Sunday, February 15, 2009

Repairing Frontal Lobe

The IFE eludes law enforcement We reject clemency for the television

Pardon the majority of the directors gave IFE the television is illegal, immoral and establishes an unacceptable precedent for citizens and institutions in this country. The General Council of the Federal Electoral Institute decided, on Friday, February 13, terminate the proceedings to punish Televisa and TV Azteca by irregularities that were transmitted for several days, the spots of political parties and the IFE.

These companies acted in concert to place warning wipes, broadcast spots a whole and not separately as has happened for years and even stopped to insert sporting events such messages. This was intended to predispose viewers against political parties and electoral authorities.

That political message handling violated, among other provisions, Article 350 of the Federal Code of Electoral Institutions and Procedures that among the violations of the grantees and licensees of radio and television with the legal system establishes the following: "Manipulation or superposition of propaganda electoral or political party programs to alter or distort its original meaning or denigrate the institutions, the parties themselves, or to slander candidates. " The handling of messages were clear. Broadcasters wanted to rouse his audiences to this content and altered the sense of electoral propaganda.

The IFE's General Council had an obligation to punish such conduct of the television. But 6 of the 9 members voting in that body considered that the matter was resolved because the spots were broadcast on a regular basis and also two days before IFE some advisers had concluded an agreement with the National Chamber of Industry of Radio and Television on the dissemination of political messages.

By avoiding the application of the law, the directors who were most at that session of the IFE is exceeded in the exercise of its powers. A no offender can waive a lack clearly identified in the legislation with the subterfuge that has ceased to engage in such illegal conduct. Moreover, an agreement establishing mutual purposes as they joined some board members and the CIRT does not replace, much less had to cancel the compliance. These "bases of partnership", moreover, have a formal rather dubious legal. TV Azteca

committed an additional violation by removing the political messages in the signal from Sky system to be relayed to satellite television subscribers. This lack itself was enacted by the IFE.

The decision of the directors Marco Antonio Baños, Macarita Elizondo, Marco Antonio Gómez, Francisco Guerrero, Arturo Sánchez Benito Nacif and to absolve Televisa and TV Azteca is an unfortunate and questionable expression of submission to the television. Such violations of electoral law firms and even the Constitution, which establishes guidelines for the dissemination spots, were blatant and flagrant. The arguments that these directors used to justify the acquittal of the television are unsustainable.

Facing the hasty disposal of these directors to ingratiate himself with the television, or with whom the lawyer to defend them in Azteca and Televisa, said the attitude of the Minister President of the IFE, Leonardo Valdés Zurita, who recalled that the electoral authority can not waive the application of the law. Counselors Virgilio Andrade Alfredo Figueroa and also claim the defense of the law.

The broadcasters challenge to the election authority is stressed over the weekend before last when left to transmit messages from the IFE and parties for several hours. The General Council will have to learn these new faults. We require all directors of IFE compliance with the law in these new violations of Televisa and Azteca.

Broadcasters have wanted to make obvious their ability to manipulate and censor political messages in order to intimidate the electoral authority and the parties. Unfortunately, in this episode have not found a government ready to claim the legal order to deal with excesses of media power. The interior minister, Fernando Gómez Mont, felt that his role was to referee refusing to realize that challenged broadcasters the set of political institutions and Mexican society. This negligent conduct and dodge the holder of the Interior not be explained without a decision of President Felipe Calderon to be acquiescent (actually ends up being afraid) to the demands of private broadcasters.

The behavior of these authorities and advisers of the IFE, in addition to the abdication involved in carrying out their responsibilities means a worrisome setback in the effort to narrow the manipulations and the insolence of private broadcasters. Episodes like that, confirm the need for legislation capable of promoting diversity and accountability in electronic media and telecommunications. Congress has much to do about it, but most of the parties and their legislators are more concerned about the very short term policy for the country's future. Unlike them, more and more people understand and disapprove the interferences of the television.

Mexico City, February 15, 2009


Mexican Association of Right to Information
Javier Corral Jurado


National Steering Committee Chairman Raul Trejo Delarbre



Advisory Council Deputy Coordinator

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