The Complaints and Denunciations Commission of the National Electoral Institute (INE) ordered to Brunette withdraw from the local agenda in Tamaulipas two spots in which he accuses the state governor, Francisco Javier García Cabeza de Vaca, of the crimes of intimidation, abuse of authority and threats, without this being part of freedom of expression within the current electoral process in the Tamaulipas entity.
By unanimous vote of the directors Claudia Zavala, Ciro Murayama and Adriana Favela, the Complaints and Complaints Commission, in a virtual session, endorsed the precautionary measures requested by Governor García Cabeza de Vaca, against Morena, for alleged slander, derived of the diffusion of two promotional programs scheduled on radio and television for the Local Electoral Process in Tamaulipas.
The Commission considered that with the promotional broadcast on radio and television called “Take your hands out of the election”, Morena apparently slanders the complainant.
In the TV and radio spot the following phrases are used: “Cabeza de Vaca […] uses intimidation against all of us who want the transformation of Tamaulipas”, “Cabeza de Vaca persecutes and threatens the opposition in Tamaulipas”, as well as “We are a few days away from putting an end to the abuse of authority”.
The members of the Commission estimated that, from a preliminary point of view, the expressions contained in the promotional include the accusation of a crime against the governor of Tamaulipas, which transcends a topic of general interest and is not protected by freedom of expression. .
The foregoing because intimidation, abuse of authority and threats are behaviors provided for as crimes in articles 212, 224 and 305 of the Penal Code for the state of Tamaulipas.
Consequently, Morena was ordered to immediately replace, within a period not exceeding six hours, the promotional reference and linked the radio and television concessionaires.
As for the promotional “Take your hands out of the election V1”, television and radio version, the directors of the INE In said commission, the precautionary measure was ruled inadmissible, because the imputation of false facts or crimes with an impact on the electoral process is not noticed, since the auditory and visual contents correspond to the point of view, position and criticism of the sender of the message, in around issues that are part of the debate in the media and in which the governor of Tamaulipas is mentioned.
Promotional of the PRI protected under the freedom of expression
In another matter, the Complaints and Reports Commission of the INE denied the request for precautionary measures requested by Morena against the PRI for alleged improper use of the guideline, slander, use of discriminatory messages and hate speech, derived from the broadcast of the promotional for television called PRI AS, broadcast in 25 states.
The Commission considered that, from a preliminary perspective, the phrases “A few days ago the president put criminals and citizens on the same level”, “he pointed out that in Mexico there is a different policy, where crime is taken care of” and “Morena It is the worst thing that has happened to Mexico”, they do not update the slander, because there is no notice of any phrase that unequivocally implies a specific imputation of a false fact or crime to the complainant in a clear and unambiguous manner or that it is part of a campaign dirty against you.
It also determined that it does not imply an intention to confuse the electorate, but rather deals with opinions that, in principle, are protected by freedom of expression, since it is the perspective that the President of Mexico expressed about criminals and the treatment that they should receive, about which, even, he specified that it was not a slip.
Similarly, the electoral authority did not warn, in a preliminary vision, that the promotional includes racist, discriminatory or hostile ideas and opinions, so it does not constitute an apology of hatred, incitement to violence, discrimination or political persecution against vulnerable groups, as it does not intend to call for or take violent action against Brunette.
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