The Constitutional Court (CC) states the term electoral promotion: “is nothing more than advertising and propaganda to a person, thesis, or a candidate’s program, and that exceeds the right to information that is intangible…”
The ambiguity lies in the CC’s definition about indirect promotion: “one that exceeding the scope of freedom of expression, presents on a covertly or misleading fashion, advertising which would incite in favor or against a candidate as if it was information.”
Because of that, the National Union of Journalists (UNP for its Spanish acronym) has called for clearance to the CC on the parameters of misleading or disguised publicity because, if those are not set, it will remain at the subjective criteria of the sanctioning authority.
Art. 203 of the Code of Democracy
“The media should refrain from direct or indirect promotion, either through special reports, or any other form of message, which tend to affect in favor or against a particular candidate, postulate, options, electoral preferences or thesis policies.”
