Deepfake technology faces legal scrutiny in Brazil

Deepfake technology, which uses artificial intelligence and neural networks to create highly realistic synthetic media, is facing increasing legal and ethical scrutiny in Brazil.

The Superior Electoral Court (TSE) has established criteria for characterizing deepfakes in the context of the 2026 elections. To be classified as a deepfake, content must be AI-generated or manipulated with enough realism to alter the image, voice, or manifestation of a living, deceased, or fictitious person. The court ruled that such prohibitions apply specifically when the content is used for electoral propaganda.

In a recent case, the TSE rejected a request to remove a video featuring an AI-generated likeness of Jair Bolsonaro supporting Flávio Bolsonaro’s candidacy. The court determined the video, shown during a party convention, did not constitute early electoral propaganda because it did not include an explicit request for votes.

In the private sector, Rede Globo received a legal notification after broadcasting a commercial using deepfakes of actors such as Zendaya and Tom Cruise. The advertisement featured the stars in fictional scenes without prior authorization from the studios or the performers, raising significant legal and ethical questions regarding digital image rights.