Brazil's Electoral Court to Discuss AI Video in Flávio Bolsonaro Campaign

The Superior Electoral Court (TSE) is preparing to judge a legal action brought by the Workers Party (PT) regarding the use of an artificial intelligence generated video during a Liberal Party (PL) convention. The video features former President Jair Bolsonaro declaring support for his son, Flávio Bolsonaro, who is a pre candidate for the presidency. TSE President Justice Kassio Nunes Marques intends to meet with other ministers this week to seek a consensus and gauge the internal sentiment of the court before setting an official trial date, which is expected to be next week.

Legal analysts suggest the ruling aims to establish broad parameters and criteria for the use of deepfakes and manipulated videos in future elections, particularly during the pre candidacy period. Potential outcomes being discussed among ministers include a total ban on AI, the application of fines, or more severe sanctions that could affect candidate registration in cases of repeated violations.

In a new legal brief, the defense for Flávio Bolsonaro argued that prohibiting AI in political disputes is not feasible. The defense contends that AI is simply an expansion of existing political communication tools such as caricatures and animations. They further argue that a deepfake is defined by the intent to deceive the voter rather than the mere use of synthetic technology. According to the defense, the use of AI does not require the prior authorization of the person depicted, as requiring consent would effectively eliminate the tool from the electoral environment.