Debate Stage Access: Uncovering the Rules for TV and Online Election Showdowns
According to electoral law, radio and television stations are not required to invite all candidates registered with the electoral court to the debate. The media are only required to invite candidates from parties with five or more members of parliament.
For example, influencer Pablo Marsal, who was at the center of controversy during the recent meeting between mayoral candidates in São Paulo, may or may not be invited to the clash. Despite being in the top three in the main voting intention polls, Marsal is a member of the PRTB, which currently has no representation in the federal parliament.
When it comes to debates produced and broadcast on the Internet, there are no set rules for who should be invited, and it is up to each website or channel to decide whether or not to invite, in addition to establishing agreements and dynamics with representatives of each campaign. Typically, media outlets establish journalistic criteria for the public interest, such as a minimum percentage of voter intention in major opinion polls, in order to invite a candidate.
“In the absence of specific regulations, similar rules to those that exist for television and radio have been adopted for debates produced on the Internet,” explained electoral law expert Acacio Miranda da Silva Filho. Even if there is no obligation, if the organizer fails to call one of the candidates of a party represented in parliament, that person can file a lawsuit in the electoral court to claim the right, the expert said.
In a discussion on our YouTube channel, flowThe event, which ended on Monday night with Marshal being kicked out for violating previously established rules, followed the same invitation guidelines adopted by news outlets.
In São Paulo, a total of 11 meetings are scheduled until October 6. Ten politicians are running for mayor of the capital, but not all of them have been invited to the meetings. This is the case for Bebeto Haddad (DC), Altino Prazeres (PSTU) and Ricardo Senese (UP), who are minor candidates who have followed the rule regarding the minimum number of seats in the National Assembly. These three also do not meet the criteria adopted internally by the media, as they have low voter turnout in the election polls.
In the first debate held during this year’s election period, TV BandFor example, the Novo candidate Marina Helena was not nominated. By the deadline of July 20, considered by the Electoral Court, the party had not secured the minimum representation in parliament, which it did not achieve until August 3, after federal deputy Ricardo Salles (SP) joined the party last week.
If an invited candidate refuses to attend the meeting, the debate can proceed without the candidate’s presence, as per election rules, provided that the vehicle in charge proves that the invitation was sent 72 hours before the debate.
There may be instances where the rules of the House of Representatives allow for multiple candidates to be invited. In such cases, if the debate organizer understands that the dynamics may not be productive, the debate may be held twice with groups of at least three candidates.