Agreement 014-2017 - Electoral Campaign and Propaganda Regulations

Object.- The provisions of this Regulation regulate electoral propaganda, surveys, public meetings and political demonstrations for the 2017 General Elections, are of public order and mandatory compliance for political parties, alliances and Independent Candidacies, as well as for candidates who run for offices of popular election at their various elective levels, financial managers appointed in accordance with what is established in the Financing Law, Río Building Constructions, El Prado Colony, in front of SYRE, Tegucigalpa, M. D. C., Honduras, C. A. Tels.: 2239-1058, 2239-1056, 2232-4549, 2232-4547, 2232-4557, 2232-4575, website: www.tse.hn

-5 Supreme Electoral Tribunal Republic of Honduras Transparency, Oversight of political parties and candidates and for public or private legal entities and media outlets. CHAPTER II PRINCIPLES

Principles.- For the strengthening of democracy, the political and electoral activity carried out by the actors of any electoral process must be developed within the framework of respect for human rights, political rights, civil rights, the principles established in the Constitution of the Republic, Electoral Law and Political Organizations and this Regulation. TITLE II POLITICAL ACTIVITY CHAPTER I STAGES

Stages.- For the purposes of the application of this Regulation, the following stages of political activity are distinguished: 1) Permanent Political Activity 2) Electoral Campaign 3) Electoral Propaganda 4) Electoral Silence. CHAPTER II PERMANENT PROHIBITIONS AND PERMITTED ACTIVITIES

Permanent Prohibitions on Propaganda.- It is prohibited at all times: Río Building Constructions, El Prado Colony, in front of SYRE, Tegucigalpa, M. D. C., Honduras, C. A. Tels.: 2239-1058, 2239-1056, 2232-4549, 2232-4547, 2232-4557, 2232-4575, website: www.tse.hn

Supreme Electoral Tribunal Republic of Honduras a) To attack the republican, democratic and representative system of government. b) To use the National Symbols in advertising and propaganda. c) To use any expression that denigrates citizens, public institutions, other political parties, alliances and independent candidacies and their candidates. d) To use religious symbols, as well as expressions, allusions or justifications of a religious nature in their propaganda. e) To involve children and adolescents in electoral propaganda and in other forms that violate laws and international treaties on children's rights, except when it comes to projecting the image of the family group of female and male candidates. f) Messages must not be disseminated through media outlets that damage the image, reputation, honor and personal and family privacy to which every citizen is entitled. Violators of what is prescribed in this article will be sanctioned with a fine of FIVE (5) TO TWENTY (20) MINIMUM SALARIES, without prejudice to the criminal liability that corresponds. g) To exhort citizens to support, adhere to or separate from political parties, using religious beliefs or motives.

Permitted Activity.- The acts permitted as permanent political activity are:

• 1)

  Training and instruction of its members, activists and sympathizers, anywhere in the national territory, such as talks, seminars, symposiums and similar;

• 2)

  Planning, organization and promotion with its activists and sympathizers;

• 3)

  Institutional advertising through mass media to publicize its declaration of principles, action programs and its proposals to win the sympathy of the general public;

• 4)

  Institutional functioning activities such as maintenance of headquarters, offices Río Building Constructions, El Prado Colony, in front of SYRE, Tegucigalpa, M. D. C., Honduras, C. A. Tels.: 2239-1058, 2239-1056, 2232-4549, 2232-4547, 2232-4557, 2232-4575, website: www.tse.hn

  Supreme Electoral Tribunal Republic of Honduras central, regional, municipal, rural and other related offices. CHAPTER III ELECTORAL CAMPAIGN

Electoral Campaign. They are all activities carried out by Political Parties, Alliances between political parties, their candidates and Independent Candidacies, comprised between the calling and the date of celebration of elections, with the purpose of promoting their ideological principles, government programs and their candidates to the different offices of popular election, to capture the preferences of the electorate, through meetings and assemblies in private places. CHAPTER IV ELECTORAL PROPAGANDA

Electoral Propaganda.- It is systematic political activity aimed at exercising influence on the opinion and conduct of voters to induce voting in favor of a determined candidate, Political Party, Alliance, or Independent Candidacy, by means of dissemination of messages through announcements, advertising spots on television, radio and written media; as well as advertising billboards, posters and similar.

