The proposal under discussion at the (Superior Electoral Court) to allow people on their social networks, before the official campaign, could create an imbalance in the election, according to experts in digital law and electoral lawyers interviewed by the Sheet.
This suggestion appears in a draft presented by the vice-president of the TSE (Superior Electoral Court), Kassio Nunes Marques, in the midst of what will govern this year’s election. The final versions must be approved by March 5, after a vote by the court’s plenary.
In general, those interviewed see risk in the possibility of boosting.
The text in question says that, without “elements related to the electoral dispute”, posts critical of governments would not be considered negative in advance — a practice that is prohibited and can generate a fine. And the most important point: the rule would apply even in the case of boosting, a mechanism provided by some social networks that allows you to expand the reach of a post through payment.
“Criticism of public administration is protected by freedom of expression. This is not under discussion. What is under discussion is the way in which this criticism would be made, through boosting, which could bring an imbalance to the election”, says André Boselli, coordinator of information ecosystems at the NGO Artigo 19, specialized in topics related to freedom of expression.
Camila Tsuzuki, research coordinator at InternetLab, says that the organization recommended the removal of the excerpt, with the intention of preventing undue financing of the campaign by third parties. She also sees a risk of imbalance in the election.
The PGE (Electoral Attorney General’s Office) and the Public Ministry of the State of São Paulo also criticized the proposal.
At a hearing, prosecutor Jaime Meira do Nascimento Jr. stated that the item could allow economic power to “influence the debate under the cloak of freedom of expression.” A to prevent disinformation and defamation campaigns, citing, for example, those (investigated in the wake of the Banco Master scandal).
One point on which there was disagreement among those interviewed was whether, according to the current rules, “ordinary” people could criticize governments.
Electoral lawyer Carla Nicolini says that the current resolution authorizes the hiring of paid promotion of political/electoral content in the pre-campaign only by a party or person who wants to run for office.
“Currently, anyone can criticize or praise the government. What electoral legislation prohibits is payment to expand the reach of this demonstration by individuals”, she understands.
Electoral lawyer Francisco Almeida Prado understands that there are cases in which boosting would be allowed. “If there is no electoral connection and no message with electoral content, but mere criticism, I understand that this boost is already possible today”, he says.
“The problem with putting this in the resolution is that it can encourage or serve as a pretext for campaigns to co-opt people and encourage them to criticize for remuneration”, he considers
Electoral lawyer Hélio Freitas da Silveira also considers that the current rules do not prohibit any type of drive against public administration. He believes that the best thing would be to keep the rules as they are, and let the electoral judge decide, on a case-by-case basis, whether there was abuse.
In January, the TSE opened a deadline for sending suggestions, and they were carried out last week. A and by the government. The representative defended the proposal on boosting, asking only for a change in the wording. According to the acronym, the rule “strengthens freedom of government criticism and reduces the risk of indirect censorship in the pre-campaign”.
Lawyer Ricardo Vita Porto, president of the Electoral Law Commission of the OAB-SP (Brazilian Bar Association), says he is against the rule. “Candidacies have spending limits. Opening the door to allow people who are not candidates to promote, pay for, electoral content on the internet, evidently causes a great imbalance in the electoral process”, he says.
Understand the rule under debate and the rules currently in force.
SUGGESTED RULE
The proposal suggests that “criticism of the performance of the public administration, carried out by a common person, does not characterize negative early electoral propaganda, even if the hiring of promotion occurs, as long as elements related to the electoral dispute are absent”.
RULES IN FORCE
Pre-campaign boost
Paid promotion of political-electoral content is only permitted during the pre-campaign when:
- the service is contracted by a political party or by the person who intends to run for office;
- there is no explicit request for a vote;
- spending is moderate, proportionate and transparent;
- the rules applicable to boosting during the campaign are observed.
Negative advertising is prohibited
The boost can only be used to promote or benefit the candidate, party or federation that hires it, and use for negative advertising is prohibited.
Definition of political-electoral content
It is one “that deals with elections, political parties, federations and coalitions, elected positions, people holding elected positions, candidates, government proposals, bills, exercise of the right to vote and other political rights or matters related to the electoral process”.
Electoral propaganda by citizens
Electoral propaganda on the internet can be carried out on social networks by anyone, as long as content promotion is not contracted.
