Brazil votes on October 4, and its electoral court spent Tuesday working through a question regulators elsewhere still dodge: what counts as a deepfake. [1] The Tribunal Superior Eleitoral was expected to rule on broader restrictions for AI-generated campaign material. [1] The proposed rules would require labels on AI campaign content, prohibit systems that recommend candidates, and impose a blackout in which new synthetic political material could not be published or promoted immediately before and after voting. [1]
The definition is not academic. In July, Jair Bolsonaro, under house arrest and barred from public communication, appeared at his son Flávio Bolsonaro's campaign launch as an AI-generated avatar that identified itself as a simulation. [1] Brazil's existing electoral rules target fabricated content that can mislead voters. An avatar that tells the crowd it is a machine does not fit that box cleanly. [1]
Lula's coalition petitioned the TSE, arguing the video still violated rules on synthetic content used to influence voters. [1] Flávio Bolsonaro's campaign answered that a clearly labeled simulation is not a deepfake. [1] If deception is the test, the campaign has a point. If the test is whether a politician banned from the square still reaches it, the label is beside the case.
TSE president Kássio Nunes Marques has suggested AI-generated campaign material can be permissible when it does not cause harm. Supreme Court justice Alexandre de Moraes has warned the same technology could violate Bolsonaro's house-arrest restrictions and feed electoral disinformation. [1] The court already required disclosure of synthetic content ahead of the 2024 municipal elections, which is why the Bolsonaro avatar arrived as a simulation rather than a silent impersonation. [1] Disclosure was the safety valve. Tuesday's file is what happens when the valve does not restore the ban.
A blackout on synthetic political content around election day works only if someone can identify the material fast enough to stop it. [1] Much of Brazil's campaign traffic moves through private messaging groups, not public feeds. [1] More than 150 million people are eligible to vote. [1] Prohibiting recommendation systems that push particular candidates would require watching ordinary platform mechanics, a harder job than checking whether a video carries an AI label. [1] The Next Web notes that the blackout is the least tested piece of the proposal, a step beyond European rules that generally stop at transparency. [1]
European rules, including those under the EU's AI Act, rest on the same disclosure bet. Tell people the clip is synthetic and its power to mislead falls. [1] The Bolsonaro case puts that bet under a Brazilian sun. The content can be transparent about its making and still persuade. A politician who may not speak in person can still occupy the square. Campaigns, platforms, and regulators will have little time to adjust to whatever framework the court establishes. [1] Leaving the rules undefined would create its own problems. Setting them five weeks before the vote leaves almost no time to learn how they work. [1] Five weeks remain to learn whether a label is a rule or a costume.
-- LUCIA VEGA, São Paulo