Brazil's Superior Electoral Court (TSE), the top tribunal that runs the country's elections, fixed on Tuesday (Sept. 1) the legal standard for deepfake cases in the 2026 elections. By majority, the court ruled that the ban on the technique applies only when the synthetic content qualifies as campaign propaganda.
In the same session, the full bench rejected by 4 votes to 3 a request to fine and remove a video with an AI avatar of former president Jair Bolsonaro, shown at the PL party's national convention on July 25. The challenge came from the Brasil da Esperança Federation, an alliance of the PT, PCdoB and PV. It argued early campaign propaganda, unlawful transfer of political capital and use of deepfake in the presidential bid of Senator Flávio Bolsonaro, the former president's son.
The standard
By 5 votes to 2, according to the legal news service Migalhas, the court defined a deepfake as synthetic content produced or manipulated by artificial intelligence or an equivalent technology, with a degree of realism, meant to create, reproduce or alter the image, voice or statements of a living, dead or fictional person. The ban in the court's campaign rules applies only when the content can be characterized as campaign propaganda. Streaming a party convention online, the court added, does not by itself turn remarks addressed to delegates into early propaganda. Judges must weigh content, language, audience and context.
The votes
Rapporteur Kassio Nunes Marques, who chairs the court, voted to dismiss the complaint, joined by ministers André Mendonça, Dias Toffoli and Antonio Carlos, Folha de S.Paulo reported. The majority also ruled out a fine and the removal of the video. Villas Bôas Cueva, Floriano de Azevedo Marques and Estela Aranha dissented on the convention question; on the deepfake definition, the dissenting votes were Villas Bôas Cueva's and Floriano's.
"The expression contains no appeal for votes. The conclusion does not change with the closing phrase; although it refers to the office sought, it does not call on citizens. The discussion is legally relevant because the law allows expressions of support," Kassio said.
The rule sits in article 9-C of Resolution 23.610/2019, amended in March, which bans deepfakes meant to harm or help a candidacy even with the consent of the person reproduced. Violations can amount to abuse of political power and improper use of the media, with a possible loss of candidacy, Folha reported. The former president shown in the video is under house arrest, according to the state news agency Agência Brasil.
The standard now guides similar cases pending in the electoral courts. The first round of the elections is set for Oct. 4, with a possible runoff on Oct. 25.