Conheça as regras sobre impulsionamento de conteúdo, shows e eventos, uso de outdoors, entre outras
Já está publicada no Diário da Justiça Eletrônico a Resolução 23.610, que disciplinaa propaganda eleitoral, a utilização e geração do horário gratuito e as condutas ilícitas em campanha eleitoral.
A norma incorporou sugestões e atualizou as regras para as Eleições 2022, entre elas, a possibilidade de realizar shows e eventos com o objetivo específico de arrecadar recursos para a campanha, o impulsionamento de conteúdo e a punição para quem espalha desinformação.
Confira alguns destaques:
Impulsionamento de conteúdo
De acordo com a resolução, o impulsionamento de conteúdo na internet é permitido a partir da pré-campanha, desde que não haja o disparo em massa – ou seja, envio, compartilhamento ou encaminhamento de um mesmo conteúdo, ou de variações deste – para um grande volume de usuárias e usuários por meio de aplicativos de mensagem instantânea. Além disso, não pode haver pedido explícito de votos, e o limite de gastos deve ser respeitado.
É importante destacar que apenas as empresas cadastradas na Justiça Eleitoral poderão realizar o impulsionamento de propaganda eleitoral, uma vez que é necessário identificar quem contratou os serviços.
Desinformação
Além de proibir a veiculação de propaganda com o objetivo de degradar ou ridicularizar candidatas e candidatos, a resolução agora também proíbe a divulgação ou compartilhamento de fatos sabidamente inverídicos ou gravemente descontextualizados que atinja a integridade do processo eleitoral.
Isso quer dizer que eventuais mentiras espalhadas intencionalmente para prejudicar os processos de votação, de apuração e totalização de votos poderão ser punidos com base em responsabilidade penal, abuso de poder e uso indevido dos meios de comunicação.
Dados pessoais
Para se adequar à Lei Geral de Proteção de Dados (LGPD), o uso de dados pessoais por qualquer controlador ou operador para fins de propaganda eleitoral deverá respeitar a finalidade para a qual o dado foi coletado. Além disso, a resolução prevê que partidos, federações ou coligações deverão disponibilizar ao titular dos dados informações sobre o uso desses dados, bem como deixar um canal de comunicação aberto que permita ao candidato pedir a eliminação de divulgação de determinada informação.
Coligação e Federação
Na propaganda para eleição majoritária, a federação e a coligação serão obrigadas a informar as legendas de todos os partidos políticos que as integram. No caso de coligação integrada por federação partidária, deve ser informado o nome da federação e de todos os partidos políticos, inclusive daqueles reunidos em federação.
Showmício
É proibida a realização de showmício, presencial ou transmitido pela internet, para promoção de candidatas e candidatos e a apresentação, remunerada ou não, de artistas com a finalidade de animar comício e reunião eleitoral. A única exceção é a realização de shows e eventos com o objetivo específico de arrecadar recursos para a campanha, sem que haja pedido de voto.
A proibição de realizar shows também não se estende a candidatas e candidatos que sejam profissionais da classe artística – como cantoras, cantores, atrizes, atores, apresentadoras e apresentadores –, que poderão exercer as atividades normais de sua profissão durante o período eleitoral, desde que não apareçam em programas de rádio e de televisão nem utilizem tais eventos para promover a candidatura.
Materiais de campanha
No dia da eleição, o eleitor poderá revelar a sua preferência por determinado candidato desde que seja por meio de manifestação silenciosa a partir do uso de bandeiras, broches, dísticos, adesivos, camisetas e outros adornos semelhantes. No entanto, é proibida a aglomeração de pessoas com vestuário padronizado que caracterize uma manifestação coletiva.
Uso de outdoor
A propaganda eleitoral por meio de outdoors é proibida, uma vez que extrapola o tamanho permitido por lei (50 centímetros por 40 centímetros de dimensão – Lei das Eleições – artigo 38, parágrafo 3º). Os partidos políticos, as federações, as coligações, as candidatas e os candidatos e até mesmo a empresa responsável por instalar outdoor poderão pagar multa no valor de R$ 5 a R$ 15 mil reais.
Leia a íntegra da resolução.
Fonte: tse.jus.br
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