TSE Cracks Down on Misinformation and Maintains Institutional Neutrality Ahead of Brazilian Runoff

The Superior Electoral Court (TSE) of Brazil has taken decisive action against political misinformation during the 2026 elections, signaling a stricter approach to regulating electoral propaganda. On October 9, the court ordered Senator Flávio Bolsonaro, a presidential candidate, to remove posts from social media that linked his rival Luiz Inácio Lula da Silva to criminal organizations. Bolsonaro's posts accused Lula of defending criminals and framed him as being against Brazil, leaning on U.S. designations of Brazilian factions as terrorist groups. One contentious post included an AI-generated image of Lula that was not properly labeled, resulting in a fine from the TSE.

Initially, TSE Minister André Mendonça supported allowing the posts to remain, considering them critical opinions rather than factual crime allegations. However, he later reversed his stance, joining a shift in the court's judgments that deem even implied associations without explicit criminal accusations as unacceptable political propaganda. Mendonça commented, “The association of a candidate with a criminal organization devoid of factual basis transcends the limits of political criticism and constitutes serious misrepresentation.” This decision underscores the court's evolving vigilance against misinformation.

Separately, TSE President Nunes Marques addressed the politically sensitive issue of impeachment discussions targeting Supreme Federal Court (STF) ministers, emphasizing that such decisions fall solely within the Senate's jurisdiction. He avoided predicting the potential outcomes amidst the new Congress's composition and opted not to influence ongoing electoral matters by postponing reviews of related cases, including those involving former President Jair Bolsonaro until after the runoff. Marques also highlighted that electoral monitoring during the first round found no evidence of interference, attributing the decline in misinformation campaigns to stronger regulations and cooperation with digital platforms.

Nunes Marques acknowledged the challenges faced by Brazil's judiciary but praised STF President Edson Fachin’s moderate leadership. He maintained the necessity of preserving electoral justice’s independence and the TSE’s authority over election-related adjudications, even amid heightened tensions with the STF during the campaign.

Together, these developments illustrate the TSE’s intensified role in safeguarding electoral integrity through combating misinformation, clarifying institutional boundaries, and promoting a stable electoral process ahead of the crucial second round of the 2026 Brazilian elections.