The pitfalls of judicial intervention on disinformation: an account of the Brazilian 2022 election

This paper provides a case study of Brazilian electoral disinformation and examines the complexities of the court-led response. Through qualitative analysis of empirical research and news coverage, it explores technological, social and political factors of legal relevance that help illuminate the broader context of electoral disinformation and the measures implemented to counter it during Brazil’s 2022 election. The main findings suggest that evolving patterns in information dissemination over the past decade have facilitated the spread of disinformation, while missed opportunities in internet regulation have further fueled its proliferation. Both the Brazilian Supreme Court and the Superior Electoral Court assumed active roles in curb extreme right-wing disinformation; however, their efforts to protect Brazilian democracy were hampered by excessive reliance on rulemaking authority, erosion of procedural norms and the abuse of individual powers.