Current Challenges in Digital Elections: Lessons from Electoral Regulation and Digital Campaigning in Brazil
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Zusammenfassung
This report addresses the regulation of digital electoral environments. Using Brazil’s 2024 local elections as a case study, it analyzes innovative regulatory measures introduced by the Brazilian Superior Electoral Court (TSE) to manage digital political communications. As digital campaigning expands beyond traditional media into social platforms and AI-generated content, Brazil exemplifies the difficulties democracies face in adapting electoral oversight to new realities. The central contribution is an in-depth examination of five regulatory innovations in TSE Regulation No. 23,732/2024 that strengthen platform accountability: (1) rules on microtargeting and data protection; (2) mandatory Ad Libraries enhancing transparency of political ads; (3) regulation of generative AI content; (4) duties and content moderation obligations for digital platforms; and (5) updated intermediary liability frameworks. These reforms represent an important judicial attempt to fill legislative gaps and respond to the digital disruption of electoral processes. The report situates Brazil’s approach within a wider comparative debate on how liberal democracies confront digital electoral challenges. It highlights issues of legitimacy, legal competence, and enforcement, while providing policy recommendations applicable beyond Brazil. Ultimately, this study offers insights into evolving models of electoral governance, bridging national experience with global democratic challenges in the digital age.