Minimum Broadcast Time on Radio and Television in Elections

Abstract

The distribution of broadcast time on ra-dio and television networks during Brazilian elections follows the criteria of proportionality among the par-ties, according to the number of parliamentarians re-presented in the Chamber of Deputies. Proportiona-lity is not the problem; it is a valid parameter adopted by the legislator. The problem is the absence of a mi-nimum time. The right minimum air time is relevant because it can guarantee reasonable fairness. Too little exposure is equivalent to no exposure since ideas can-not be effectively transmitted. Restriction of electoral advertising is a violation of the candidate’s right and a suppression of the voter’s right to be informed, to know the political players and their ideas. Therefore, the guarantee of the right to advertise during elec-tions must guide the debate on the minimum air time to balance campaigns. Formal equality must privilege the proportionality defined by the legislator. Howe-ver, this equality should not completely remove the minimum conditions to compete because it would be negatively affecting the legitimacy of the electoral process. Thus, it is crucial to find a reasonable mini-mum air time for all candidates. This study argues that this issue could use the same criterion adopted in the rule applied to the right of reply, which has a constitutional basis in Brazil and is considered by law as a mechanism to repair undue manifestations. The legislation on the right of reply establishes the air time in proportion to the offense, with a mi-nimum of one minute, which is guaranteed even if the offense took less time. The premise of the mens legis was to consider that in less than a minu-te, it is not possible to transmit a message properly.