Presidential Debates: Turning Custom into Law
In Latin America, debate regulations often formalize a practice that is already part of the political culture.
by Ricardo Tapia Basurto, Observatory of Political Reforms in Latin America.
Freedom of expression, access to information, and the right to vote are cornerstones of democracy. For citizens to make informed choices at the ballot box, they need to understand the ideas and proposals of those vying to represent them. This is where presidential debates come in. They offer a unique platform for candidates to present their vision, challenge their opponents, and highlight what sets them apart. In essence, debates give candidates an opportunity to make their case directly to the voters.
While debates have long been a fixture in legislative and judicial settings, their role in election campaigns is relatively new. As campaigns have evolved alongside rapid advances in communications technology, so too have presidential debates. Their emergence on the global stage can be broken down into three phases: the pioneering era (1958-1974), the transitional period (1980-1997), and the adaptive stage (2000-2016). The first phase saw established democracies experimenting with new media; the second coincided with countries undergoing democratic transitions and seeking legitimacy. The third involved more mature democracies adopting internationally recognized democratic practices.
Contrary to popular belief, the first televised presidential debate wasn't the famous Nixon-Kennedy face-off in the United States. That honor actually goes to Brazil, where a debate took place on September 15, 1960, just days before the American one. Venezuela also held presidential debates in 1963 and 1968, but the practice didn't stick, and it would be over two decades before another debate took place in the region.
As Latin American countries began their transition to democracy, countries implemented political and electoral reforms. These changes aimed to level the playing field, give voice to minorities, and ensure fair access to public media and resources. In broad strokes, these reforms sought to nurture budding democratic practices and curb anti-democratic tendencies, all in service of fairer elections.
This context makes the study of presidential debates particularly fascinating. Unlike other democratic reforms, debate regulations often formalize a practice that is already part of the political culture. In some Latin American countries, presidential debates have become a regular feature of elections without any legal requirement (Chile and Peru are good examples). Political parties, media outlets, civil society groups, and election officials come together voluntarily to make these debates happen.
Presidential Debates in Latin American
Source: Observatory of Political Reforms in Latin America
Of the 19 countries we looked at, only 8 (42%) have laws on the books about presidential debates. However, all of them - including the Dominican Republic, which just held its first presidential debate on April 24, 2024 - have had at least one such debate. Interestingly, in 7 of these cases, laws came after debates were already an established practice. In fact, five countries had quite a gap between their first debate and their first debate law: Ecuador (37 years), Uruguay (30), Panama (28), Colombia (19), and Mexico (18). This suggests that political culture or circumstances made debates seem necessary even without legal backing. Meanwhile, Brazil (8 years) and Argentina (1 year) moved quickly to enshrine debates in law, ensuring they wouldn't be left to the whims of political actors.
This matters because, in countries without mandatory participation or penalties for no-shows, some candidates have opted out of debates. In a few cases (Honduras, Venezuela, Bolivia), this has nearly killed off the practice altogether. On the flip side, candidate reluctance has prompted legal reforms in places like Mexico and Argentina, making participation compulsory.
But regulations don't always align with political culture - sometimes they clash. Costa Rica is the odd one out, where regulations came 8 years before the first actual debate, and initially prevented debates from happening. In 2002, there was an attempt to organize a debate with the leading candidates, but the Electoral Tribunal ruled that all registered candidates had to participate or none could. This led to the debate's cancellation. It wasn't until a change in the law that Costa Rica saw its first debates in 2009.
Guatemala had a similar hiccup. The Electoral Tribunal issued debate regulations on March 5, 2019, but these were struck down a week later for infringing on media freedom by dictating format and timing.
A lack of regulation doesn't necessarily mean debates aren't part of the political landscape. Chile, for instance, has a strong debate tradition despite no formal rules. But in other cases, the absence of regulations might hint at how much (or little) importance is placed on public dialogue. Nicaragua (2006) and the Dominican Republic (2024) have each only had one presidential debate. In Bolivia, El Salvador, and Venezuela, debates continue, but incumbent presidents seeking re-election have skipped them, diminishing their impact.
As we mentioned earlier, presidential debates have evolved alongside media technology. Now, social media is reshaping campaigning, which will inevitably affect debate formats and rules. At the same time, the region is grappling with democratic backsliding - both in terms of public support for democracy and respect for the rule of law. This will surely influence the culture of public debate and the practice of presidential debates.
With 11 countries still lacking debate regulations, some embracing the tradition and others moving away from it, the future of presidential debates in this fourth phase will serve as a barometer for the health of democracy in Latin America.
How to cite:
Basurto, Ricardo (5 de septiembre del 2024). Presidential Debates: Turning Custom into Law. Blog #LabData, Observatorio de Reformas PolÃticas en América Latina. https://observatorioreformas.substack.com/p/presidential-debates-turning-custom
Download the dataset Debates Presidenciales en América Latina [Tabla]