TSE proposes rules for the use of Artificial Intelligence in the 2024 elections

The Superior Electoral Court (TSE) proposed rules for the use of Artificial Intelligence (AI) in the 2024 elections and included a clause on punishment for “dissemination of fake news” in the resolutions for holding municipal elections. Released this Thursday (4), the ten texts will be submitted to public hearings between the 23rd and 25th of January.

According to article 9º-B of the draft that deals with electoral propaganda, “the use in electoral propaganda, in any of its forms, of manufactured or manipulated content, in part or in full, through the use of digital technologies to create , replace, omit, merge, change speed, or superimpose images or sounds, including artificial intelligence technologies, must be accompanied by explicit and prominent information that the content was manufactured or manipulated and what technology was used, submitting your non-compliance with the provisions of §1 of article 323 of the Electoral Code, without prejudice to the application of other applicable measures regarding the illegality of the content”.

According to the resolution, article 9-B “refers to the creation or editing of synthetic content that goes beyond adjustments intended to improve the quality of the image or sound”.

The text also prohibits “the use in electoral propaganda, whatever its form or modality, of fabricated or manipulated content of facts known to be untrue or seriously out of context with the potential to cause damage to the balance of the election or the integrity of the electoral process, including in the form boosting”.

The TSE also holds internet providers responsible for taking down content considered “untrue” or “out of context” and says that even at the end of the election, court orders to remove content will be maintained in cases involving “anonymity” and “dissemination of fake news”.

It is worth remembering that in last year’s elections, even without the new resolutions, the TSE censored several contents considered “untrue”, such as the decision taken by minister Benedito Gonçalves who banned the showing of the documentary “Who ordered Jair Bolsonaro to be killed?”, produced by Brasil Paralelo.

The ministers voted in favor of censorship without even being aware of the content of the documentary.

Responding to a request from Lula’s (PT) campaign, ministers Ricardo Lewandowski, Cármen Lúcia and Alexandre de Moraes voted to censor the documentary in advance. Ministers Raul Araújo, Carlos Horbach and Sérgio Banhos voted against.

The ministers who voted in favor of prior censorship claimed that it was an unorthodox, but temporary, measure to combat what they called the “misinformation ecosystem”.

It turns out that in December last year, the Federal Supreme Court (STF) formed a majority to transform the TSE measure, which would be temporary, into permanent and guaranteed police power to the Electoral Court to act against what is considered “disinformation”.

Audiences

The first public hearing scheduled by the TSE to discuss the resolutions is scheduled to take place on January 23rd and will deal with drafts on electoral research, electoral systems, auditing and inspection of electoral systems, and general acts of the electoral process.

On the 24th, terms regarding candidacy registration, accountability and financing of candidatures will be discussed.

On the 25th, a public hearing will be held on electoral propaganda, representations and complaints and electoral offenses.

Conducted by the vice-president of the TSE, minister Cármen Lúcia, the hearings will be open to the public and intended only to present suggestions that may or may not be adopted by the Court.