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Brazil's electoral court establishes legal definition and standards for political deepfakes

The ruling followed a case involving an AI-generated endorsement by former President Jair Bolsonaro, though Sen. Flávio Bolsonaro avoided penalties.

The short version

  • Brazil's top electoral court defined deepfakes in political advertising as realistic synthetic content generated or altered by AI to depict the image, voice, or speech of any person.
  • The decision arose after Sen. Flávio Bolsonaro displayed an AI-generated endorsement from his imprisoned father, former President Jair Bolsonaro, at a party convention.
  • The court voted 4-3 against penalizing Sen. Bolsonaro because the video was shown at a private gathering before his official candidacy.
  • The newly established standards will govern candidate campaign materials across broadcast and digital platforms leading up to the October 4 election.

Key facts

  • Brazil's top electoral court voted 5-2 to define a deepfake as synthetic material created or altered with AI or equivalent tools that realistically fabricates or modifies a person's image, voice, or speech.[Associated Press]
  • The case centered on a July Liberal Party convention where Sen. Flávio Bolsonaro used an AI simulation of his father, imprisoned former President Jair Bolsonaro, endorsing his presidential campaign.[Associated Press]
  • The electoral court voted 4-3 not to penalize Sen. Bolsonaro, concluding the content was displayed at a private convention prior to the formal declaration of his candidacy.[Associated Press]
  • The regulations apply to candidate advertisements ahead of the October 4 first-round vote across both online platforms and mandatory daily broadcast allocations.[Associated Press]

Sources