Superior Electoral Court overturns fine over dark post use

Brazil’s Superior Electoral Court (TSE) has overturned a fine imposed on Evandro Leitão, the elected mayor of Fortaleza for the 2024 elections. The court ruled that the use of ‘dark posts’—sponsored social media content targeted at specific audiences that does not appear on an advertiser’s organic profile—does not, by itself, constitute an electoral offense.

The legal challenge was initiated by José Sarto, a fellow candidate for the Fortaleza mayoralty, who alleged that Leitão’s campaign used 17 dark posts containing sensationalist videos to attack him. While the Regional Electoral Court of Ceará had previously rejected claims of economic power abuse, it had maintained a fine based on alleged violations of election laws governing internet propaganda.

In his ruling, Minister Antonio Carlos Ferreira stated that for a penalty to be applied, there must be evidence of specific irregularities within the boosting process, such as negative propaganda, lack of clear identification, use of unauthorized providers, or the dissemination of disinformation. The TSE concluded that dark posts are merely a technique for advertisement distribution and segmentation, and their use alone is insufficient to justify a fine unless linked to other illicit electoral practices.