The Electoral Prosecutor General's Office (PGE) argues that Meta should be fined for failing to comply with part of the orders issued by the Superior Electoral Court (TSE) to ensure equality between the campaigns of Lula and Flávio Bolsonaro in the second round of the elections.
The report also points to evidence of unequal treatment in the company's artificial intelligence. The statement came after Justice Marco Aurélio Bellizze, the rapporteur on the case, demanded proof that the platform had complied with the rules imposed on it.
The Electoral Public Prosecutor's Office requests detailed data on the blocking and reassessment of political ads on the platforms. – Image: Blossom Stock Studio / Shutterstock
Prosecutor's Office points to failures in the provision of information
In the PGE's assessment, Meta did not prove that it had fulfilled all the obligations established by the Electoral Justice. Among the points questioned are the equal handling of reports, the submission of individualized information on reassessed and suspended ads, and the delivery of a confidential report in Portuguese.
The company told the TSE on Tuesday (20) that it had complied with the orders concerning the distribution of political content and the airing of electoral ads. It also denied any selectivity.
The report acknowledges that some measures were taken, but requests clarification about the internal investigation of 255 profiles deemed inauthentic.Although Meta informed that it had completed the procedure and tailored the measures for each account, the Prosecutor’s Office states that the available documentation does not fully substantiate these actions.
AI-generated translations and images enter the dispute
Lula’s campaign presented new elements that, according to the PGE, may indicate another violation of the requirement of equal treatment. One of the cases involves the social media platforms’ automatic translator.
According to the legal representation, critical comments about Flávio Bolsonaro were being translated with the meaning reversed. The phrase “Flávio futuro presidiário!!”, for example, would have been converted into “Flávio future president!!” (“Flávio future inmate”). Likewise, “Nosso futuro presidiário” would have become “Our future president” (“Our future inmate”).
For the Prosecutor’s Office, differences in responses depending on the candidacy mentioned weaken the hypothesis of a random error. The problem may also affect spontaneous expressions by voters and the metrics associated with comments.
The campaign also accuses the Meta AI tool of generating content favorable to Flávio Bolsonaro from generic prompts about politics. According to the legal representation, requests involving terms such as “president”, “presidency of the Republic” and “elections” could result in images with the number 22, even when the context did not justify that association.
The PGE requests that the episodes be included in the analysis of compliance with the judicial decision and that the company provide specific technical explanations.
The case rekindles the national debate over the responsibility of big techs in regulating AI-generated content. – Image: Alejandro Zambrana/Secom/TSE
What is still under discussion
Among the points that need clarification in the investigation are:
- How Meta assessed the 255 profiles deemed inauthentic;
- What measures were actually applied to each account;
- How the company verified the operation of machine translation and image generation;
- Which documents and reports prove compliance with the orders.
On October 15, Bellizze ordered Meta not to reduce distribution, exclude recommendations, or restrict searches for political and electoral content from any candidate in the second round. The decision also established rules for recommendation systems and Meta AI.
The State Public Prosecutor’s Office argues that the fine should be calculated from the moment each obligation was breached. The opinion does not set an amount, but the reporting judge has already indicated the possibility of a penalty of up to R$ 1 million per day. The case analysis should consider the measures already adopted by the company and the outstanding issues identified by the MPE.
Valdir Antonelli is a journalist specializing in digital marketing and consumer behavior.
