Regulation of artificial intelligence in digital media to combat disinformation and defend the democratic state

Abstract

In February 2024, the Superior Electoral Court of Brazil met in session to determine rules and regulations to guide the municipal elections of the country in October of 2024. Among the topics debated, the leading one was the deliberations on illicit acts in electoral advertisements in digital media, concerning the use of artificial intelligence, ensuing in regulations on the use of technology in developing, producing and distribution of political advertisements in digital forms such as: audio, video or audiovisual media. The article will discuss the deliberations of the Superior Electoral Court, which based its decisions on current legislation in the European Union and in the 2023 general elections in Argentina, regarding production aided by artificial intelligence for electoral campaigns. Argentina’s general election of 2023 was paramount and now a base of a regional case regarding the use of artificial intelligence will be debated in light of reflections on media and technology from authors such as Santaella (2023), Simon (2022), Chagas (2017) e Bucci (2024).