Electoral Court considers tougher rules after…

Brazil’s Superior Electoral Court (TSE) is evaluating potential rule changes regarding the use of AI-generated content in political campaigns. The discussion follows the emergence of a deepfake video that simulated former president Jair Bolsonaro endorsing his son, Senator Flávio Bolsonaro, for president.

What happened

The incident involved a video that used artificial intelligence to synthesize the voice and features of Jair Bolsonaro to create a fake endorsement for his son’s campaign. A complaint regarding this content was filed by President Luiz Inácio Lula da Silva, and the TSE is currently tasked with deciding whether to implement stricter regulations against such materials.

Existing electoral regulations already prohibit the use of synthetic content designed to harm or favor a candidacy through the manipulation of a person's image or voice. However, members of the court have expressed concerns that the current wording lacks the necessary scope and clear definitions to effectively distinguish between permissible AI usage and content intended to mislead voters.

Proposals under consideration include a potential total ban on the publication or republication of deepfakes by political candidates. While the court is not expected to impose severe penalties on Flávio Bolsonaro, potential outcomes for the campaign include fines and mandatory removal of the content. Furthermore, officials have warned that the indiscriminate use of deepfakes could be classified as an abuse of power, which carries the risk of loss of office or future ineligibility. TSE President Kassio Nunes Marques has also emphasized the court's broader commitment to electoral integrity, noting that platforms are being required to submit risk mitigation plans to address the potential misuse of AI tools in future contests.