Member Article

The Comelec promulgated Resolution No. 9615 on 15 January 2013. This Resolution implements the provisions of Republic Act No. 9006, more popularly known as the Fair Election Act, for purposes of the 2013 national and local mid-term elections.  The Fair Election Act governs the use of TV, radio and other broadcast media, and other forms and methods of campaigning, the use and conduct of election surveys and exit polls, and the method of implementing the right to reply enshrined under Section 4, Article IX-C of the 1987 Constitution. The law seeks to level the playing field among national and local electoral candidates and parties, particularly by placing limits on the amount of time a candidate or political party may access a particular medium for campaign purposes as well as by limiting the type and forms of allowable election campaign materials, and regulating public rallies, meetings and other political activities.

While generally hewing closely to the provisions of the law, the new regulation has met stringent opposition from media groups as a result of a number of novel provisions. Foremost among these is the introduction of regulations governing the use of the internet, particularly, blogs, social networks, and other online channels and websites. Previously unregulated, online propaganda is now subject to limitations as to time, pixel width, height and aspect ratio and frequency. More particularly, under Resolution 9615, online advertisements for each candidate are allowed a maximum of three times a week per website during the entire campaign period. Any exhibition or display within a 24-hour period is considered one publication, regardless of frequency.

The new regulation also redefines the maximum thresholds for air time and radio broadcast. Previously, limits to air and radio transmissions were counted on a per station basis. Under the current rules, candidates for national positions and the party-list system are now...

Read the rest of the article at Lexoterica.