The Public Electoral Ministry proposed to the Superior Electoral Court (TSE) the creation of a fine of up to R$30,000 for anyone who disseminates content manipulated through artificial intelligence in the context of the electoral dispute. The suggestion was presented this Thursday, 5th, at a public hearing promoted by the Court to define the new resolutions that will govern the elections.
According to the Electoral MP’s proposal, the penalty would start at R$5,000 and would not be limited to the author of the post. The fine could also be applied to the benefited candidate, if it is proven that he was aware of the disclosure. According to the body, the measure seeks to standardize understandings in the Electoral Court and strengthen the fight against misinformation in a scenario of increasing use of digital tools and artificial intelligence in campaigns.
The suggestions were presented by the coordinator of the National Executive Group for the Electoral Function (Genafe) and auxiliary member of the Electoral Attorney General’s Office, Luiz Carlos dos Santos, during a debate that brought together parties, public institutions and representatives of civil society.
Opportunity with security!
During the hearing, the Electoral MP also questioned points in the TSE’s proposal that creates the Every Vote Matters program, aimed at guaranteeing special transportation for people with disabilities or reduced mobility on voting day. The current draft provides that the request must be made in advance and in person by the voter or a representative.
For the Public Ministry, this requirement may make access to the service difficult for people with limited mobility. Therefore, the agency suggested that the request can be made digitally.
Another point of divergence concerns the rules on advertising by public bodies during the election period. According to the Elections Law, institutional advertising is prohibited in the three months before the first round.
Continues after advertising
As shown by Estadão, two senators called the Federal Audit Court (TCU) this Thursday to try to suspend a Federal Senate tender estimated at R$90 million for the hiring of two institutional advertising agencies in the middle of an election year.
The TSE draft establishes that the irregularity would only be established when the propaganda contains names, slogans, symbols or images that identify authorities or governments involved in the dispute. The MP, however, argues that this interpretation is restrictive and contrary to previous decisions of the Court itself.
In the body’s assessment, institutional propaganda should be considered irregular regardless of its explicit electoral nature, as long as it was broadcast during the prohibited period.
This Thursday’s hearing ended a series of public debates promoted by the TSE throughout the week. In total, the Electoral MP presented 81 proposals for changes to resolutions on topics such as candidate registration, campaign financing and electoral research. Now, it will be up to TSE ministers to analyze the suggestions and define the rules that will apply to this year’s elections.
