TSE Ministers Meet to Discuss AI and Election Rules

Ministers of the Superior Electoral Court (TSE) held a closed meeting on Tuesday to discuss the use of artificial intelligence in electoral propaganda and other campaign rules. The court described the meeting as productive, stating that it served to gather the perspectives of the ministers to inform future judgments by the plenary. While the meeting took place, the court has not yet scheduled a specific date for the final judgments, although there is an intention to do so this month as campaigns are already underway.

A central point of discussion is a legal challenge brought by the PT party regarding a video used in the campaign of Flávio Bolsonaro. The video features an AI generated recreation of former president Jair Bolsonaro declaring support for his son. The PL campaign maintains that the content was properly identified as AI produced. The court must now decide if such avatars are permitted or if they constitute prohibited deepfakes.

Reports on the internal dynamics of the court vary. A center leaning source suggests that the meeting did not result in a consensus and that ministers may decide the application of norms on a case by case basis. Conversely, a center right leaning source reports that the meeting had a calm atmosphere and notes a trend among ministers to prohibit the use of avatars while potentially allowing certain audiovisual resources in opinion polls. The center right source also notes that the closed meeting caused a 40 minute delay in the start of the open plenary session.