TSE tightens oversight of big tech, but time and staff pose challenges

For the first time, Brazil's Superior Electoral Court (TSE) possesses the authority to mandate that major digital platforms submit comprehensive data on their strategies for adhering to electoral regulations and preventing the spread of disinformation during elections. These "compliance plans" require platforms to detail their measures and provide indicators to assess their effectiveness.

Following the submission of these plans, the TSE will evaluate their adequacy and the sufficiency of the proposed indicators. The court can request further clarifications or demand modifications to the plans. However, despite this new oversight capability, practical hurdles are expected to impede the process. The short timeframe for analyzing complex documents and the TSE's limited personnel are significant bottlenecks. With platforms submitting their plans on the same day the official campaign period begins, any adjustments requested by the court might have a delayed effect or prove ineffective.

The TSE has not yet disclosed the size of the team assigned to evaluate these plans. Companies have until December 19 to submit reports on the implementation of their strategies. André Boselli, coordinator of information ecosystems at the NGO Article 19, views the TSE's initiative as a potential laboratory for electoral governance related to platforms, not just for Brazil but globally. However, he cautions that a medium- to long-term perspective is necessary.

Boselli suggests that the full implementation of the initiative might not be feasible for the upcoming election due to its ambitious and complex nature, emphasizing the need to prioritize concerns. Furthermore, challenges remain in identifying and penalizing non-compliance. The TSE's current powers primarily involve analyzing documents, requesting data, proposing plan adjustments, and ultimately approving or rejecting them. In cases of non-delivery or non-compliance, the main consequence stipulated is the TSE's ability to de-credential companies offering paid campaign boosting services. This measure is expected to primarily affect platforms like Meta (Facebook, Instagram) and Kwai, as they are the most likely to offer such services to candidates.