Nunes Marques authorizes immediate reactivation of channel on WhatsApp

The president of the Superior Electoral Court (TSE), Minister Nunes Marques, ordered on Wednesday night (14) the immediate re-establishment of the WhatsApp channel “Exército do Lula”, administered by the federal deputy André Janones (Rede-MG). The decision responds to a request for reconsideration and repeals the prior requirement to comply with a 48-hour quarantine for the reactivation of the virtual space.

The controversy began after the presidential candidate Flávio Bolsonaro (PL) claimed that the channel had been used in a coordinated manner for the dissemination of misinformation against his candidacy. On the last day 11, Nunes Marques suspended the channel. Hours later, Justiça Eleitoral's co-general, Minister Ricardo Villas Bôas Cueva, overturned the decision and authorized the operation of the channel.

Understand the judicial dispute over the channel

On Tuesday (13), the president of TSE restricted the channel and established that the lap would be conditional on its officialization before Justiça Eleitoral. The requirement was met in the registration process of Luiz Inácio Lula da Silva (PT), who formalized the linking of the channel to its electoral propaganda. The minister ordered the release, but the 48-hour quarantine was still in place.

On Wednesday (14), Flavio’s own campaign expressed agreement with the immediate return of the channel’s activities, dispensing with the regulatory deadline of 48 hours. In parallel, the TSE promoted an amendment to Article 28 of Resolution No. 23.610/2019 (with the inclusion of § 1-D), moving away from the 48-hour interval requirement for channels and email addresses communicated to the Justiça Eleitoral in the period between the first and second round of elections.

Changes in the electoral resolution

The change considered the shorter duration of the final stage of the proceedings and the need to adapt the procedures to the operational capacity of the court without compromising transparency. With the decision, Facebook Serviços Online do Brasil Ltda. (representative of WhatsApp in the country) was urgently officiated to fully release the functionalities of the channel, allowing new publications and the entry of followers.

Until TSE defines general criteria for the identification of official channels, Lula’s campaign is authorized to exercise supervision over the operation of the page. The decision emphasizes, however, that the release of the channel does not paralyze the investigation of possible irregularities or abuses in electoral propaganda nor does it extinguish the regulatory supervision of the Court.

What this means for the voter

For the ordinary citizen, the immediate reactivation of the channel means that the flow of political information on WhatsApp can be resumed without the two-day interval that was previously mandatory. The measure aims to ensure that the official campaign channels can fully operate during the second round, the shortest and most decisive period of the elections.

Experts in electoral law heard by the report emphasized that the change in the resolution seeks to balance the need for transparency with the operational reality of the court. The waiver of quarantine, however, does not exempt those responsible for the channel from any punishments if abuses or the dissemination of false content are found.

Next steps and supervision

The decision by Nunes Marques determines that WhatsApp fully releases the functionalities of the channel, but the regulatory supervision of the TSE remains active. This means that any allegation of irregularity can be investigated, and sanctions can be applied if a violation of electoral norms is proven.

As long as the court does not establish definitive criteria for the identification of official channels, Lula’s campaign will have the responsibility to oversee the published content. The measure is seen as an interim solution to guarantee the right to communicate campaigns without compromising supervision.

The Boca no Trombone portal will continue to monitor the unfolding of this decision and its impacts on the electoral scenario. For more news on national and regional policy, continue browsing our website.

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