{"id":4998,"date":"2024-09-23T17:42:33","date_gmt":"2024-09-23T17:42:33","guid":{"rendered":"https:\/\/renovabr.org\/?p=4998"},"modified":"2024-09-23T17:42:34","modified_gmt":"2024-09-23T17:42:34","slug":"direito-de-resposta-nas-eleicoes-protecao-contra-calunia-difamacao-e-injuria-eleitoral","status":"publish","type":"post","link":"https:\/\/renovabr.org\/en\/direito-de-resposta-nas-eleicoes-protecao-contra-calunia-difamacao-e-injuria-eleitoral\/","title":{"rendered":"Right of reply in elections: Protection against slander, defamation and electoral injury"},"content":{"rendered":"

In the midst of intense electoral competition, candidates and parties often face challenges that go beyond proposals and debates: slander, defamation and insults. These personal attacks can significantly affect the image of candidates among voters. To ensure a fair campaign and protect the rights of those who participate, Brazilian electoral legislation ensures the right of reply<\/em>.<\/p>\n\n\n\n

According to the Superior Electoral Court (TSE), any candidate, party, coalition or federation of parties that feels affected by false or offensive statements has the right to appeal to the Electoral Court to ensure their public defense. This right is an essential mechanism to preserve the integrity of those involved in the electoral process and combat disinformation.<\/p>\n\n\n\n

How does the right of reply work?<\/strong><\/h3>\n\n\n\n

The first step to request the right of reply is to file a complaint with the Electoral Court, within the legal deadlines, which vary according to the medium in which the offense was disclosed:<\/p>\n\n\n\n

    \n
  • Written press<\/strong>: The deadline is up to 72 hours after the publication of the offensive material.
    <\/li>\n\n\n\n
  • Radio and TV stations<\/strong>: The request must be made within 48 hours of the content being published.
    <\/li>\n\n\n\n
  • Free election time<\/strong>: The deadline is up to 24 hours after the content is displayed.
    <\/li>\n\n\n\n
  • Internet<\/strong>: If the offense is still active, the right of reply can be requested at any time. If the post has already been removed, the deadline is up to 72 hours after its removal.<\/li>\n<\/ul>\n\n\n\n

    Process and consequences<\/strong><\/h3>\n\n\n\n

    After the complaint is filed, the offended candidate or party must present copies of the offense to prove the attack. The Electoral Court will analyze the case and, if it finds it admissible, will grant the right of reply, obliging the person responsible for the offense to publish the retraction under conditions equivalent to those of the original publication. The response message must be published on a day, time and in a vehicle compatible with those used to publish the offense.<\/p>\n\n\n\n

    Failure to comply with this court order may result in a fine of up to R$1,400,961.50, as stipulated by electoral legislation.<\/p>\n\n\n\n

    The importance of the right of reply for democracy<\/strong><\/h3>\n\n\n\n

    In an era of growing misinformation, the right of reply is an essential tool to ensure fairness in elections, protecting candidates from attacks aimed at undermining their credibility. In addition, the tool reinforces the commitment to a clean and fair campaign, guided by respect and ethics.<\/p>","protected":false},"excerpt":{"rendered":"

    In the midst of intense electoral competition, candidates and parties often face challenges that go beyond proposals and debates: slander, defamation and insults. These personal attacks can significantly affect the image of candidates among voters. To ensure a fair campaign and protect the rights of those who participate, the legislation [\u2026]<\/p>","protected":false},"author":1,"featured_media":4883,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_eb_attr":"","footnotes":""},"categories":[7],"tags":[1908,1905,1897],"class_list":["post-4998","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-noticias","tag-eleicoes-2024","tag-processo-democratico","tag-renovabr"],"acf":[],"_links":{"self":[{"href":"https:\/\/renovabr.org\/en\/wp-json\/wp\/v2\/posts\/4998","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/renovabr.org\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/renovabr.org\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/renovabr.org\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/renovabr.org\/en\/wp-json\/wp\/v2\/comments?post=4998"}],"version-history":[{"count":0,"href":"https:\/\/renovabr.org\/en\/wp-json\/wp\/v2\/posts\/4998\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/renovabr.org\/en\/wp-json\/wp\/v2\/media\/4883"}],"wp:attachment":[{"href":"https:\/\/renovabr.org\/en\/wp-json\/wp\/v2\/media?parent=4998"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/renovabr.org\/en\/wp-json\/wp\/v2\/categories?post=4998"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/renovabr.org\/en\/wp-json\/wp\/v2\/tags?post=4998"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}