Permanent Program to Combat Misinformation in Electoral Justice

One of the most important instruments to combat disinformation in connection with Brazilian elections is Permanent program to combat disinformationlaunched by Electoral justice.

Since its inception in 2021, the program has been dedicated to strengthening the credibility of the electoral process and thereby mitigating the harmful effects of disinformation. It comprehensively targets disinformation related to the Electoral Tribunal and its members, the electronic voting system, the electoral process in its various stages and the actors involved. The program also does not cover disinformation directed at pre-candidates, candidates, political parties, coalitions and federations unless it threatens the integrity, credibility and legitimacy of the electoral process.

Building on these efforts, the program includes a series of coordinated actions, including partnerships with digital platforms, academics, media and civil society, as well as public education campaigns and official channels to verify information. Working with key stakeholders, it works to monitor and combat the spread of disinformation, exemplifying how the Electoral Commission uses a multifaceted approach to address the problem of disinformation permanently and strategically.

TSE resolution and the use of artificial intelligence in the 2024 elections

Resolution 23.732which introduced significant regulatory advances regarding the use of artificial intelligence (AI) in elections, regulates the use of this technology and imposes clear limits and guidelines to ensure transparency and fairness in the electoral process. For example, it imposes the obligation to inform, explicitly, prominently and accessible, about the use of AI in political advertising.

The use of AI, particularly in election advertising campaigns, has raised global concerns about the manipulation of information and the automatic creation of misleading content. The 2022 Brazilian presidential election was marked by extensive use of bots to fake a sense of support for various candidates. During the first days of the campaign, approx 50% of retweets in support of a candidate were generated by automation.

Aware of these challenges, the TSE has regulated the use of this technology and introduced clear limits and guidelines to guarantee transparency and fairness in the electoral process. The resolution seeks to prevent AI tools from being used in ways that undermine the integrity of public debate, particularly in a context where bots and algorithms can amplify disinformation.

It is undeniable that significant progress has been made with the TSE resolution. However, some of the points highlighted deserve deep reflection in order to make them consistent with the Constitution and even with federal laws, otherwise, due to open clauses and undefined legal concepts, technical-operational obstacles will be created for proper moderation of content, which generates legal uncertainty and the possibility of prior censorship of all actors participating in the election process.

Disinformation warning system against the whales

Another innovation is Alert System for Election Information (SIADE)designed to facilitate the detection and rapid response to false content that may affect the election process. The system works with various digital platforms, media companies and fact-checking agencies and keeps the electoral court informed about disinformation campaigns.

Acting like a radar, SIADE captures real-time data, enabling authorities to issue public warnings and actively correct disinformation. This system facilitates a coordinated response between electoral law and technical partners, reinforcing the dialogue with civil society on the necessity of fact-checking.

Integrated Center for Confronting Disinformation and Defending Democracy

The Integrated Center for Confronting Disinformation and Defending Democracy involves coordination between TSE, STF, the Ministry of Justice and various other public and private institutions. The center functions as an intelligence center focused on analyzing, monitoring and responding quickly to disinformation campaigns, especially those aimed at delegitimizing democratic institutions.

In addition to monitoring the spread of disinformation, the center’s mission is to protect public confidence in the Brazilian electoral system. Through cooperation with fact-checking agencies and social media platforms, it seeks to dismantle disinformation networks that aim to undermine the country’s democratic stability.

STF Disinformation Combat Program

Alongside the initiatives led by the TSE, the Supreme Federal Court has developed its own Anti-disinformation programwhich was initiated in 2021. It was created to combat practices that affect public confidence in the Supreme Court, distort or change the meaning of its decisions and endanger fundamental rights and democratic stability, focusing on two areas: organizational measures and communication measures.

The STF, which is often the target of disinformation attacks, has taken steps to protect its reputation and ensure public confidence in judicial decisions. The program includes legal actions and information campaigns to combat the spread of disinformation related to the court’s activities.

Actions include partnering with the media to debunk rumors and misinformation and promoting transparency in its decisions through direct communication with the public. This proactive approach has been instrumental in strengthening confidence in the Brazilian judiciary during a period of intense political polarization and the spread of false information.

Conclusion

The Brazilian judiciary’s initiative places Brazil at the global forefront, in line with countries that see digital regulation as crucial to defending democracy. These efforts reflect a proactive approach comparable to other international initiatives fighting disinformation.

The approaches described in the sections above include elements adopted by the EU institutions in the fight against disinformation, such as multi-sectoral strategies, the promotion of dialogue and cooperation between the actors involved in the electoral process and media literacy campaigns.

Despite the progress, the initiatives face practical limitations. The large number of municipalities makes it difficult to apply and follow up the measures in a uniform manner. Programs that rely on technology partnerships to detect and correct fake content in real time are not as effective in municipalities with limited technology infrastructure and lower digital skills penetration.

As the 2024 municipal elections draw to a close and attention shifts to the 2026 presidential elections, it is critical to strengthen these strategies to guarantee public confidence in the electoral system and protect fundamental rights and the country’s democratic stability. The fight against disinformation is ongoing, and Brazil, through its legal institutions, is at the forefront of this global effort.