Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City
‘SEVENTEENTH CONGRESS
‘Second Regular Session

House BILL No.'7863 _

Introduced by HON. MANUEL F. ZUBIRI

EXPLANATORY NOTE

Section 24 of Article II of the 1987 Constitution recognizes the role of communication and
information in nation-building. Likewise, Section 7 of the Bill of Rights recognizes the right
‘of the people to information on matters of public concem. With the influx and advancement
of technology, never has information been as vital and important in our daily lives, affecting
social and political activity, as well as the right to suffrage.

Given the recent study by media scholars Jason Cabanes and Jonathan Ong revealing the
Use of digital media as an elections tool’, it may do well to update the provisions of the Fair
Elections Act and the Omnibus Election Code to reflect the changes in the electoral
landscape and to recognize the internet as a media platform where electioneering can be
conducted. As a form of media, the internet can be utilized ~ or worse, weaponized — for or
against a particular candidate or a political party”.

‘As of writing, the Omnibus Election Code and the Fair Election Act do not have any
provisions governing campaign and election practices carried out through the internet. By
making the necessary amendments to adapt to the ni in using digital media for
‘communication and electioneering, we level the playing/field and increase the scope of
police power not only to print and radio but to digital
the public to scrutinize election spending to scrutit
candidates for public office.

* Cabanes, Jason and Ong, Jonathan, “Architects of Networked Disinformation: Behind the Scenes of Troll
Accounts and Fate News Productonin te Piopne” is Uneworlehitie con



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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
‘Second Regular Session

7863

HOUSE BILL NO.

Introduced by Representative MANUEL F. ZUBIRI

AN ACT AMENDING SECTIONS 79, 82, 84, 85, AND 86 OF BATAS PAMBANSA BLG.

881, OTHERWISE KNOWN AS THE OMNIBUS ELECTION CODE

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Section 79 of the Omnibus Election Code is hereby amended to read

as follows:

*Section 79. Definitions. - As used in this Code:
(2) The term "candidate" refers to any person aspiring for or seeking

an elective public office, who has filed a certificate of candidacy by himself or

through an accredited political party, aggroupment, or coaition of parties;

(b) The term "election campaign” or “partisan political activity” refers
to an act designed to promote the election or defeat of a particular candidate
or candidates to a public office which shall include:

(1) Forming organizations, associations, clubs, committees or
other groups of persons for the purpose of soliciting votes and/or
undertaking any campaign for or against a candidate;

(2) Holding political caucuses, conferences, meetings, rallies,
parades, or other similar assemblies, for the purpose of soliciting
votes and/or undertaking any campaign or propaganda for or against
a candidate;

(3) Making speeches, announcements or commentaries, or
holding interviews for or against the election of any candidate for
Public office;

(4) Publishing, DISTRIBUTING, OR SHARING THROUGH
‘THE INTERNET OR DIGITAL PLATFORM, ANY campaign literature
‘or materials designed to support or oppose the election of any
candidate; or

(5) Directly or indirectly soliciting votes, pledges or support for
oF against a candidate,

‘The foregoing enumerated acts if performed for the purpose of enhancing
the chances of aspirants for nomination for candidacy to a public office by a
political party, aggroupment, or coalition of parties shall not be considered as
‘election campaign or partisan election activity.

Public expressions or opinions or discussions of probable issues in a
forthcoming election or on attributes of or criticisms against probable
candidates proposed to be nominated in a forthcoming political party


convention shall not be construed as part of any election campaign or
partisan politcal activity contemplated under this Article.”

SECTION 2. Section 82 of the Omnibus Election Code is hereby amended to read
as follows:

“Section 82. Lawful election propaganda. - Lawful election propaganda shall
include:

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(a) Pamphlets, leaflets, cards, decals, stickers or other written or
printed materials of a size not more than eight and one-half
inches in width and fourteen inches in length;

(©) Handwritten or printed letters urging voters to vote for or against
any particular candidate;

(©) Cloth, paper or cardboard posters, whether framed or posted,
with an area exceeding two feet by three feet, except that, at the
site and on the occasion of a public meeting or rally, or in
‘announcing the holding of said meeting or rally, streamers not
exceeding three feet by eight feet in size, shall be allowed:
Provided, That said streamers may not be displayed except one
week before the date of the meeting or rally and that it shall be
removed within seventy-two hours after said meeting or rally;

(d) PICTURES, VIDEO CLIPS, SHORT FILMS, INFOGRAPHICS,
SPONSORED BLOG POSTS, SPONSORED TWEETS, AND
OTHER CONTENT AND MATERIALS PUBLISHED ONLINE
URGING TO VOTE FOR OR AGAINST ANY PARTICULAR
CANDIDATE, SHALL BE ALLOWED: PROVIDED, THAT SAID
ONLINE CONTENT AND MATERIALS SHALL INDICATE
THEY ARE SPONSORED BY OR FOR A PARTICULAR
CANDIDATE, PARTY-LIST OR POLITICAL PARTY; AND.

(@) All other forms of election propaganda not prohibited by this
Code as the Commission may authorize after due notice to all
interested parties and hearing where all the interested parties
were given an equal opportunity to be heard: Provided, That the
Commission's authorization shall be published in two
newspapers of general circulation throughout the nation for at
least twice within one week after the authorization has been
granted.”

