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Article 31
 

Electoral propaganda in the media


1. In the public media, the candidatures will have a free spot of the same length to present their electoral programmes and ask for the vote. In any case, time given in the general elections to parish candidatures shall not be more than one third of the time granted to national candidatures. In the local elections, each candidature shall be given the same amount of time.


2. The heads of the public media shall establish the duration of the spots in public radio and television for the different candidatures. They can also offer the broadcasting of debates or interviews with the different candidatures. In any case, the decisions adopted by the heads of the public media in the matters referred to in this section, shall be fully communicated to the representatives of the candidatures.


3. The Electoral Commission may establish, when needed, the general necessary provisions to ensure that the free spots and the development of electoral debates or interviews in public media, as well as the publication of electoral surveys paid with public funds in public media, respect the electoral pluralism and neutrality of information.


4. From the call of elections until the completion of voting, the Electoral Commission shall resolve any appeal or complaint that any candidate or candidature may submit against the decisions and actions of the public media that may impact on the electoral process, on the basis of a violation against the respect for political and social pluralism or the neutrality of information, protected by this article. The appeal shall be submitted within forty-eight hours following the notification of the decision or the knowledge of the action and shall be resolved within the next forty-eight hours following a report of the affected media, if carried out. In urgent cases, the Electoral Commission shall provisionally adopt the necessary measures.


5. If the Electoral Commission considers that the appeals are notoriously frivolous they shall warn the appellant, and in the case of persistence, may impose a fine of between EUR 300.00 and EUR 3,000.00.


6. It is forbidden to include in any media adverts and publicity with institutional purposes that is paid for with public funds, from the calling of elections until the completion of the voting.


7. Any election survey funded by public authorities and conducted during the election period shall be immediately communicated to the Electoral Commission after its completion. The Electoral Commission, within the following twenty-four hours, shall submit it to the representatives of the candidatures and, when appropriate, to the parliamentary groups and independent general councillors represented in the General Council for general elections, or to parties and lists represented in the local councils, for local elections.


8. The private media may establish advertisement contracts with the candidatures, provided none are discriminated or rejected, and so far the advertisement does not offend the provisions contained in this Law or the constitutional principles. Electoral advertisements contracted with private media shall express this condition when broadcast. The Electoral Commission shall resolve all the appeals that might be submitted by the interested parties when they consider that the provisions of this section have been violated.