Period of Electoral Propaganda.- It begins on the twenty-eighth (28) of August of two thousand seventeen (2017) and ends on the twentieth (20) of November of the same year. Whoever carries out electoral propaganda outside this period will be sanctioned with a fine of ONE HUNDRED (100) TO FIVE HUNDRED (500) MINIMUM SALARIES, including the involved media outlet. Within this period, the use of television, radio stations, cinematographic centers, newspapers, written materials, magazines, posters, advertising billboards and fixed or mobile loudspeakers, cable television, internet, social networks, etc. is permitted. Río Building Constructions, El Prado Colony, in front of SYRE, Tegucigalpa, M. D. C., Honduras, C. A. Tels.: 2239-1058, 2239-1056, 2232-4549, 2232-4547, 2232-4557, 2232-4575, website: www.tse.hn

Republic of Honduras Supreme Electoral Tribunal

Content of Electoral Propaganda.- Those who contract electoral propaganda will be responsible for its content. Electoral propaganda must remain within the limits of morality and ethics. Those who violate this article will be sanctioned in accordance with what is established in the Penal Code.

Anonymous Propaganda.- Anonymous propaganda is prohibited as well as that which promotes electoral abstentionism, non-compliance with the Law or disrespect for political institutions and the dignity of persons. Likewise, propaganda that exhorts voting blank or annulling the vote is prohibited. The owners, directors or managers of printing houses, media outlets, cinemas or advertising companies will be responsible for the printing, transmission or publication of anonymous propaganda. Violators of what is established in this article will be imposed a FINE OF FORTY (40) TO TWO HUNDRED (200) MINIMUM SALARIES. In case of recidivism, the cancellation of the operating permit will be proceeded.

Obligation of Companies.- The companies contracted to disseminate or prepare propaganda are obliged to obtain the name, signature and identification card number of the person responsible for the propaganda. Legal entities that contract propaganda services must be backed by the signature of the legal representative or their agent. The lack of these requirements will be equivalent to anonymous propaganda. CHAPTER V STATE MEDIA OUTLETS

State Media Outlets.- Radio stations, television stations, newspapers and other state media outlets will not be used for purposes of electoral propaganda. Officials who violate this provision must be removed from their positions and have a fine applied of TWENTY (20) TO ONE HUNDRED (100) MINIMUM SALARIES. Río Building Constructions, El Prado Colony, in front of SYRE, Tegucigalpa, M. D. C., Honduras, C. A. Tels.: 2239-1058, 2239-1056, 2232-4549, 2232-4547, 2232-4557, 2232-4575, website: www.tse.hn

Supreme Electoral Tribunal Republic of Honduras The exception to the foregoing is the time slot that the Supreme Electoral Tribunal assigns to Political Parties as a result of the agreement between the Supreme Electoral Tribunal and the Executive and Legislative Powers. The time slots assigned by state media outlets will be considered as a contribution.

Equity of Television Advertising.- Under the principle of equity of television advertising, media outlets cannot discriminate against any Political Party, Female or Male Candidate, Alliance between political parties or Independent Candidacy. For purposes of spending limits in electoral campaigns, reporting of the acquisition of advertising by any means is mandatory.

Obligation to Provide Advertising Space.- When requested by the Supreme Electoral Tribunal, companies and media outlets must provide it with information regarding the advertising space, the material of the advertisements, notices and any type of messages, as well as those responsible for their hiring.

Suspension of State Advertising.- During the period of propaganda and until the conclusion of the electoral day, campaigns promoting the Central Government and local governments must be suspended, especially those established within the framework of the Law of the Voluntary Program of Rescue, Promotion and Development of the Communications Sector.

Exception for Necessary Advertising.- The following are excepted from the aforementioned prohibition: information campaigns by electoral authorities, those relating to: health, disasters, civil protection, and security in emergency cases.

Prohibitions on Public Officials and Employees.- The following are prohibited for public officials and employees:

• a)

  Attending meetings of a political nature during business days and hours;

• b)

  Using the authority, means, and influence of their position to favor persons or political organizations;

• c)

  Using government acts to conduct partisan propaganda of any kind; and,

• d)

  Using financial resources or assets of the State to conduct political propaganda. CHAPTER VI LOCATION OF PROPAGANDA AND PROHIBITIONS

Location of Electoral Propaganda on Private Property.- On any real property of private ownership, electoral propaganda may be affixed, with prior written authorization from its owners, administrators, or occupants, provided that it does not obstruct visibility for vehicular traffic.

Prohibitions on Placement of Political Propaganda.- The following are prohibited at all times:

• a)

  Affixing or painting posters, signs, drawings, or other similar advertisements on buildings, furnishings, or equipment used or owned by the State, public monuments, religious temples, traffic signals, signs, and other objects on public roads or other spaces within the right of way. Notwithstanding the foregoing, it is permitted during the authorized periods to place written propaganda on public lighting poles, provided that it is placed in such a way that it is not permanently affixed, does not cause deterioration to the city's appearance, does not obstruct visibility for vehicular traffic, and is easily removable.

