Kapok | The letter versus the spirit
Eric Sautedé
A lot has been said already regarding the so-called “clarifications” issued on August 3 by the Electoral Affairs Commission (CAEAL) in relation to the forbidding of so-called “political propaganda” — or “publicity” to use a less controversial wording — prior to the two weeks of official campaigning starting on September 2.
The editor-in-chief of this very newspaper called it “bullshit” right away — no need to excuse his French there. And stupid it is, especially when it goes as far as indicating that starting on August 3, all messages, including electronic postings on social media, that would indicate a preference for a candidate are forbidden until the official launch of the campaign, and moreover that all messages posted prior to that date have to be removed!
This applies to the candidates themselves and their representatives, but also to regular voters; citizens whose “selfies” taken with candidates could be construed as “illegal publicity” if accompanied by “explicit or implicit indication” of voting preference. Nothing was said as to how long back this would apply: back to July 12, when the lists of candidates were made public? Or back to March 13, the very day the Election Day was made public? And then how “public” is truly public on social media platforms: does it apply to postings only visible to friends? Why would Sulu Sou, for example, decide to make his profile totally invisible for a while?
But the points made by the CAEAL are not only contrary to common sense, they indeed contravene several core principles of our glorified Basic Law, especially when it comes to freedom of expression and information, as rightly pointed out by some candidates and legal experts.
In the Chinese newspaper with the biggest circulation in Macao, half a page was dedicated to a particular group of interests in Macao yesterday, with three outgoing legislators — two of them running again — being given ample space to develop their thinking on livelihood issues: is that information or propaganda?
If I write in this column that only a particular group of legislators, based on opinion surveys, is doing a proper job: am I helping shape the opinion of the citizens or just mirroring the state of the public opinion?
And then if I say that the most absent legislators in the 2015-2016 session (the latest available) were Vitor Cheung (he attended only 32 sessions out of 42… almost 25 percent of absenteeism!), Chan Chak Mo (34/42) and Melinda Chan (35/42), am I just stating a fact or implicitly indicating that people should not vote for them?
And then, my vote could go to Melinda Chan — she is a directly elected legislator — but the other two are indirectly elected: I do have a say in Mr Chan’s election, being part of a cultural association that is recognised with the right to vote in functional constituencies, but then Mr Chan is running unopposed, so would my preference make a difference?
Several candidates, especially those who are not yet members of this august assembly, have also pointed out that this so-called clarification had two very detrimental effects.
A more immediate one is putting them at a disadvantage compared to sitting legislators. They, the hope for the future, cannot discuss public policies in relation to the elections whereas established legislators can simply talk about their daily routine, even if this consists mainly of complaining in public and complying when voting for government-sponsored bills comes. But then candidates who are truly active all year long, the ones who head meaningful political associations might not be at such a disadvantage: the ones really suffering are the gimmicky one-time vote stealers!
The most important second detrimental effect is that it prevents people from engaging in public debate and thus focusing more on issues rather than persons. Just like expressing a preference or a commitment should not be considered as campaigning, the interpretation of the CAEAL is simply speaking a treason to the spirit of the electoral law.
