Artificial Intelligence and Digital Electoral Advertising: Comparative Analysis of Brazilian and Argentine Regulatory Frameworks

Abstract

The emergence of generative artificial intelligence in electoral processes poses unprecedented challenges to democratic integrity. Deepfakes, algorithmic microtargeting, and automated disinformation substantially alter the conditions under which citizens exercise their right to vote. Brazil and Argentina, two of Latin America's most significant democracies, have adopted divergent approaches to this phenomenon. In 2024, Brazil established one of the world's most advanced regulatory frameworks through Resolution 23732 of the Superior Electoral Court, with an express prohibition of deepfakes, mandatory labeling requirements for synthetic content, and joint liability for digital platforms. Argentina, by contrast, lacks specific regulation and relies on the analogical application of Article 140 of the National Electoral Code. This study undertakes a comprehensive comparative analysis of both legal systems using the functional comparative method, examining legislation, case law, and bills under consideration during the period 2019–2026. The research identifies significant convergences in the shared recognition of the threat AI poses to electoral integrity, but fundamental divergences in regulatory approach: Brazil adopts a preventive model with ex ante regulation through Superior Electoral Court resolutions, while Argentina maintains a reactive approach based on ex post judicial intervention. The work proposes fundamental regulatory principles that could serve as a basis for regional standards, including algorithmic transparency, content traceability, shared responsibility among digital ecosystem stakeholders, and regulatory proportionality.