The Complaints and Complaints Commission of the National Electoral Institute declared precautionary measures to be appropriate, in its aspect of preventive protection, when resolving a complaint presented by the representation of the National Action Party (PAN).
The National Electoral Institute (INE) ordered President Andrés Manuel López Obrador to refrain from disseminating government propaganda and expressions of electoral content until the next election day on June 6.
The Complaints and Complaints Commission of the National Electoral Institute declared precautionary measures to be appropriate, in its area of preventive protection, when resolving a complaint presented by the National Action Party (PAN) representation.
In it, he presented two complaints against the President of the Republic for the expressions he made during his morning conferences from April 5 to May 18, as well as on May 20 and 26.
The PAN considered that government propaganda was disseminated in them and political-electoral demonstrations were held within the campaign period of the federal and local electoral processes underway, thereby violating the principles of impartiality, equity, and neutrality, which should prevail in the contest.
It also denounced the breach of the guidelines for the channels transmitted by the Public Broadcasting System of the Mexican State, Channel 11, Channel 14, and Channel 22, since, during the transmission of the morning lectures, the promotional guidelines would not have been broadcast. ordered by the INE.
For this reason, it requested as a precautionary measure the suspension of the morning conferences and their dissemination on social networks and official internet sites until June 6.
When making a meticulous analysis of the content of the morning conferences denounced, the members of the Complaints Commission warned that, at least during the period from April 5 to May 26, the head of the Executive Power repeatedly and constantly ruled on topics and aspects prohibited by the Constitution, so there is a certain and objective basis that allows considering the imminent continuation or repetition of this type of activity in the days to come.
They determined that of the 36 press conferences analyzed, at least in 29 of them and for a total of 469 minutes, the President of the Republic made statements that could be classified as government propaganda or information that could influence electoral preferences.
Thus, in more than 80% of the conferences analyzed, it was noted that their conduct apparently did not adjust to the limits and parameters set forth in articles 41 and 134 of the Constitution, as well as the criteria expressly established by the Superior Chamber of the Electoral Tribunal regarding this type of activity.
“This analysis denotes a repeated and systematic pattern of conduct that can seriously affect the fairness of the contest since most of the press conferences that were the subject of the complaint addressed electoral issues. Due to the foregoing, it was considered that the immediate situation could be delicate and serious, especially if one takes into account that the campaign stage of the federal and local electoral processes is currently underway, and the celebration of the Electoral Day is near. Thus, the members of the Commission deemed it necessary, justified and proportional to issue precautionary measures in the form of preventive protection, “the INE said in a statement.
Morning press conferences
The INE Complaints and Complaints Commission ordered the President of the Republic to refrain from disseminating government achievements, including social programs and beneficiaries, during the electoral campaigns and until the day of the meeting to be held next June 6. , public works, as well as issuing any type of manifestation that may affect the electoral preferences of the citizenry.
Thus, the president must refrain from the dissemination of government achievements or government actions that seek to exalt a particular government; exercise the prerogatives of political parties (public financing and access to radio and television); expressions about the internal life of national and local political parties; demonstrations in favor and/or against the candidacies of political and independent parties (registration, nomination, among others); demonstrations for and/or against fronts, electoral coalitions, mergers, national or local alliances; demonstrations in favor and/or against electoral platforms; or demonstrations that involve the association of a political force with government achievements.
Also, it is ordered that manifestations that imply the personalized promotion of a government official, pre-candidacy, candidacy, or independent candidacy be avoided; electoral strategies of any national or local political force; polls of voting intention or electoral preferences; as well as any message that seeks or generates a persuasive and influencing effect on the electorate that could put at risk the principles and values protected by our Constitution and the electoral model provided in it.
On the other hand, the Commission considered it inappropriate to order the Federal Executive to suspend the broadcast of the morning press conferences since said exercise, by itself, does not contravene any legal norm or provision, declaring also inadmissible to order that said conferences be stopped. spread through official internet sites.
On May 26, the Superior Chamber of the Electoral Tribunal of the Federal Judicial Power (TEPJF) determined that the event of President Andrés Manuel López Obrador on March 30 on the occasion of his “First 100 days of the Third Year of Government”, held in the National Palace, constituted personalized and illicit government propaganda, for which it ordered its Specialized Regional Chamber to determine a suitable sanction.