Justice orders Bolsonaro to explain if he allowed AI…

Supreme Court Justice Alexandre de Moraes has issued a 48-hour deadline for former president Jair Bolsonaro to confirm whether he authorized the use of his likeness in an artificial intelligence-generated video. The video, which features a digital simulation of Bolsonaro endorsing his son, Senator Flávio Bolsonaro, for the presidency, was screened during a party convention on May 25, 2024. Justice Moraes is investigating whether this event constitutes a breach of existing judicial orders or a violation of electoral regulations regarding the use of synthetic media.

What happened

The controversy centers on an AI-produced video displayed at the Liberal Party (PL) convention, where a simulated Jair Bolsonaro calls for unity behind his son’s candidacy, referring to Flávio as "blood of my blood." Justice Moraes stated that if Bolsonaro consented to the video, it would represent a serious violation of a July 17 court order that bans the former president from disseminating political or electoral messages. Such a breach could potentially result in the revocation of his current humanitarian house arrest in favor of imprisonment in a correctional facility.

Alternatively, if Bolsonaro did not authorize the content, the justice suggested that Flávio Bolsonaro and the Liberal Party may have violated Superior Electoral Court (TSE) case law. The TSE prohibits the use of deepfakes—defined as synthetic content that mimics a person's image and voice to create an appearance of authenticity—when used to artificially associate a political figure with a candidate without express authorization. According to the court, such practices constitute an "overt practice of disinformation" capable of misleading voters and may lead to charges of abuse of political or economic power, potentially resulting in disqualification from holding elected office.

In response to legal challenges from the Workers' Party (PT), Flávio Bolsonaro’s defense has denied that the video qualifies as a deepfake. His lawyers argue that the material lacks the necessary intent to deceive, noting that the video included a disclaimer informing viewers that the simulation was produced using artificial intelligence.