With an eye on the elections, Congress wants to move forward in 2024 on rules for artificial intelligence

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The Chamber and Senate make it a priority to define guidelines to prevent the creation of false content with the face and voice of real people. TSE must also face the issue, in a municipal election year. Leaders of the Chamber and Senate have treated as a priority the approval of proposals that regulate the field of artificial intelligence (AI) in the country. The heads of both Houses plan to address the issue over the next year. Parliamentarians have expressed concern about the direction this technology may take in the coming months, especially with the proximity of municipal elections. The fear is that the 2024 campaign will be flooded with false content generated from videos, images and voices of real people — similar to what happened in the presidential elections in Argentina. This technology is called generative artificial intelligence. The most popular face of this application is the so-called “deepfake”, which allows you to show a person’s face in altered photos or videos. Artificial intelligence scams use images of famous and anonymous people The Chamber and Senate have already discussed regulation for this market. The most advanced projects, however, do not deal with creating fake material. The discussion is closely monitored by the Ministry of Justice. Allies of the presidents of both Houses, deputy Arthur Lira (PP-AL) and senator Rodrigo Pacheco (PSD-MG), assess, however, that these tools should become the central point of possible proposals on the topic in 2024. The Chamber has arrived to approve, in 2021, a legal framework for AI. The text, however, suffered criticism from the sector and civil entities for being complacent with companies that dominate the market. Upon arrival at the Senate, Pacheco decided to “shelf” the proposal. He determined the creation of a commission of jurists and experts who were responsible for presenting a new text. This year, the senator presented a bill based on the committee’s suggestions. Rodrigo Pacheco also created a temporary committee, which is responsible for discussing the proposal. According to Senate leaders, Pacheco defined that artificial intelligence should be one of the main themes of the first half of votes in the House. The president of the House’s temporary committee on the topic, senator Carlos Viana (Podemos-MG), said that the discussion of the proposal “will depend on when the report is delivered”, under the responsibility of Eduardo Gomes (PL-TO). In the Chamber, Arthur Lira’s allies claim that the President of the House treats the issue as one of the “biggest concerns” of 2024. The debate, according to deputies, will be focused on defining rules for the creation of false content. The idea would be to approve a project with broader rules, not necessarily focusing on the elections, so that the topic could already be valid for the 2024 election. Changes to the electoral law must respect a principle of annuality, that is, they must be approved by Congress by a year before the election. Discussion at the TSE In addition to Congress, the Superior Electoral Court (TSE) also hopes to discuss the topic in the coming months. Members of the Electoral Court have evaluated the possibility of issuing a resolution on the use of artificial intelligence in the 2024 campaigns. The assessment is that the TSE can establish rules similar to those defined in 2019 and 2022 for so-called fake news. In 2020, the court approved a resolution that established punishment for the party or candidate who disseminates false content. Two years later, it defined a faster procedure for removing untrue content from social networks. Fake news PL Arthur Lira postponed, yesterday, the vote on the fake news bill. The rules for artificial intelligence should, in the opinion of parliamentarians, advance separately from the proposal that creates rules to combat fake news. The text, already approved by the Senate, failed to advance this year. And, for congressmen, there should be no easy path next year. The president of the Chamber, Arthur Lira, entered the articulation circuit at the beginning of this year. In May, upon assessing that there were not enough votes to approve the text, Lira postponed the analysis of the proposal in the House plenary. Since then, the deputy analyzed possible slices, but the project did not move forward. Criticism from the evangelical bench and the pressure from big techs — giants in the technology market that control social networks — on parliamentarians are seen as the main factors in the text’s retreat in the Chamber. Arthur Lira’s interlocutors believe that the text will only receive new impetus if there is a decision from the Federal Supreme Court (STF) that obliges Congress to legislate on the topic.

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