The means of electoral propaganda on the internet and the need for intervention by the Electoral Court

Abstract

This article deals with the means of electoral advertising on the internet and the need for intervention by the Electoral Court to protect and fairness the election. The forms of online communication are constantly updated quickly and create several challenges for judicial part in interpreting current legislation and maintaining transparency and correctness of elections. The article summarizes the evolution of internet advertising rules, bringing out the main means used for internet advertising, the supervisory challenges due to constant changes and actions carried out in digital media. Next, an analysis is made of article 57 of Law No. 9,504/97, which provides the basic guidelines for internet advertising and emblematic cases of the 2024 Elections that gained national prominence. Finally, it proposes a debate between freedom of expression and negative advertising, debating jurisprudentially how the Electoral Court is dealing with fake news and other irregular content to guarantee democratic elections.