Negative electoral advertising and the boost of digital content: between criticism, offense and illegality

Abstract

Since 2017, we have had legal authorization to prioritize digital electoral content through payment to digital platforms, as long as they are made by parties and candidates and this content benefits or promotes them, the so-called digital electoral content boosting. However, based on this legal authorization, the Electoral Court has extended these restrictions, prohibiting the promotion of negative digital electoral content. Is negative electoral propaganda the prohibition on demanding content that benefits or promotes candidates? Does the right to criticize opponents together with the electorate's right to information allow negative electoral propaganda on the digital stage with the use of content boosting? By means of a deductive methodology, considering the evolution of the jurisprudential, normative and scientific scenario, this article shows, among its results, the incongruity between the practice adopted by the Electoral Justice and the legal limits of digital electoral content boosting, and the expansion of restrictive legal provisions by electoral judicial practice.