Brazil’s Superior Electoral Court (TSE) has released its draft resolutions designed to govern the 2026 general elections, initiating a crucial public debate on future electoral conduct. These proposed rules, unveiled on Monday, February 19, 2025, highlight a significant push to increase accountability for major technology platforms.
The comprehensive documents, signed by Minister Kassio Nunes Marques, who is slated to become the TSE president during the electoral period, address a range of issues including electoral surveys, candidate registration, and campaign propaganda. They aim to refine the legal framework to ensure fair and transparent elections.
However, a striking omission within these extensive drafts is any specific discussion or updated regulation concerning the use of artificial intelligence (AI) in political campaigns, a technology rapidly evolving and posing new challenges to electoral integrity.
AI regulation notably absent amidst growing concerns
The absence of updated AI regulations in the 2026 draft resolutions stands in stark contrast to the TSE’s previous initiatives and mounting concerns over advanced generative AI technologies. Under the leadership of Minister Cármen Lúcia, the court actively commenced studies and projects in 2025 to anticipate and mitigate risks associated with AI, particularly after the viral spread of hyper-realistic deepfake videos.
These earlier efforts, prompted by widespread alarm regarding potential “informational chaos” in the upcoming 2026 campaign, led to the establishment of a dedicated working group on AI in June 2024. Despite the TSE having regulated AI for the 2024 municipal elections by prohibiting deepfakes and limiting bot usage, the latest drafts surprisingly bypass any further debate on these critical issues.
Broader platform liability shift for 2026 elections
While AI rules were overlooked, the draft resolutions introduce significant amendments to articles governing electoral propaganda on social media, particularly concerning the accountability of major technology companies. These changes mark a departure from existing regulations that often shielded platforms from immediate responsibility.
Currently, big tech companies are typically held accountable for user-generated content only if they fail to comply with a judicial order to remove it. This framework placed the onus primarily on courts to identify and mandate the removal of illicit content before platforms faced legal repercussions.
Mandatory immediate content removal for certain offenses
Following a Supreme Federal Court (STF) ruling in June 2025 that broadened platform liability for third-party content, the TSE’s new draft resolution now mandates immediate action from platforms. Publications attacking electronic voting machines or inciting anti-democratic acts must be removed without requiring a prior judicial decision. This measure aims for robust defense against misinformation and threats.
Should platforms fail to comply, they could face severe legal action and be held directly accountable in court. This expanded responsibility underscores the urgency for platforms to develop efficient internal mechanisms for content moderation, ensuring swift identification and removal of prohibited material.
New rules for pre-campaign content boosting
Further modifications address content boosting during the pre-campaign period, aiming for greater transparency in online political advertising. Any sponsored content must be clearly and unequivocally identified, ensuring voters are aware of its commercial nature.
Platforms will also be obligated to maintain a public repository detailing these sponsorships. This repository is intended to create a transparent, auditable record of all paid political content, enabling better oversight from electoral authorities.
A key clarification pertains to ordinary citizens’ posts criticizing public administration. Such critiques will not be considered early electoral propaganda if they lack elements directly related to the election itself. This distinction aims to protect freedom of expression.
Significantly, this exemption remains valid even if the critical publication by a common person has been boosted, provided it strictly adheres to the criteria of not being election-related. This provision balances transparency with citizens’ rights to voice opinions on governmental performance.
Judicial directives on election misinformation
The draft resolution enhances the judiciary’s power to police online content, specifically targeting false or heavily distorted information concerning electronic voting machines and the broader electoral process. Under the proposed rules, electoral judges will adhere strictly to previous TSE decisions and consult a specialized repository of the Court’s judgments, ensuring a consistent approach nationwide.
This measure standardizes responses to disinformation, preventing fragmented interpretations and reinforcing the central authority of the TSE in electoral integrity. By mandating consultation of established precedents, the court aims to streamline the process of identifying and addressing electoral disinformation swiftly and uniformly.
This move seeks to minimize the impact of malicious campaigns intended to undermine public trust in the voting system. It provides a clearer framework for judges, ensuring decisions regarding misinformation are based on consistent legal understanding.
Strict conditions for social media profile takedowns
Regarding the suspension of online content, the proposed amendments clarify the precise conditions under which the Electoral Justice can order the removal of an entire social media profile. A profile can only be taken down if the user is definitively proven to be false (e.g., an automated account or bot) or exclusively when the publications are explicitly and primarily aimed at facilitating criminal activities.
