Brazil's electoral court meets privately on AI and polling rules for elections

Brazil's Superior Electoral Court (TSE) convened a private meeting Tuesday to deliberate on crucial regulations for the upcoming election campaigns, focusing on the use of artificial intelligence and opinion polling rules. The closed-door session involved justices discussing various arguments related to two key processes that will shape the electoral landscape.

While the meeting, according to court members, had a "calm atmosphere," President Kassio Nunes Marques has yet to schedule a date for the official trials. The TSE aims to hold these hearings within August, as election campaigns are already underway. The extended private meeting caused a delay in the start of the TSE's public session.

The TSE stated the meeting was "very productive" and paves the way for the issues to be "duly judged in plenary." The objective was to gather the justices' perspectives on the legal challenges posed by the use of these technologies during the electoral process. Both AI and polling regulations are dividing the court.

Regarding opinion polls, Nunes Marques had previously suspended the release of a survey showing a decline in support for Flávio Bolsonaro. He cited concerns that the way audiovisual resources were presented to respondents might have influenced their answers. The case is awaiting a full court decision after a request for review. The TSE had consulted polling institutes in July to guide their activities during the election, but concerns remain about potential restrictions on electoral polling.

The issue of artificial intelligence reached the TSE following a challenge by the Workers' Party (PT) regarding the legality of using AI in Flávio Bolsonaro's campaign launch. The Liberal Party (PL) had presented an AI-generated video of Jair Bolsonaro endorsing the candidacy. The court is now tasked with deciding whether AI-generated avatars can be used in campaigns. Justices privately assess that the majority may lean towards allowing audiovisual resources in polls, provided respondents are informed and the methodology is registered. However, the use of candidate or supporter avatars is more likely to be prohibited, potentially classified as deep fakes, which are already banned by TSE resolutions on AI in campaigns.