Paid Promotion in Pre-Campaign and Electoral Campaign: What You Need to Know

As the elections approach, it is essential that candidates and parties are aware of the rules governing electoral advertising, especially regarding paid boosting.

But what exactly is paid boosting?

Paid boosting is the practice of investing in digital platforms, such as Facebook and Google, to increase the reach of political content. Through targeted ads, it is possible to direct the message to a specific audience, expanding the visibility of the campaign.

Pre-Campaign vs. Election Campaign: What are the differences?

Pre-Campaign:

• Period: Begins 15 months before the election for major positions and 12 months before for proportional positions.

• Restrictions: Paid boosting is allowed, but with some restrictions:

• No explicit call for votes: It is prohibited to explicitly ask for the voter's vote.

• Moderate and transparent expenses: Expenses must be proportional and transparent, with the need for registration in the Electoral Court.

• Boosting rules during the campaign: Boosting rules during the campaign must also be observed.

Election Campaign:

• Period: Starts 45 days before the election for major positions and 30 days before for proportional positions.

• Restrictions: Paid boosting is allowed, but with specific rules:

• Direct hiring: The service must be hired directly by the party or candidate with the application provider.

• Transparency: Expenses must be registered with the Electoral Court.

• Spending limits: There is a spending limit for each campaign, which varies according to the position and location of the election.

What can happen in case of non-compliance with the rules?

Non-compliance with the rules on paid boosting can result in various penalties, such as:

• Revocation of the registration or mandate: In cases of abuse of political power and misuse of media, such as the dissemination of false content or the irregular use of resources.

• Fines: The Electoral Justice can impose fines on candidates, parties, or companies that fail to comply with the rules regarding paid boosting, such as the failure to register expenses or the dissemination of irregular propaganda.

• Content removal: The Electoral Justice can order the removal of boosted content that violates the rules, such as the dissemination of false content or the irregular use of resources.

• Account suspension: Digital platforms may suspend the accounts of candidates, parties, or companies that fail to comply with the rules regarding paid boosting, such as the dissemination of false content or the irregular use of resources.

• Other penalties: The Electoral Justice can apply other penalties, such as the prohibition of paid boosting for a certain period, the loss of free advertising time, or the prohibition of participating in debates.

At Piva Advogados, we offer specialized legal consultancy in electoral law, helping our clients navigate safely through all stages of the electoral process. From the initial pre-campaign phase to the official campaign, our goal is to ensure that all actions are in compliance with the established standards.

If you are preparing to participate in elections and want to ensure that your strategies comply with the new regulations, we are here to provide the necessary support. Contact us for a personalized consultation and discover how we can help you achieve your electoral goals in an ethical and effective manner.