TSE Vice‑President Proposes Objective Test to Identify Electoral Deepfakes

Overview

• On Tuesday, August 25, TSE Vice‑President André Mendonça issued an individual decision ordering the removal of a specific AI‑generated video and formally submitted a thesis to the court plenary for review.
• Mendonça’s proposed test would label a synthetic audio or video a deepfake only when its degree of realism is objectively able to produce a false perception of authenticity that could deceive voters.
• The proposal draws a clear two‑tier approach: labeled synthetic content that openly shows its artificial origin would remain permitted, while realistic synthetic materials that simulate authentic recordings would face stricter prohibition when they benefit or attack a candidacy.
• The move grew out of a complaint by presidential candidate Flávio Bolsonaro over an August 11 Instagram clip that inserted his image into fabricated scenes and linked him to banker Daniel Vorcaro, and Mendonça’s order limited its decision to removal and non‑repetition of that video.
• If the plenary endorses the thesis it will guide lower courts and shape how platforms respond to takedown requests, a change that could affect campaign messaging, legal filings in regional electoral courts, and voters’ trust in audiovisual content.