Political parties want to negotiate directly with the media without having the Supreme Electoral Tribunal (TSE) as an intermediary. This is one of the 158 proposals that were made known on Friday the 15th, at the table of the Electoral Update and Modernization Commission (CAME), which coordinates the highest entity in electoral matters.
In the third analysis session, participants focused on the reforms to the media regime and guidelines contemplated in the Electoral and Political Parties Law (LEPP). Another of the changes that were discussed are those aimed at public and private financing and the media and inspection regime.
Among the participants in the meeting were the Guatemalan Broadcasting Chamber and the Media Chamber.
The 2016 electoral reforms, which were applied in the 2019 and 2023 votes, prevented political parties from directly hiring the media. This topic was the one that generated the most discussion at the meeting, since it is intended that the groups carry out the hiring process.
“We find it very interesting, but the Chamber has to decide it as a whole by its associates, that each party be given a quota and that they contract directly with the media,” said constitutionalist Gabriel Orellana, advisor to the Chamber of Broadcasting. of Guatemala and the Media Chamber.
The TSE did not spend all the resources allocated for campaign dissemination. According to Pablo Portocarrero, head of the Specialized Unit on Media and Opinion Studies. “They are approximately Q60 million, the allocated budget was Q100 million. Each political organization had Q3.2 million to spend, it was the way in which the TSE guaranteed equal conditions for political organizations,” he said.
Social networks
The use of social networks was key in the last electoral events in Guatemala. But it is something that, to date, is not regulated.
“Today there is no doubt that we have to make a technological adjustment to be able to include social networks. Obviously we know that social networks do not necessarily constitute media as stipulated in the Electoral Law,” Orellana explained.
Not having a regulation was a challenge for the inspection processes, this because each political party might contract directly on digital platforms,
“Through all the transparency tools that the social media platforms provided us, we determined that each political organization spent more than Q2 million, but there were some that did not make a single payment, and others, by strategy, made more expenses. on social networks,” said Portocarrero.
Surveys
One of the points in which the Media Chamber and political parties differ are the deadlines in which surveys or opinion studies can be published. The Chamber assures that the minimum period of 36 hours cannot be altered, but some parties recommend that the period be at least 15 days before the votes.
“Internationally there is a value that the Inter-American Court of Human Rights itself has already established. For a survey, the time cannot be more than 36 hours,” Orellana reaffirmed.
Interviews
Another of the issues that he highlighted is the space that is given in the media, this due to the lack of certainty, between an interview and an anticipated campaign, an issue that, in the opinion of Judge Blanca Alfaro, president of the TSE, has to be resolved. in the bill that they will deliver to Congress.
“It is not only the lack of clarification as to whether or not they can do an interview. “This issue must be made clear and it is one of the urgent needs to clarify that this is not an early campaign,” he argued.
Allowing the dissemination of messages freely is appropriate for a democracy, according to Alfaro, who said that this can generate some disadvantage among some candidates.
“It is a necessity in a democracy to have that freedom of communication. The person who is going to run as a candidate, if the population does not know him, may be at a disadvantage, but being a leadership where his thoughts are made known, there can be different cadres to choose from,” he stated.
Regulations
The breadth of issues generated by the reforms to the Electoral Law can be dangerous. According to Orellana, it is prudent to promote a robust reform, so as not to alter the law every four years.
“We think it is not convenient because it is an opportunity for some political parties to take advantage of introducing other modifications that distort the electoral event,” the constitutionalist clarified.
For Orellana, the ideal is to carry out a good electoral reform in the CAME of 2024. But to no longer continue to avoid risks, and focus on any other update through reforms to the electoral regulations.
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