On Monday (12), Justice Marco Aurélio Belizze of the TSE ordered Flávio Bolsonaro and allies to delete, within 24 hours, a video that linked the pro-Lula rally on Avenida Paulista to drug use with images taken out of context. G1 rated the content #FAKE, and Valor describes the scenes as drug users in Chile. Lula’s coalition went to the court against the post, and UOL, Terra and Brasil 247 report that Tarcísio and Flávio circulated the video. The same day, TSE president Kassio Nunes Marques ordered an analysis of the “Lula’s Army” channel; the technical staff did not find the false content under investigation, but pointed to electoral risks, according to G1 and Estadão. Nunes Marques also banned the circulation of an oil workers’ union newspaper at the request of Flávio’s campaign. PT deputies Rui Falcão and Rogério Correia asked the STF to investigate Nunes Marques for possible crimes linked to the Master case. He scheduled for today (13) a meeting with the two campaigns.
The Electoral Court decides what stays on the air during the campaign, and two weeks before the runoff each removal order weighs on the contest. Divergent decisions within a few hours, like those on the pro-Lula channel, undermine the trust of people following the election.
Before passing along a video of a rally or protest, check the source: in the Paulista case, the scenes were not from the rally. Content removed by court order can return if the decision is reversed, and the same holds the other way around.
Those who defend Belizze’s order say that the Electoral Court must contain misleading material in the middle of the campaign and that Lula’s coalition has the right to ask for removal.
Critics of Nunes Marques, including PT members and the FUP, speak of censorship, and a Folha opinion piece speaks of pro-Flávio censorship. Flávio says Janones deletes links to fake news so as to leave no trace, according to Poder360.
What decides the course of the week is today’s meeting and what comes out of it in writing. If the court sets a clear criterion for taking down content, the orders stop looking like a lottery. It is also worth watching whether Flávio and allies comply with the 24 hours and whether the STF moves forward on the request against Nunes Marques. So far, each decision has been followed by another that contradicts it.
G1 · Folha · Valor · UOL · Terra · Brasil 247 · Poder360 · Agência Brasil · Estadão · Metrópoles · CNN Brasil · WSCOM · Revista Fórum (Oct. 12–13) · decisions as reported by the press
TSE orders Flávio and allies to delete fake video about the Paulista rally, and Nunes Marques summons both campaigns to a meeting
The order gives 24 hours for removal. The same day, the court’s technical staff did not find the false content under investigation on the “Lula’s Army” channel, and PT deputies asked the STF to investigate the court’s president.
Justice Marco Aurélio Belizze of the Superior Electoral Court (TSE) ordered candidate Flávio Bolsonaro (PL) to delete a misleading video about the rally of Lula supporters on Avenida Paulista, G1 reports. The order also applies to allies who passed the material along, according to Valor, and gives 24 hours for removal, according to Folha. The video linked participants in the demonstration to drug use with images taken out of context. G1 rated the content #FAKE in its Fact or Fake section, Valor describes the scenes as drug users in Chile, and UOL notes that Tarcísio shared an image made outside Brazil. UOL, Terra and Brasil 247 report that Tarcísio and Flávio circulated the video. Lula’s coalition went to the TSE against the post, Poder360 and Agência Brasil report. The case adds to other court decisions that were questioned on Monday (12). The sources consulted do not say whether Belizze’s order has already been complied with. TSE president Kassio Nunes Marques ordered the technical staff to analyze the “Lula’s Army” channel on WhatsApp, G1, UOL and Metrópoles report. The technicians did not find the false content under investigation, but pointed to electoral risks, according to G1 and Estadão. Folha says Nunes Marques took down the channel of deputy André Janones without documents showing false news, and Estadão says Nunes Marques cited a breach by Meta, owner of WhatsApp, of an agreement with the TSE.
Also on Monday, Nunes Marques banned the circulation of the newspaper “Petróleo dos Brasileiros” (“Brazilians’ Oil”), produced by an oil workers’ union linked to the FUP, at the request of Flávio’s campaign, G1 and Estadão report. Revista Fórum records the censorship complaint made by the FUP and other unions. PT deputies Rui Falcão (SP) and Rogério Correia (MG) took to the Supreme Federal Court (STF) a notice of fact asking for an investigation of Nunes Marques for possible crimes linked to Banco Master and former banker Daniel Vorcaro, Valor, Folha and UOL report. A notice of fact is not a formal accusation, and the sources consulted carry no response from the justice. After the criticism, Nunes Marques scheduled for today, Tuesday (13), a meeting with the Flávio and Lula campaigns, according to G1, UOL and Poder360. The sources consulted do not give the time or the agenda. Flávio, for his part, says Janones deletes links to fake news so as to leave no trace, Poder360 reports. Television also joined the fray: Flávio’s campaign broadcast aired without audio, and the TSE blamed the failure on the Pool de Mídias, CNN Brasil and WSCOM report. The candidate asked whether it was a coincidence. The runoff is on October 25.