Meta Under Scrutiny Ahead of Brazilian Presidential Runoff
Meta has been given a strict 24-hour deadline to demonstrate that it guarantees equal treatment for the electoral campaigns of Luiz Inácio Lula da Silva and Flávio Bolsonaro, the two candidates competing in Brazil’s presidential runoff. This requirement, issued by Brazil’s Superior Electoral Court (TSE), follows complaints from both candidates’ teams alleging that the company’s digital services exhibit biases in the distribution, visibility, and reach of content favouring their respective opponents.
The directive was announced on Monday by Judge Marco Aurélio Bellizze, who cautioned that the parent company of Facebook, Instagram, and WhatsApp could face fines of up to one million reais per day (approximately $200,000) if it fails to demonstrate compliance with the previously established equity requirements set by electoral authorities. This penalty will remain in effect until the conclusion of the second round, scheduled for Sunday, October 25.
Accusations of Bias and Disinformation
In recent weeks, Lula da Silva’s support groups lodged a formal complaint with the TSE, accusing Meta of selectively limiting the dissemination and paid promotion of posts associated with the current Brazilian president and allied political sectors. Concurrently, Bolsonaro’s team reported a WhatsApp channel named “Exército de Lula,” which boasts over four million followers and shares supportive messages for the president, alleging disinformation. In this instance, the TSE dismissed the claims and permitted the channel to continue its operations. However, supporters of the senator argued that the company’s algorithms were detrimental to their candidate and demanded that electoral authorities ensure equitable conditions in digital spaces throughout the campaign.
In response, the TSE issued a resolution last week imposing new obligations on Meta to ensure fair treatment during the electoral process. The provision prohibits the company from artificially reducing the dissemination of political posts by either Lula or Flávio Bolsonaro, excluding them from recommendations, limiting their visibility in search results, or altering metrics to disadvantage either candidate.
New Obligations and Potential Penalties
Furthermore, the resolution mandates that Meta’s virtual assistant, Meta AI, process and respond equally to information requests about both candidates, without applying different restrictions for political reasons. The company is also required to suspend electoral advertising paid for by individuals or entities not authorised to engage in such activities, particularly when managed from foreign accounts. Additionally, Meta has been instructed to investigate 255 profiles identified as part of a potential inauthentic network and to verify the tagging of artificial intelligence in 1,204 posts. Failure to comply with these provisions could result in a daily fine of 500,000 Brazilian reais.
Meta’s Response and Ongoing Legal Battles
In a recent review, Judge Bellizze stated that there was insufficient evidence to prove that Meta’s systems deliberately favour or disadvantage any candidates. Nevertheless, he noted that there is also a lack of compelling evidence that the technology company has satisfactorily met all the requirements set forth by the authorities, leading to an increase in the proposed fine.
“The repeated non-compliance, just days before the electoral runoff, indicates that the imposed fine was inadequate,” read the statement. So far, Meta has not publicly responded to the new resolution. However, last week, the company denied that its services or algorithms exhibited biases that could interfere with the Brazilian elections, attributing the documented incidents to technical failures affecting various markets, including Brazil.
Concerns Over Legal Disputes and Digital Influence
Amidst the ongoing disputes, the TSE has summoned representatives from both Lula’s and Flávio Bolsonaro’s campaigns to caution them against the risks of transforming the electoral contest into a series of litigation aimed at removing content, a practice that could curtail freedom of debate. According to information released by AFP, the court had recorded 162 legal challenges following the first round of voting, more than triple the number seen during the same period in the 2022 elections. This figure underscores the increasingly significant role of digital spaces in shaping opinions and their influence on voters in such a closely contested electoral race.