A preliminary injunction granted by judge Antonio Maria Patiño Zorz, of the 1st Electoral Zone of the Regional Court of São Paulo (TRE-SP), temporarily suspends social media profiles used for monetization by the candidate for mayor of São Paulo Pablo Marçal (PRTB).
The decision, taken in an electoral judicial investigation action (Aije) brought by the PSB, suspends only the candidate’s networks that “sought to monetize the ‘cuts’ through interested third parties”, said the judge, referring to the remuneration paid by Marçal to those who broadcast his posts edited with “cuts”, in order to present them in a decontextualized way.
In the ruling, Zorz prohibits Marçal from paying those who broadcast his edited videos. In this sense, the judge draws attention to the fact that there are indications of a “crossing of limits” in the candidate’s conduct “with regard to his clearly commissive behavior of requesting, propagating and challenging followers, curious people, adventurers to disseminate his image and statements through so-called ‘cuts’. Furthermore, he must know whether the monetization of the ‘likes’ obtained in the successive ‘cuts’ would allow the promotion or indication of abuse of power, in this case, of an economic nature”.
The decision covers both the website campaign profiles such as their social networks on Instagram, YouTube, TikTok and X (formerly Twitter). If the decision is not complied with, a daily fine of R$10,000 will be applied.
Pablo Marçal posted a video on social media criticizing the judge’s decision. He says he is being persecuted by the Electoral Court. “I just received the news that an injunction will take down my social media accounts,” said the candidate.
“Look how ironic. [Isso acontece] right on the day I’m passing President Luiz Inácio Lula da Silva. I’m the third biggest politician on Instagram in Brazil. And we’re passing the most popular man in the history of national politics. But he’s going to take down social media first. The entire system, with Governor Tarcísio [de Freitas]they are all against me”, said the candidate.