The Superior Electoral Court (TSE) defined, this Monday (2), that the publication and paid promotion of new content produced or altered by a candidate’s artificial intelligence in the period between 72 hours before and 24 hours after the end of the election is prohibited.
The TSE concluded the analysis of the instructions that will guide the 2026 elections. According to Minister Kassio Nunes Marques, rapporteur of the resolutions, the prohibition on the circulation of new content generated or altered by AI in this period of time aims to exclude “unwanted surprises” in the most critical period of the electoral process.
The court also determined that, if there is non-compliance with the rules, there will be immediate removal of the content or unavailability of the communication service, on the initiative of the application provider or by court order.
Platforms that provide services for boosting political-electoral content must provide a specific field for those responsible for advertising to declare the use of artificial intelligence.
The platform must adopt the necessary measures to make illegal and false content unavailable, regardless of court order, ensuring, in any case, communication to the user of the reasons that led to the exclusion.
The person responsible for publishing the content removed by the internet provider may also request its reinstatement in court, upon demonstrating the absence of illegality.
