Brazil’s Election Rules on AI and Deepfakes

The Superior Electoral Court (TSE) regulates electoral advertising under Resolution 23.610/2019, as amended, including by Resolution 23.755 of March 2, 2026. Article 9-B requires the person responsible for electoral propaganda to disclose explicitly, prominently and accessibly when synthetic multimedia made with AI or equivalent technology is used to create, replace, omit, merge, change the speed of, or overlay images or sounds. The disclosure must say that the content was fabricated or manipulated and identify the technology used. The rule covers different media forms and has special placement requirements for printed materials. Article 9-C separately prohibits deepfakes in electoral propaganda. The TSE’s September 1, 2026 decision defined deepfake for that provision as realistic or plausible synthetic content produced or manipulated by AI that creates, reproduces or alters the image, voice or expression of a living, deceased or fictional person. The Court held that applying this specific prohibition requires the content to be electoral propaganda. That matters: an AI recreation is not automatically an electoral violation merely because it exists or appears in a political setting; context and legal classification matter. The 2026 rule adds a blackout period: publication, republication—even without payment—and paid boosting of new synthetic content using the image, voice or expression of a candidate or public figure are barred from 72 hours before until 24 hours after the election ends, even if labeled. TSE materials state that propaganda is permitted beginning August 16, 2026. These are election-specific binding rules and interpretations, not a general Brazilian ban on deepfakes or a platform-wide transparency law. Other removal, disinformation and platform obligations apply under separate provisions.