São Paulo court allows satirical Tarcísio de Freitas video as Chucky

Brazil's Superior Electoral Court has reversed a prior ruling that ordered the removal of a satirical video portraying São Paulo Governor Tarcísio de Freitas as the infamous killer doll Chucky. The court unanimously decided to allow the video to remain online and also dismissed a R$10,000 fine imposed on state deputy Emídio de Souza, who had shared the video on his Instagram profile.

The Republicanos party, Freitas's political affiliation, had filed a complaint, arguing the video constituted negative electoral propaganda and lacked proper identification as AI-generated content. However, the rapporteur judge, Domitila Manssur, concluded that the video falls within the realm of political criticism and satire. She noted the absence of an explicit request for votes or non-votes, characterizing the montage as "manifestly satirical, fictional, and dystopian."

The video begins with former President Jair Bolsonaro presenting Freitas as a "gift" to São Paulo, depicted within the Chucky doll's body. It then shows the governor's image merged with the horror character, riding a tricycle past an explosion linked to the state water company Sabesp, and smashing a car window. The montage also includes news reports on rising femicide rates in the state and scenes of São Paulo in flames, all presented in a satirical, non-realistic context.

Judge Regis de Castilho, in a dissenting vote that influenced the final decision, argued that the video does not constitute a deepfake because viewers would not mistake the character for the actual governor. He stated that the fictional and satirical nature of the imagery clearly distances it from reality, thus negating any malicious intent beyond expressing sharp criticism of the administration's public policies.

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Clearly a human being could not be confused with such a doll, anyone. On the other hand, the scenario, even if satirically seeking criticism, ventures into the dystopian, so as to convince at first glance that it does not exist, a care that inexorably removes any intent beyond that of using a technological tool to satirically convey the message of criticism, even if accentuated, to the results of the administration of public affairs by the candidate.