Mexico City. By majority vote, the Specialized Chamber of the Electoral Tribunal of the Judicial Branch of the Federation (TEPJF) determined that Xóchitl Gálvez did not violate the propaganda rules by disclosing the logo of the National Electoral Institute (INE).
The presidential candidate of the PRI-PAN-PRD coalition asked the INE, from her X account, to carry out a campaign on social programs and, to do so, she used an image of a spectacular public, with the image of the referee.
Morena filed a complaint and assured that Gálvez violated the rules of electoral propaganda, by improperly including the INE logo with the purpose of positioning his propaganda and generating confusion among citizens, which generates transgression of the principles of certainty, legality and equity in the contest.
The speaker of the case was Rubén Lara Patrón and he had the support of acting magistrate Mónica Lozano.
On the other hand, the interim president of the Chamber, Luis Espíndola, voted against the project, pointing out that Gálvez incurred a simulation of a communication from the INE.
He considered that the file should have been returned to the investigating authority (INE) so that it could summon the parties regarding an infraction “that from my perspective also actualized the violation of article 41 third base, part c, of the Constitution, since from my perspective perspective, I warn that the case involved analyzing the improper use of the image or logo of the INE to simulate the dissemination of institutional information” within the framework of the contest for the Presidency of the Republic.
From my perspective, the magistrate added, it is necessary to carry out a contextual analysis “to identify that this is not a neutral publication but rather eminently electoral propaganda that aims to generate the sympathy or adhesion of citizens with the proposals of one of the options. participants”.
“I do not find acceptable reasons that justify this action; From my perspective, an institutional communication was simulated and this generated confusion in the electorate “and even the INE had to make a clarification in this regard.
Meanwhile, the approved project indicates that the purpose of such publication was not to promote the candidate’s platform “but to inform of the request” that she presented to the general council of the INE.
“The proposal reasons that although the publication appears the image of four billboards that each contain the INE logo, it must be understood that these are illustrative images that were intended to serve as an example or suggestion to the INE about the way in which the dissemination campaign could materialize,” he said.
For this reason – it is added in the approved project – the publication cannot be considered to constitute a violation of the electoral propaganda rules or the political communication model “since there were sufficient semantic and contextual elements that would allow the intention of the publication to be inferred.”
It determined that the content did not generate confusion among citizens because it was not false information, but rather issues anchored in public debate and, therefore, protected by freedom of expression.
The resolutions of the Specialized Chamber may be challenged before the Superior Chamber of this same Court.
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– 2024-05-04 08:48:04
