In a statement, CNE spokesperson André Wemans disclosed that dozens of complaints have been filed against André Ventura’s billboards, accusing them of xenophobic and racist political messages.
“Our obligation, as these are public crimes, is always to forward these complaints to the Public Prosecutor’s Office”, stated Wemans.
In the deliberation approved on Tuesday and reviewed today, the CNE argued that since the presidential elections have not yet been officially scheduled, it “does not have the competence to intervene in this matter outside the electoral period,” thus deciding to send the complaints to the Public Prosecutor’s Office to determine if any criminal offense has occurred.
“This is not Bangladesh” and “The gypsies must obey the law” are phrases displayed on Ventura’s billboards.
The CNE emphasized that while “the right to uninhibited conduct of propaganda actions” is “a corollary of freedom of expression,” the content of propaganda is “naturally subject to certain limits” as outlined in the Penal Code.
Regarding the two billboards in question, the CNE remarked that they “explicitly and concretely refer to one group based on their origin and another group based on their ethnicity.”
The commission noted that there are “situations where the specific content” of texts or images in propaganda materials may be analyzed in cases of defamation, offense to democratic institutions, calls for disorder, or incitement to hatred.
The CNE noted that “the broad domain of protection for freedom of expression reaches its boundary when it can endanger the essential content of another right or intolerably affect social morals or the fundamental values and principles of the constitutional order.”
Eight Roma associations announced their intention to file a complaint with the Public Prosecutor’s Office and are considering seeking an injunction for the billboards’ removal.
The Socialist Party also called for the Public Prosecutor’s Office to consider imposing possible sanctions due to the billboards.
Presidential candidate and Chega leader André Ventura has refused to remove the billboards referencing the Roma community and Bangladesh, defending his right to freedom of expression.
