TSE measure on the use of AI can contribute to combating fake news for the 2024 Elections, says expert

Artificial intelligence

Resolution created this Wednesday (27) should be accompanied by international collaboration and sharing of best practices for more efficient methods

Artificial Intelligence is one of the most talked about topics in recent years – and its impact on the 2024 municipal elections in Brazil will be inevitable. The estimate is that there will be more than 150 million voters spread across the 5,500 municipalities in the country where the positions will be contested – and thus, they should be influenced by campaigns led by technological resources that reproduce behavior patterns similar to human ones.

Thinking about the consequences of AI in yet another electoral process, the Superior Electoral Court (TSE) published a resolution, this past Wednesday (27), to regulate the use of this technology during the elections to be held in October.

For Alexander Coelho, partner at Godke Advogados, specialized in Digital Law and Data Protection, the TSE resolution establishes significant regulatory frameworks. Among the most impactful points is the explicit prohibition of manipulating false content to create or replace a candidate’s image or voice, which directly prevents the use of deepfakes with malicious intent.

“Limiting the use of chatbots and avatars to simulate human interactions is also crucial, as it ensures that voters are aware of when they are interacting with AI, maintaining transparency in communication.” These measures aim to preserve the authenticity of information and confidence in the electoral process.

In the lawyer’s view, the measure adopted by the TSE can contribute to combating fake newsmainly by establishing clear guidelines for the use of AI and by holding social media platforms responsible for the circulation of untrue or decontextualized content.

“However, effectiveness in combating fake news is not just about regulation, but also digital education, the development of false content detection technologies and collaboration between technology companies, authorities and civil society”, considered Coelho.

Monitoring the misuse of AI in elections represents a significant technical and operational challenge. “The TSE will need to employ advanced monitoring and data analysis technologies, in addition to working together with social media platforms and cybersecurity experts,” added the Digital Law specialist. For him, international collaboration and sharing of best practices can be fundamental to developing efficient methods of detecting and preventing abuse.

Consequences for AI misuse can range from administrative sanctions, such as fines and warnings, to criminal implications, depending on the severity of the act and the damage caused to the electoral process. “The use of AI to defame candidates or manipulate the electorate can result in lawsuits, loss of office and ineligibility. The TSE and other competent authorities have the power to apply these sanctions to ensure the integrity of elections and public trust in democratic institutions”, he concluded.

*With information from consultancy.

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