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Media and Elections

Brazil Brazil

ME037

Criteria for allocating free broadcast time
Question:What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s): a. Equal regardless of size of party and previous performance
b. Based on number of candidates put forward in present elections
c. Based on result of previous election
Comments: Art. 47: § 2º The time reserved for advertising in each election, as per § 1, will be distributed among all parties and coalitions that have candidates, following the criteria set forth below: I – 90% (ninety percent) shall be distributed proportionally to the number of representatives in the Chamber of Deputies, considering, in the case of a coalition for the majoritarian elections, the sum of the number of representatives from the six (6) largest parties that are part of it; II – 10% (ten percent) shall be distributed equally.
Source: Elections Law – Law No. 9,504, of September 30, 1997, Article 36 - 57-J: https://www.tse.jus.br/legislacao/codigo-eleitoral/lei-das-eleicoes/lei-das-eleicoes-lei-nb0-9.504-de-30-de-setembro-de-1997
Verified: 2024/10/21
(Found a mistake? Please let us know.)
ME059

Television debates
Question:Are televised debates between candidates or party representatives normally conducted?
Answer(s): a. Yes, in presidential elections
b. Yes, in legislative elections
Comments: Article 46. Regardless of the broadcast of free electoral advertising in the time defined by this law, it is allowed for a radio or television broadcaster to transmit debates about majoritarian or proportional elections, ensuring the participation of candidates from parties with representation in the National Congress, with at least five parliamentarians, and the participation of others is optional, subject to the following conditions...
Source: Elections Law – Law No. 9,504, of September 30, 1997, Article 36 - 57-J: https://www.tse.jus.br/legislacao/codigo-eleitoral/lei-das-eleicoes/lei-das-eleicoes-lei-nb0-9.504-de-30-de-setembro-de-1997
Verified: 2024/10/21
(Found a mistake? Please let us know.)
ME062

Blackout period for release of opinion poll results.
Question:What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer: h. Not applicable
Comments: Art. 33. § 5º It is prohibited, during the election campaign period, to conduct surveys related to the electoral process. Article 35-A. The publication of electoral polls by any means of communication is prohibited from the fifteenth day prior to the election until 6:00 PM on election day. Electoral Code: Article 255. In the 15 (fifteen) days prior to the election, the disclosure, in any form, of results from preliminary or pre-election tests is prohibited.
Source: Elections Law – Law No. 9,504, of September 30, 1997, Article 33 (5), 35-A: https://www.tse.jus.br/legislacao/codigo-eleitoral/lei-das-eleicoes/lei-das-eleicoes-lei-nb0-9.504-de-30-de-setembro-de-1997 Electoral Code - Law No. 4,737, of July 15, 1965, Article 255: https://www.tse.jus.br/legislacao/codigo-eleitoral/codigo-eleitoral-1/codigo-eleitoral-lei-nb0-4.737-de-15-de-julho-de-1965
Verified: 2024/10/21
(Found a mistake? Please let us know.)
ME080


Question:Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer: d. Not applicable
Comments: There are no specific legal provisions regulating this matter. Article 43. Paid advertising in the printed press and reproduction on the internet of the printed newspaper, up to the eve of the elections, is permitted, with up to 10 (ten) electoral advertisements per vehicle, on different dates, for each candidate, with a maximum space, per edition, of 1/8 (one-eighth) of a standard newspaper page and 1/4 (one-quarter) of a magazine or tabloid page. § 1º The advertisement must visibly state the amount paid for the insertion. Article 44. Electoral advertising on radio and television is limited to the free time defined in this law, and the broadcasting of paid advertising is prohibited.
Source: Elections Law – Law No. 9,504, of September 30, 1997, Article 36 - 57-J: https://www.tse.jus.br/legislacao/codigo-eleitoral/lei-das-eleicoes/lei-das-eleicoes-lei-nb0-9.504-de-30-de-setembro-de-1997
Verified: 2024/10/22
(Found a mistake? Please let us know.)
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