Article 76 Commercial advertising. “From the publication of the decree marking the election date, political propaganda, whether direct or indirect, through commercial advertisements is prohibited.”.
The standard is set out in the electoral law for the Legislative Assembly of the Autonomous Region of Madeira and effective from July 5 – the day of publication of the Decree of the President of the Republic setting the date for the election of deputies to the Legislative Assembly of the Autonomous Region of Madeira: September 24 this year.
And there is already a case considered “propaganda” by the opposition parties: a commercial supplement to the new health center in Seixal, which was inaugurated on July 13 by Miguel Albuquerque after “works to adapt the vacant building of the Primary School of the 1st cycle with kindergarten in Seixal” and which “represented an investment of about 600 thousand euros by the regional government”.
The commercial supplement that appeared in the DAILY [Diário de Notícias da Madeira]by the “general contractor of the work”, the company JAG Construções, praised the “development of health in the island of Madeira”, the “importance of health centers” and “improved health services” that the new center “will provide to users” of Seixal (in Porto Moniz, socialist municipality) will be the subject of a complaint to the National Election Commission.
If the violation of Article 76 is confirmed, which has been verified “political propaganda made, directly or indirectly, through commercial advertising”, “the unauthorized act” “shall be punished by a fine, in accordance with the provisions of Article 137..
To the Supreme Court”Results clear from the letter and spirit of the combined provisions of Articles 46 and 209 of Law No.”.
It therefore concludes that “The argument that the company “does not make” the ad, but only “sends it”, does not hold, since the nature and elements of the alleged infringement show that the offense arises materially from the fact that the prohibited ad is broadcast, by itself or in its wording, and thus from the apparent legal intent to also hold accountable the company that publishes a message that is part of that ad”.
That is what Nuno Morna, candidate of the Liberal Initiative, thinks there is “obvious” violation of electoral law here, with the party already “attempting to participate in the CNE”. And this case seems to be just the “beginning” of others – there are still 59 days of the election campaign ahead.
Ricardo Lume, PCP-M deputy, for considering “illegal” that supplement will soon “formalize the complaint” with the CNE. The understanding is that the publication in question falls within “a series of news and institutional propaganda” that violates the Electoral Law for the Legislative Assembly of the Autonomous Region of Madeira.
Élvio Sousa, deputy of the JPP [Juntos pelo Povo]considers that “there are other aspects to be taken into account”, without specifying which ones, and that after the meeting of the political committee, the party will decide whether or not to file a complaint, as according to him everything can depend on “who asked for publicity”.
“Whether it was ultimately the construction company, I have serious doubts, although the CNE expressly says that at the level of commercial advertising “any person, natural or collective, who promotes or commissions this advertising, as well as any company that does so” is prohibited from advertising through commercial advertising media. [o art.º 76] and also the rest of the CNE regulations,” he says.
However, this is not the opinion of the Supreme Court in its assessment of the application of the relevant legislation.
“In addition to the entity promoting or ordering commercial advertisements prohibited under that rule, the company making them is also the author of the crime contained in those advertisements,” the STJ says.
The PS-M, on the other hand is analyzing the matter and will not immediately report to the National Electoral Commissionunlike the IL and the PCP who do not hesitate to consider that the electoral law for the Legislative Assembly of the Autonomous Region of Madeira is not being respected.
In fact, since July 5, the media of Madeira they are obliged “to treat the various candidacies in a non-discriminatory journalistic manner” and must guarantee “equal journalistic treatment of candidacies”.
The duty ofneutrality and impartiality with regard to candidacies” also refers to “the holders of organs and agents of the state, of the autonomous regions, of the municipalities, of collective persons of public law, of collective persons of public public utility, of concessionaires of public services, of goods of the public domain or of public works and of public or mixed economy companies, in the exercise of their functions, must maintain strict neutrality vis-à-vis the various candidacies and political parties”.
I.e:” As such, they must not intervene or make statements, take positions, have proceedings, directly or indirectly, in the election campaign, nor do any act which, in any way, favors or harms any contestant in the election to the detriment or benefit of others.”.
Chega-M candidate Miguel Castro is not surprised by this “replenishment case” because “violations of the law by the regional government have become a constant”.
Source: DN
