Between Discourse and Practice: Accountability as an Enforcement Mechanism in TSE Resolution No. 23.732/2019, as Updated by Resolution No. 23.732/2024

Abstract

This study is based on ongoing research conducted within the Laboratory for Artificial Intelligence Governance and Regulation (LIA), an initiative linked to the Center for Law, Internet and Society (CEDIS) at the Brazilian Institute for Education, Development and Research (IDP). The article aims to contribute to the proper interpretation of Article 9-D of the Superior Electoral Court (TSE) Resolution nº 23,732/2024, providing support for the enhancement of the regulation established by TSE Resolution No. 23,610/2019, considering European and British experiences. Inspired by international regulatory frameworks, such as the Digital Services Act (DSA) and the Online Safety Act (OSA), the provision established a micro-system (Art. 9-D) that imposes on providers of intermediary services the duty to prevent and curb the dissemination of misinformative content capable of compromising the integrity of the electoral process. Comparative analysis with practices adopted in the European Union and the United Kingdom highlights the need for normative and operational improvements, replacing purely sanction-based models with continuous compliance and accountability mechanisms, grounded in risk assessments, independent audits, and public transparency reports. In this context, the duty of accountability should serve as a central enforcement instrument, ensuring the effectiveness of the measures implemented by digital platforms.