Brazil Supreme Court upholds Bahia law on pandemic misinformation

Brazil's Supreme Federal Court (STF) by majority affirmed the constitutionality of Bahia's Law 14.268/2020, which sets fines of R$ 5,000 to R$ 20,000 for anyone who disseminates false information about epidemics, endemic diseases or pandemics through print, television, radio or electronic media, including automated bots. The Court held that the measure serves a predominant public‑health purpose and falls within the shared legislative competence of the federation, not infringing the Union's exclusive authority over telecommunications. Freedom of expression was deemed not absolute when it threatens collective health.

The ruling was authored by Minister Alexandre de Moraes, with Minister Cristiano Zanin joining the majority. Ministers Nunes Marques (relator), Dias Toffoli and André Mendonça dissented, arguing the law encroached on federal jurisdiction and freedom of the press.