any and all censorship of a political, ideological and artistic nature,’ as well as other provisions of Brazilian law that further guarantee freedom of expression.”

“The serious and apparently illegal actions against X and Starlink cannot be framed within the principles of reciprocity, rule of law, and independence that have served as the foundation of the relationship between the FCC and Anatel, and the basis for reciprocal foreign investment. Therefore, I request a meeting to address and resolve these issues. If you prefer, I will come to you in Brazil for this.

“Yours sincerely,
Brendan Carr”

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