Federação Brasil da Esperança challenges AI deepfake use at TSE

The Federação Brasil da Esperança, a coalition including the PT, has petitioned the Superior Electoral Court (TSE) regarding the use of artificial intelligence in political campaigns. The legal challenge follows the use of a deepfake video simulating former President Jair Bolsonaro during a national convention for the Liberal Party (PL).

The coalition argues that TSE Resolution No. 23.732/2024 establishes an objective prohibition on synthetic content that alters a person's image or voice to benefit or harm a candidacy, regardless of whether the content intends to deceive the voter. They contend that the hyper-realistic simulation used is unlawful even if authorized, though they note the former president's image was not authorized for this purpose.

In response, legal counsel for Flávio Bolsonaro argued that a deepfake only occurs when there is a verified attempt to deceive the electorate. The defense maintains that tools such as animations, avatars, and digital characters have always been part of political communication and that complete elimination of AI from political life is neither feasible nor constitutionally legitimate.