Electoral Courts and the Regulation of Social Media in Brazil: An Analysis of the Anti-Democratic Disinformation Regulation during the 2022 Elections

Abstract

This study analyzes the need for specific legislation regulating big techs’ activities concerning network transparency and accountability in Brazilian law, considering the massive dissemination of fake news and the question of its influence on democratic stability. Drawing on the operations of major technology firms and their algorithms, coupled with prevalent self-regulation and the lack of comprehensive data on fake news dissemination, this work establishes parameters based on the decisions of the Brazilian Superior Electoral Court (TSE) and Regional Electoral Courts (TREs) regarding anti-democratic fake news shared on social media during electoral processes. The research is both fundamental and applied in nature, incorporates a propositional objective, and employs bibliographic, documentary, and jurimetric methods through a mixed-methods approach that combines quantitative and qualitative techniques, employs content analysis and incorporates an instrument-validation procedure. The conclusion presents an objective synthesis of the findings, including an assessment of the tested hypotheses, in a propositional format aligned with the study’s purpose. It also reflects on the data analysis to underscore the imperative of regulating social media as a mechanism to preserve democratic order.