Fighting disinformation in the Brazilian judiciary: initiatives for the 2024 municipal elections.

Permanent Program for Combating Disinformation in the Electoral Justice System

One of the main instruments to combat disinformation in the context of elections in Brazil is Permanent Program for Combating Disinformationlaunched by Electoral justice.

Since its inception in 2021, the program has aimed to strengthen the credibility of the electoral process and thereby mitigate the harmful effects of disinformation. He comprehensively deals with disinformation regarding the electoral justice system and its members, the electronic voting system, the electoral process at its various stages and the entities involved. In particular, the Program does not cover disinformation directed against 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 activities, including partnerships with digital platforms, academia, media and civil society, as well as public education campaigns and official fact-checking channels. In partnership with key stakeholders, it works to monitor and combat the spread of disinformation, an example of how the electoral justice system is taking a multi-faceted approach to sustainably and strategically address disinformation.

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

Resolution 23,732which has made significant advances in the regulation of the use of artificial intelligence (AI) in elections, regulates the use of this technology, imposing clear restrictions and guidelines to ensure the transparency and fairness of the electoral process. For example, it imposes an obligation to provide clear, visible and accessible information about the use of artificial intelligence in political advertising.

The use of artificial intelligence, especially in election advertising campaigns, has raised global concerns about information manipulation and the automatic creation of misleading content. The 2022 Brazilian presidential elections were characterized by the extensive use of bots to falsify the sense of support for various candidates. In the first days of the campaign, approx 50% of retweets supporting the candidate were generated automatically.

Aware of these challenges, the TSE has regulated the use of this technology, imposing clear restrictions and guidelines to ensure the transparency and fairness of the electoral process. The resolution aims to prevent artificial intelligence tools from being used in a way that undermines the integrity of public debate, especially in a context where bots and algorithms can amplify disinformation.

It cannot be denied that significant progress has been made following the TSE resolution. However, some of the issues raised deserve deep reflection in order to adapt them to the Constitution and even federal law, otherwise, as a result of open clauses and undefined legal concepts, technical and operational obstacles to proper content moderation will arise, generating legal uncertainty and the possibility of prior censorship of all actors involved in the electoral process.

Disinformation Notification System about the elections

Another innovation is Electoral Disinformation Alert System (SIADE)aimed at facilitating the detection and rapid response to false content that could affect the electoral process. Working with various digital platforms, media companies and fact-checking agencies, the system keeps the Electoral Court informed about disinformation campaigns.

Acting like a radar, SIADE captures data in real time, enabling authorities to issue warnings and proactively correct disinformation. This system facilitates a coordinated response between electoral justice and technology partners, strengthening dialogue with civil society on the need for fact-checking.

Integrated Center for Countering Disinformation and Defense of Democracy

The Integrated Center for Countering Disinformation and Defense of Democracy requires coordination between the TSE, the STF, the Ministry of Justice and various other public and private institutions. The center serves as an intelligence center whose task is to analyze, monitor and quickly respond 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 trust in Brazil’s electoral system. By working with fact-checking agencies and social media platforms, it seeks to dismantle disinformation networks that seek to undermine the country’s democratic stability.

STF anti-disinformation program

In addition to the initiatives led by the TSE, the Supreme Federal Court has developed its own Program to fight disinformationlaunched in 2021. It was created to combat practices that violate public trust in the Supreme Court, distort or change the meaning of its rulings and threaten fundamental rights and democratic stability, focusing on two areas: organizational activities and communication activities.

The STF, often the target of disinformation attacks, has adopted measures to protect its reputation and ensure public confidence in judicial decisions. The program includes legal actions and information campaigns aimed at combating the circulation of disinformation about the Court’s activities.

These measures include working with the media to debunk rumors and disinformation, as well as promoting transparency of decisions through direct communication with the public. This proactive approach has played a key role in strengthening trust in the Brazilian justice system during a period of intense political polarization and the spread of false information.

Application

Brazilian justice initiatives put Brazil at the global forefront, along with countries for which digital regulation is crucial to defending democracy. These efforts reflect a proactive approach comparable to other international initiatives combating disinformation.

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

Despite progress, initiatives face practical limitations. The large number of municipalities makes applying and monitoring measures equally difficult. Programs that rely on technology partnerships to detect and correct false 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 turns to the 2026 presidential race, it is critical to strengthen these strategies to ensure public confidence in the electoral system and protect fundamental rights and the country’s democratic stability. The fight against disinformation continues, and Brazil, through its judicial institutions, is at the forefront of this global effort.