TSE prepares directive defining rules for big techs to combat disinformation 3 months before elections

Brazil's Superior Electoral Court (TSE) is finalizing a directive that will outline the requirements for digital platforms to present plans aimed at combating risks to the electoral process. These platforms will have ten days before the official start of electoral propaganda on August 16 to submit their strategies.

The directive, currently being drafted, mandates that platforms with more than 5 million active users in Brazil must specify how they will counter disinformation, the irregular use of artificial intelligence, and coordinated inauthentic behaviors during the election campaign. Requirements include safeguards against chatbots expressing voting opinions or generating disinformation and political gender violence, methodologies for identifying inauthentic coordinated behaviors, and mechanisms for verifying advertiser identities.

The TSE emphasizes that these plans must be presented clearly, using accessible language, so that the court can understand their purpose, functionality, and relation to due diligence obligations. The compliance plans are expected to ensure public transparency regarding platform moderation actions and maintain channels for complaints and political ad libraries.

Furthermore, the TSE insists that compliance plans be publicly accessible to voters and civil society, with exceptions only for information that could compromise effectiveness or reveal trade secrets. Platforms must provide a public-facing layer of information, including explanations of algorithms, recommendation systems, and metrics demonstrating expected results. Failure to comply with deadlines or requirements could lead to immediate supervision by the TSE.