Reforms to the ‘Chayote Law’ are published, which will allow the promotion of candidates in ‘morning’

Thursday 5 January, 2023
2 mins read


The head of the Federal Executive Power published in the Official Gazette of the Federation, the decree by which the general laws of Social Communication and Administrative Responsibilities are reformed.

As of December 28, 2022, the date the decree entered into force, public servants will be able to disseminate the achievements, programs, and works of their governments in electoral processes, without being penalized, despite the fact that there are pre-election and electoral campaigns. permanent, on the grounds that freedom of expression is respected.

Likewise, the morning press conferences of President Andrés Manuel López Obrador, for example, in which, supposedly, the alleged achievements of the federal government could not be disseminated, nor could they call for the vote for parties or candidates during electoral processes in progress, or not disseminated in entities with elections, they will be free of said limitations, which had been imposed by the Electoral Tribunal of the Federal Judiciary, to stop the activism of public servants with the use of public resources, for the sake of fairness in the competition politics.

The modifications published in the DOF are part of the so-called “Plan B” of the presidential electoral reform and consist of changes to the Communication Law and the General Law of Administrative Responsibilities, two of the reforms that are legal, after being endorsed in all their terms by both chambers of the Congress of the Union, for which reason only its promulgation was missing.

The reforms to the General Law of Social Communication -also called “Chayote”- were carried out, according to Morena and its allies, to abide by the sentence of the Supreme Court of Justice of the Nation, which, by invalidating some articles, summoned the Congress of the Union to establish clear and objective criteria for the allocation of the official advertising guideline. However, legislators redefined the concept of government propaganda.

This is now defined as the “set of writings, publications, images, recordings and projections disseminated at the expense of the public budget, specifically labeled for that purpose, or through the use of official times, by a Public Entity” and with the purpose of to “disseminate the work, actions or achievements” or information of public interest.

In addition, the plenary sessions of both houses of Congress resolved that “the manifestations of public servants, who make use of their freedom of expression and in the exercise of their public functions, do not constitute government propaganda.”

“Information of public interest carried out by public servants, in accordance with the General Law of Transparency and Access to Public Information, disseminated in any format for free, does not constitute government propaganda,” says the decree published in the DOF.

With this, the way of exercising the budget in advertising or official propaganda was modified, since it will only be defined in this way, if it is labeled with that item and not with the concept of “consulting”, “various support” or other concepts.

In addition, all public servants will be able to promote their political aspirations or those of others, whether or not there are elections in progress.

Likewise, they will be able to disseminate their management or legislative “reports” at any time, and issue positions from their accounts on the various social networks, for supposedly being “free” media.

They may also hold conferences with electoral references at any time, in exercise of their freedom of expression.

However, opposition parties have announced that they will promote an unconstitutionality action before the Supreme Court of Justice of the Nation, since it conflicts with article 134 of the Constitution, which prohibits personalized advertising by public servants, in addition to the fact that the principle of equity was submitted. in disputes and the democratic renewal of powers, to the free expression of officials.

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Source: from Noroeste Nacional on 2022-12-28 11:49:00

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