• b)

  Affixing propaganda over propaganda already placed in authorized locations.

• c)

  Obstructing the transit or vision of persons or vehicles.

• d)

  Political propaganda printed without a printing footer.

• e)

  The use of symbols and colors of other political parties. Violators shall be sanctioned with a fine of ONE HUNDRED (100) TO TWO HUNDRED FIFTY (250) MINIMUM SALARIES, with the exception of subsection e), which shall have a fine of TWO (2) TO FIVE (5) MINIMUM SALARIES.

Other Prohibitions.- It is prohibited to destroy the propaganda of political parties, Alliances, and Independent Candidacies, as well as that of their female and male candidates. The use of public services to make, place, or distribute propaganda is prohibited, using the means and instruments of companies that provide said services. Similarly, it is prohibited to distribute propaganda within the perimeter of fifty (50) meters of voting centers. CHAPTER VII ELECTORAL SILENCE

Electoral Silence.- It is the phase that prohibits public demonstrations, all political propaganda, the disclosure of total or partial results of surveys or public opinion polls, as well as printed, audiovisual, electronic, radiophonic, magnetic, or any other type of material that contains said propaganda.

Period of Electoral Silence.- Electoral silence begins on November 21, 2017, and ends on the twenty-sixth (26) of November of two thousand seventeen (2017) at twelve o'clock at night (12:00 p.m.). During this stage, political parties, Alliances, and Independent Candidacies, as well as their female and male candidates legally registered by the Supreme Electoral Tribunal participating in the general elections, may only use the media to explain, disclose, and disseminate their government programs. Whoever violates the provisions contained in this chapter shall be imposed a fine of TWO HUNDRED (200) TO ONE THOUSAND (1000) MINIMUM SALARIES. CHAPTER VIII PUBLIC MEETINGS AND POLITICAL DEMONSTRATIONS

Political Meetings.- Political meetings, events, and activities whose purpose is to promote female and male candidates of political parties, Alliances, and Independent Candidacies are lawful and may be held at any time in closed private spaces.

Authorization for Political Meetings in Open Places.- Parades, public meetings, and political demonstrations that are to be held during the electoral propaganda stage, in open spaces of free public access, may only be held with prior authorization from the Supreme Electoral Tribunal or Municipal Electoral Tribunal under the following conditions:

• a)

  The request must be submitted to the Supreme Electoral Tribunal or Municipal Electoral Tribunal and shall be resolved within the following twenty-four (24) hours, giving strict compliance with the order of submission. Political parties, Alliances, and Independent Candidacies must, through their legal representative, make the corresponding request.

• b)

  Requests directed to the Supreme Electoral Tribunal may be sent via email: solicitudpermiso2017@tse.hn, facsimile number 2239-2935, or by other written means.

• c)

  The corresponding resolution must be notified to the requesting party and to the central authorities of the other political organizations participating in the general elections.

• d)

  Two or more political events may not be authorized on the same day in the same town.

• e)

  Political meetings may not be held in open spaces less than two hundred (200) meters from bridges, road intersections, fire stations, red cross facilities, hospitals, National Police offices, educational centers, and religious temples, except in the latter case with the authorization of those who direct them.

• f)

  The offices of other political organizations in the town must remain closed while the authorized event is being held.

• g)

  Merely by authorization of the event, the requesting organization is also authorized to use mobile or stationary loudspeakers on the day and in the respective town.

Orderly and Peaceful Political Activities.- Meetings, demonstrations, concentrations, parades, and political activities authorized by the corresponding electoral body may not be impeded, repressed, or obstructed in their development, provided that they are carried out in an orderly and peaceful manner. Those who hold meetings, events, parades, demonstrations, and concentrations in open places without prior authorization from the Supreme Electoral Tribunal shall be sanctioned with a fine of FOUR (4) TO TEN (10) MINIMUM SALARIES. CHAPTER IX SURVEYS

Surveys and Public Opinion Polls.- As of May 16, 2017, any natural or legal person who within their activities wishes to conduct measurements of electoral behavior, for the purpose of publishing or disclosing by themselves or by means of third parties the total or partial results obtained from surveys and public opinion polls conducted on the aforementioned matter, must register with the Supreme Electoral Tribunal, which shall regulate said activity.

