The Superior Electoral Court of Brazil (TSE) has until March 5 to review proposals regulating the use of artificial intelligence (AI) and social media in the upcoming 2026 elections. The consultation process included public hearings that ended recently, where a diverse group consisting of civil society organizations, academics, political parties, and tech companies presented their recommendations. These proposals will be analyzed by Justice Kassio Nunes Marques, the court’s current vice president, who is poised to assume the presidency of the tribunal in the near future.

Key concerns raised during these hearings include the need for regulations particularly around AI-generated content, such as deepfake videos. Various groups, including the Electoral Public Prosecutor’s Office, have pointed out gaps in current regulations concerning generative AI technologies. While existing rules address deepfakes with prohibitions and labeling requirements, critics argue that they do not adequately cover the latest functionalities and applications that have emerged with advancements in AI tools, raising the stakes for misinformation and electoral integrity as the elections approach.

The TSE’s forthcoming decisions will have significant implications for the management of AI and social media in Brazilian elections, potentially influencing how campaigns are run and how information is disseminated among voters. With increasing concerns over factual accuracy and voter influence stemming from AI technology, effective regulation will be critical to safeguarding democracy and maintaining fair electoral processes in Brazil's political landscape.