By majority, TSE rules that deepfakes must have a degree of realism
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The Superior Electoral Court (TSE) decided by majority that an illicit deepfake in an electoral campaign must meet three criteria: synthetic nature, a high degree of realism capable of confusing the voter, and the creation or alteration of the image or voice of a living, deceased, or fictional person. The ministers established that punishment for using deepfakes applies exclusively in cases of electoral propaganda. The Court analyzed an AI video simulating Jair Bolsonaro and determined that the transmission of party conventions on social media, by itself, does not constitute early electoral propaganda. Although the use of deepfakes is prohibited to favor or harm candidacies, the decision established clear parameters for the application of the law, differentiating stylized content from realistic simulations.