Registration Application.- Natural or legal persons who register pursuant to the provisions of the previous article must submit through the General Secretariat of the Supreme Electoral Tribunal the registration application, and must accompany the original and duly authenticated photocopy of the following documents:

• a)

  The public deed of incorporation or declaration of individual merchant duly registered. If foreign, the respective agreement authorizing commerce or commercial acts and its incorporation.

• b)

  Current Operating Permit.

• c)

  RTN of the company.

• d)

  Physical address, electronic address, and telephone numbers of the company.

• e)

  Power of Attorney in favor of a legal professional to represent it. Companies that are already registered with the Supreme Electoral Tribunal shall only request the renewal of their registration and updating of their company information.

Methods and Procedures for Conducting Surveys or Opinion Polls.- Prior to the conduct of surveys or opinion polls by registered persons, the Supreme Electoral Tribunal must be notified of the methods and procedures that will be used in conducting the same. The Supreme Electoral Tribunal must resolve within a maximum period of five (5) business days after the notification is made.

Prohibition on Publishing or Disseminating Results of Surveys and Opinion Polls.- It is prohibited to disclose or disseminate the results of electoral polls and surveys both on election day and within the thirty calendar days prior to the holding of the same, which shall begin to be counted from the twenty-seventh (27) of October 2017. It is also prohibited to publish directly, as well as to contract spaces to disseminate said results. Those who violate this provision shall be sanctioned with a fine of TWO HUNDRED (200) TO ONE THOUSAND (1000) MINIMUM SALARIES. In case the offender is not registered, they shall also incur an electoral crime, without prejudice to double the fine established in this article. CHAPTER X SUSPENSION OF ILLICIT PROPAGANDA AND APPLICATION OF SANCTIONS

Propaganda Not Permitted.- In case of announcements transmitted in the media that are contrary to the Constitution of the Republic, the Electoral Law and Political Organizations, or this Regulation, the Supreme Electoral Tribunal shall order the immediate suspension of such announcements.

Confiscation of Campaign Material.- Those who possess or carry campaign material that offends the dignity of persons, morality, or good customs, or that is anonymous, shall have said material confiscated, without prejudice to any other sanctions that may apply. If the act is susceptible to being classified as a criminal offense, the case shall be immediately referred to the Public Ministry.

Removal of Campaign Material.- After elections have been held, candidates shall proceed to remove their campaign material within the ten (10) days following. CHAPTER XI OF SANCTIONING PROCEDURE

Attribution of the Tribunal.- The fines established in the Electoral Law and Law of Political Organizations shall be imposed by the Supreme Electoral Tribunal and shall be deposited in the General Treasury of the Republic.

Minimum Salary Applicable to Fines.- For the purposes of fines imposed by the Supreme Electoral Tribunal, the minimum salary shall be understood as the monthly minimum salary set by the Executive Power in its highest grade for the geographic zone in which the infraction is committed, which in this case is TEN THOUSAND ONE HUNDRED SIXTY-EIGHT LEMPIRAS (L. 10,168.00) according to Agreement 12-2017 issued by the Supreme Electoral Tribunal.

Report.- Any citizen may report to the Supreme Electoral Tribunal or any of its offices created for such purpose the noncompliance with the provisions established in the Electoral Law and Law of Political Organizations and in this Regulation, attaching the pertinent evidence.

Initiation.- The Supreme Electoral Tribunal, either ex officio or by report, shall proceed to cite the natural or legal person accused of committing an infraction related to electoral campaign material, polls, public meetings, and political demonstrations, to a hearing to afford an opportunity to be heard, to be held within the five (5) following days, indicating the alleged infraction, so that in exercise of their right to defense they may present their response.

Resolution.- Upon conclusion of the hearing to afford an opportunity to be heard, within a period of three (3) calendar days, the Supreme Electoral Tribunal shall issue the Resolution, applying the corresponding fine in accordance with what is established by the Electoral Law and Law of Political Organizations and this Regulation, or in the alternative, dismissing the report and ordering the filing of the proceedings.

Remedies.- Against the fine Resolution issued by the Supreme Electoral Tribunal, only the remedy of reconsideration shall apply, which may be filed at the time of notification or on the following day.

Enforcement of Fines.- Fines imposed by the Tribunal that are not paid within the eight (8) days following the date of notification shall be pursued through compulsory enforcement proceedings in accordance with what is established in the Electoral Law and the Administrative Procedure Law.

Effective Date.- This Regulation shall enter into effect as of this same date and shall be published in the Official Journal La Gaceta. Done in the Session Hall of the Supreme Electoral Tribunal, in the city of Tegucigalpa, Municipality of the Central District, on the twenty-fifth (25) day of the month of August of the year two thousand seventeen (2017).