In compliance with a ruling by the Electoral Tribunal of the Federation Judiciary (TEPJF), the National Electoral Institute (INE) issued precautionary measures to withdraw two promotional measures: one from the Citizen Movement (MC) and another from the National Action Party (PAN).
According to the statement of the autonomous body, in both cases, the promotional ones will be withdrawn because they contain such libelous offenses, while in one of them it was for the allegation of a crime or false act.
In the first case, the PAN denounced the MC for slander, resulting from the dissemination of the promotional entitled Contraste Aguascalientes, in its version for radio and television, to the detriment of the blue and white candidate for the governorship of the entity María Teresa Jiménez.
This complaint was analyzed by the INE Complaints and Complaints Commission, which determined that it was inadmissible. However, the Superior Chamber of the TEPJF revoked the agreement of inappropriateness, arguing that “there is a risk that transcends the greater impairment of a right or a substantial principle in electoral matters.”
This “must be protected in order to avoid statements that could negatively affect free and informed voting”, since the ad included the following phrase: “If this is how she stole as mayor, imagine yourself as governor”, which preliminarily constitutes the charge of a crime or false act against the PAN candidate.
Therefore, MC must withdraw this promotional within 12 hours and replace it with generic material. Meanwhile, the INE will do the corresponding action by informing concessionaires who do not disseminate the promotional through the Office of the Executive Directorate of Prerogatives and Political Parties.
On the other hand, in the state of Tamaulipas, the PAN was ordered to withdraw promotional, this time for containing slanderous expressions against several officials belonging to the Movimiento Regeneración Nacional party (Morena).
This complaint was filed by Morena's deputy, Erasmo González Robledo, for alleged slander in the promo CAM TAM S1 and CAM TAM S2, in which it is stated that the deputy and other party characters are linked to drug trafficking and are part of organized crime.
Among the phrases are: “they are part of organized crime” or “They were paid for their political careers, used their private planes, luxury armored vans and more.”
The members of the Commission determined that the precautionary measures requested should be granted because the above-mentioned phrases do not find coverage in the freedom of expression and the right to information, since “they could constitute the charge of a crime or false act against” the deputy “without there being a minimum of truthfulness in respect of the facts that would allow these claims to be supported”.
Therefore, the PAN was ordered to replace the promotional with generic or reserve material for the CAM TAM S1 content in its television version, while the Commission determined that in CAM TAM S2, it contained critical expressions of opinion of the broadcasting party regarding the way the Morena governments have developed in the region.
Therefore, the imputation of false facts or crimes to a particular person was not clearly noticed in the second promotional.
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