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Brazilian election internet access legal dispute

Updated 3 times since CLSTR started tracking revisions of this situation.

What changed

2026-09-26 18:50 UTC → 2026-09-27 13:32 UTC · added ~~removed~~

The Brazilian Supreme Court has ordered the National Telecommunications Agency (Anatel) to provide information regarding a legal request to ensure uninterrupted mobile internet access during the 2026 elections. Supreme Court Justice Cristiano Zanin has issued a 48-hour deadline for Anatel to respond. Additionally, the Attorney General's Office (AGU) and the Prosecutor General's Office (PGR) have been ordered to submit their technical and legal opinions within the same timeframe. The Green Party (PV) and the National Confederation of Education Workers (CNTE) filed the action, arguing that current data cap restrictions may prevent citizens from accessing news and search engines. They contend this could leave voters reliant on zero-rated applications, which may facilitate the spread of misinformation. The plaintiffs are seeking a preliminary injunction to suspend data blocking 72 hours before and 24 hours after each election round. Supporting the proceedings is a study by Sleeping Giants Brasil, which indicates that 64.1 million connected Brazilian adults experience data cap exhaustion at least once a month. In ~~response to the legal action,~~ response, Anatel has warned ~~the court~~ Justice Zanin that providing unrestricted access could lead to traffic spikes capable of disrupting mobile connectivity near polling stations. The agency emphasized that mobile networks are constrained by a limited electromagnetic spectrum, making them vulnerable to massive surges in downloads and streaming. Anatel also contested the plaintiffs' arguments, stating that combating fake news involves social and regulatory challenges rather than connectivity issues. The agency cited a 2025 study indicating that 70% of prepaid users rely on fixed Wi-Fi connections to manage data usage, suggesting that connectivity limits may not be the primary driver of misinformation.

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