META must protect political expression and guarantee effective remedy during Brazil elections: UN experts

META must protect political expression and guarantee effective remedy during Brazil elections: UN experts

GENEVA – Reports of restrictions on legitimate political expression on Meta platforms during Brazil’s elections raise concerns for freedom of expression, association, political participation and equal treatment of political viewpoints, UN experts* said today.

“Online platforms are key actors in democratic debate. Preventing people from speaking or reaching audiences without explanation affects who is heard,” the experts said.

International election observers have raised concerns about Meta’s platforms. Incidents include temporary interruptions of one candidate’s campaign account; differences in audience engagement, user feeds, view counts and reach; restrictions on that campaign’s Instagram posts; and differences between the main political parties in AI image generation, WhatsApp channel search results, candidates’ Stories and the distribution of political content potentially benefiting the opposing candidate’s campaign.

“Monitoring reports show thousands of accounts and posts have faced suspensions, reduced visibility and sharing limits, including journalists, human rights defenders, civil society actors and content creators,” the experts said. “Information, including from Meta employees, suggests that accounts linked to one side of the presidential race were disproportionately curtailed.”

A Superior Electoral Court judge ordered Meta to apply the same rules to both candidates until the runoff, prohibiting unequal restrictions on campaign reach, recommendations and search results.

“Losing reach can mean losing a voice in public debate and the ability to mobilise communities. Algorithms, AI systems and content-moderation decisions must not become invisible arbiters of political discussion. Where political expression appears disproportionately restricted, platforms must explain why, address unequal impacts and ensure effective remedies.”

The experts warned that such restrictions can affect access to information, peaceful assembly and association. They can undermine elections when fundamental freedoms are not respected throughout the electoral process.

“The responsibility to respect human rights requires technology companies to identify, prevent and address adverse impacts, in line with the UN Guiding Principles on Business and Human Rights, including in platform governance and content moderation,” they said. “During elections, delayed remedies may have irreversible consequences. Freedom of expression and information integrity must therefore go hand in hand. Measures against disinformation must not arbitrarily restrict legitimate political expression.”

The experts said an independent and impartial judiciary, including electoral tribunals, is a cornerstone of democracy.

“Any restrictions on political expression, including on private platforms, must be subject to due process and effective remedies. Electoral processes depend on open and dynamic debate, requiring judges to exercise particular caution when considering such measures. Even the perception of unequal treatment can erode public trust” they said.

The experts urged Meta to assess whether its moderation, recommendation and AI systems disproportionately restricted one side of Brazil’s electoral debate. They called on the company to provide adequate explanations and remedies, apply rules consistently and without discrimination, engage transparently with civil society and ensure complaints can be addressed during the electoral period.

“Digital platforms must not become unaccountable gatekeepers of political debate, nor should their systems be susceptible to undue influence by political actors. Democracy and free and fair elections depend on independent and consistent platforms and an open, pluralistic environment where people can access information, scrutinise those seeking power, exchange views and organise without arbitrary interference,” the experts said.