TSE Releases Final Text of 2026 Rules and Prohibits Payment and Rewards for Advertising on Social Networks
The Brazilian Electoral Court has announced the final rules for the 2026 elections, which include banning payments for political content and shifting the burden of proof in cases involving AI-generated misinformation.
The Superior Electoral Tribunal (TSE) of Brazil has published the conclusive guidelines that will govern political parties and candidates for the upcoming elections in 2026. Among the key decisions made, the TSE has introduced a prohibition on compensating individuals, including rewards, for disseminating electoral political content. Additionally, the tribunal has defined that in cases involving artificial intelligence (AI), the burden of proof will shift to the content creators, meaning they will need to demonstrate that no fraudulent activity occurred if they are accused of spreading false information.
These rules are part of a comprehensive framework shaped through extensive public consultations and hearings, garnering a record number of over 1600 suggestions from the public. The final text was drafted by the TSE's vice president, Minister Kassio Nunes Marques, after a careful review of the proposals. The resolutions were unanimously approved by the plenary during two separate sessions, marking a collaborative effort to enhance the integrity of the electoral process in Brazil.
Furthermore, the court has decided that AI-generated content will not be permitted to circulate within the 72 hours leading up to the election, a move aimed at mitigating the potential spread of disinformation right before voters head to the polls. These regulations signal a proactive approach by the TSE to address the challenges posed by digital campaigning and misinformation in the electoral landscape, ensuring a more transparent and fair voting process. This initiative is particularly relevant as Brazil prepares for what could be a consequential election in 2026, as it seeks to safeguard the democratic process amidst evolving technological influences.