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Law / Brazil

TSE Resolution, AI-Generated Content Disclosure Duty

Resolução TSE nº 23.610/2019, art. 9º-B (redação dada pela Resolução TSE nº 23.732, de 27 de fevereiro de 2024)

In force since .

An AI transparency rule binding public and private bodies.

Criminal exposure
No
Private right of action
No
Enforcement body
Justiça Eleitoral (Tribunal Superior Eleitoral and regional electoral courts)
Obligation class
Content labelling
Audit expectation
none
Setting the rule reaches
Elections

What it requires

  • Disclose, explicitly, prominently, and accessibly, when electoral advertising uses synthetic content generated by AI or equivalent technology to create, replace, omit, merge, alter the speed of, or overlay images or sounds, and name the technology used.
  • Place that disclosure at the start of an audio piece, or as a watermark label with audio description on a static image, or in both forms for a video or combined audio-video piece.
  • This duty does not reach ordinary image- or sound-quality adjustments, graphic identity elements, or customary campaign marketing techniques such as composite photos.
  • Do not publish, republish or pay to boost new synthetic content produced or altered by AI or equivalent technology that uses the image, voice or statement of a candidate or a public figure, even where labeled, from 72 hours before to 24 hours after the end of the election.
  • Provide, where an internet application provider offers paid boosting of political-electoral content, a specific field in which the advertiser declares the use of AI or equivalent technology.

These lines are LexLint's reading of the law's text.

In the frameworks

NIST AI RMF
  • MEASURE 2.8Risks associated with transparency and accountability – as identified in the MAP function – are examined and documented.
NIST AI 600-1
OWASP Agentic Top 10
  • ASI09Human-Agent Trust Exploitation
MIT mitigations Draft
  • 2.4Content Safety Controls
  • 4.6User Rights & Recourse

Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law

What it makes you log

Logging duty

Article 9º-B requires a real-time, point-of-broadcast disclosure that AI-generated content was used and which technology was applied; it states no duty to create, keep, or later produce a record of that disclosure.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Article 9º-B, inserted into Resolução TSE nº 23.610/2019 by Resolução TSE nº 23.732/2024, requires that any use in electoral advertising of synthetic multimedia content generated by AI or equivalent technology, to create, replace, omit, merge, alter the speed of, or overlay images or sounds, carry an explicit, prominent, and accessible disclosure that the content was fabricated or manipulated and which technology was used.

Paragraph 1 requires that disclosure at the start of audio pieces, by a watermark label and audio description for static images, and in both forms for video or combined audio-video pieces. Paragraph 2 excludes image- or sound-quality adjustments, graphic identity elements, and customary marketing techniques such as composite campaign photos from the duty.

Paragraph 3-A, added by Resolução TSE nº 23.755, de 2 de março de 2026, bars the publication and republication, even free of charge, and the paid boosting of new synthetic content produced or altered by AI or equivalent technology that uses the image, voice or statement of a candidate or a public figure, even where labeled, from 72 hours before to 24 hours after the end of the election.

Paragraph 5, added by the same resolution, requires an internet application provider that offers paid boosting of political-electoral content to provide a specific field in which the advertiser declares the use of AI or equivalent technology. The duty binds whoever is responsible for the advertising, which reaches a candidate, party, federation, or coalition, or a service that generates or places AI content on their behalf.

When LexLint raises it

When your app profile says your app generates audio with AI, generates images with AI or generates video with AI.

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