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Law / Brazil

TSE Resolution, Prohibition on Electoral Deepfakes

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

In force since .

An AI prohibited practices 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
Prohibition
Audit expectation
none
Setting the rule reaches
Elections

What it requires

  • Do not use fabricated or manipulated content in electoral advertising to spread notoriously untrue or gravely decontextualized facts capable of harming the balance of the election or the integrity of the electoral process.
  • Do not generate or digitally manipulate synthetic audio, video, or combined audio-video content to create, replace, or alter a living, deceased, or fictitious person's image or voice, even with that person's authorization, to harm or benefit a candidacy.

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

In the frameworks

NIST AI RMF
  • MAP 3.3Targeted application scope is specified and documented based on the system’s capability, established context, and AI system categorization.
NIST AI 600-1
MIT mitigations Draft
  • 1.5Safety Decision Frameworks
  • 3.3Access Management
FINOS AIGF
ETSI EN 304 223
  • 5.1.2-1Business need and security risks written down and assessed before deciding to build an AI system.
  • 5.1.4-5End-users told which uses of the system are prohibited.

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

Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.

What it makes you log

Logging duty

Article 9º-C prohibits using fabricated or manipulated content, including a deepfake, in electoral advertising; it states no duty to create, keep, or produce any record of a prohibited use, and § 2º makes a violation an abuse of political power without creating a tracking or reporting mechanism of its own.

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-C, inserted into Resolução TSE nº 23.610/2019 by Resolução TSE nº 23.732/2024, forbids using fabricated or manipulated content in electoral advertising, in any form, to spread notoriously untrue or gravely decontextualized facts with the potential to harm the balance of the election or the integrity of the electoral process.

Paragraph 1 specifically prohibits using synthetic audio, video, or combined audio-video content generated or digitally manipulated, even with the depicted person's authorization, to create, replace, or alter the image or voice of a living, deceased, or fictitious person, to harm or benefit a candidacy (a deep fake).

Paragraph 2 makes a violation of the caput or paragraph 1 an abuse of political power and improper use of the means of social communication, exposing the responsible candidacy to loss of its electoral registration.

When LexLint raises it

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

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