Fabiola Martinez
Newspaper La Jornada
Friday February 17, 2023, p. 8
Before the sentence you know who
it cannot be concluded that the reference is to the President of the Republic, determined the specialized chamber of the Electoral Tribunal of the Federal Judiciary (TEPJF).
The foregoing, when resolving a PRI complaint against a spots de Morena, broadcast as part of the pre-campaign in the state of Mexico.
He tricolor denounced possible improper use of the advertisement by the guinda party, both for the broadcast on radio and television of a promotional and for the violation of broadcasting rules to the detriment of the best interests of minors.
With the project, approved unanimously, the non-existence of the infringement regarding the use of the phrase you know who
because the upper room only prohibited the use of an image, silhouette, name, slogan or any other element that identifies fully
a public servant in electoral propaganda.
“Regarding the use of the phrase ‘You know who’, this specialized chamber has consistently followed an analysis methodology based on the initial premise that said phrase does not have a unique and unequivocal meaning that could inescapably identify it with the President of the Republic, but rather it has been endowed with content according to the objective elements or characteristics of the message in which it is inscribed in each case”.
In that same project presented by magistrate Luis Espíndola, it is indicated that in the analysis of the denounced advertisements, no visual or auditory elements are noticed that refer to the position of the President of the Republic, to his name or to any other element that identifies him, for which here does not apply the aforementioned rule of the upper room.
Regarding the children’s element, Morena complied with the elements required in that case.
In another matter, a new PRD complaint against the head of government, Claudia Sheinbaum, for anticipated campaign actions, use of public resources and violation of the principles of impartiality and neutrality, was declared non-existent because the official did not attend an event held in Chilpancingo last September, even though his image and the label were published there #EsClaudia.
During the session, Judge Gabriela Villafuerte noted that in each session of that specialized chamber there are complaints of presumed acts of campaigning.
However, when emphasizing his criteria and that of the upper chamber, he pointed out that the 2023-2024 electoral process begins until September, and in this case the proximity parameter at the beginning of the aforementioned contest would not be met either, even if there were other elements implicit and explicit in favor of the capital official.