SECTION 4. Section 84 of the Omnibus Election Code is hereby amended to read

“Section 84. Requirements for published or printed election propaganda. -
Any newspaper, newsletter, newsweekly, gazette or magazine advertising, posters,
Pamphlets, circulars, handbills, bumper stickers, streamers, simple list of
candidates, BLOG POST, VIDEO CLIP, SHORT FILM, any published or printed


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political matter, OR ANY PAID ONLINE CONTENT ON ANY DIGITAL PLATFORM
for or against a candidate or group of candidates to any public office shall bear and
be identified by the words "paid for by" followed by the true and correct name and
address of the payor and by the words "printed by" followed by the true and correct
‘name and address of the printer OR DIGITAL PLATFORM.”

SECTION 5. Section 85 of the Omnibus Election Code is hereby amended to read
as follows:

“Section 85. Prohibited forms of election propaganda. - It shall be unlawful:

(@) To print, publish, post or distribute any poster, pamphlet, circular,
hhandbil, or printed matter urging voters to vote for or against any
candidate unless they bear the names and addresses of the printer
‘and payor as required in Section 84 hereof,

(0) To erect, put up, make use of, attach, float or display any
billboard, tinplate-poster, balloons and the like, of whatever size,
shape, form or kind, advertising for or against any candidate or
politcal party;

(©) To purchase, manufacture, request, distribute or accept electoral
propaganda gadgets, such as pens, lighters, fans of whatever nature,
flashlights, athletic goods or materials, wallets, shirts, hats,
bandanas, matches, cigarettes and the like, except that campaign
‘Supporters accompanying a candidate shall be allowed to wear hats
and/or shirts or T-shirts advertising a candidate;

(@) To show or display publicly any advertisement or propaganda for
or against any candidate by means of cinematography, audio-visual
units or other screen projections except telecasts which may be
allowed as hereinafter provided;

(@) For any radio broadcasting or television station to sell or give free
of charge air time for campaign and other political purposes except
as authorized in this Code under the rules and regulations
promulgated by the Commission pursuant thereto; AND

() FOR INTERNET AND ONLINE CONTENT, TO PUBLISH ANY
MATERIAL OR POLITICAL ADVERTISEMENTS WITHOUT ANY
VISIBLE DISCLAIMER AND INDICATION THAT SAID CONTENT
OR MATERIAL WAS PAID FOR AND PUBLISHED FOR A
PARTICULAR CANDIDATE OR PARTYLIST;

‘Any prohibited election propaganda gadget or advertisement shall be
stopped, confiscated tom down by the representative of the Commission
upon specific authority of the Commission.”

SECTION 6. Section 86 of the Omnibus Election Code is hereby amended to read
as follows:

“Section 86. Regulation of election propaganda through mass media. -


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(2) The Commission shall promulgate rules and regulations regarding
the sale of air time for partisan political purposes during the
‘campaign period to insure the equal time as to duration and quality in
available to all candidates for the same office or political parties at
the same rates or given free of charge; that such rates are
reasonable and not higher than those charged other buyers or users
of air time for non-political purposes; that the provisions of this Code
regarding the limitation of expenditures by candidates and political
parties and contributions by private persons, entities and institutions
are effectively enforced; and to ensure that said radio broadcasting
and television stations shall not unduly allow the scheduling of any
rogram or permit any sponsor to manifestly favor or oppose any
‘candidate or political party by unduly or repeatedly referring to or
including said candidate and/or political party in such program
respecting, however, in all instances the right of said stations to
broadcast accounts of significant or newsworthy events and views on
‘matters of public interest.

() All ADVERTISING CONTRACTS, WHETHER PRINT OR
ONLINE, or any form of publication promoting or opposing the
candidacy of any person for public office shall, before its
implementation, be registered by said ADVERTISER AND
PUBLISHER with the Commission. In every case, it shall be signed
by the candidate concemed or by the duly authorized representative
of the political party.

(©) No franchise or permit to operate a radio or television station shall
be granted or issued, suspended or cancelled during the election
period.

Any radio or television stations, including that owned or controlled by the

Government, shall give free of charge equal time and prominence to an

accredited political party or its candidates if it gives free of charge air time to

an accredited political party or its candidates for political purposes.

ALL DIGITAL OR ONLINE PLATFORMS SHALL MAINTAIN RECORDS
OF REQUESTS FROM ADVERTISERS, A DIGITAL COPY OF THE
ADVERTISEMENT, A DESCRIPTION OF THE TARGET AUDIENCE, AND
THE CONTACT INFORMATION OF THE TRUE PURCHASER OR
ADVERTISER FROM 12 MONTHS BEFORE THE START OF THE
ELECTION PERIOD UNTIL 12 MONTHS AFTER THE LAST DAY OF THE
ELECTION PERIOD. THIS RECORD MUST BE AVAILABLE FOR ONLINE
PUBLIC INSPECTION IN A READABLE FORMAT IN SAID DIGITAL OR
ONLINE PLATFORM.

In all instances, the Commission shall supervise the use and employment of
press, radio and television, DIGITAL, AND ONLINE facilities so as to give
candidates equal opportunities under equal circumstances to make known
their qualifications and their stand on public issues within the limits set forth
in this Code on election spending


Rules and regulations promulgated by the Commission under and by
authority of this section shall take effect on the seventh day after their
Publication in at least two daily newspapers of general circulation. Prior to
the effectivity of said rules and regulations, no political advertisement or
propaganda for or against any candidate or political party shall be published
or broadcast through the mass media.

Violation of the rules and regulations of the Commission issued to implement
this section shall be an election offense punishable under Section 264
hereof.”

SECTION 6. Implementing Rules and Regulations. - The Commission on
Elections, in consultation with the Department of Information and Communications
Technology, shail issue the necessary rules and regulations to implement this Act.

SECTION 7. Repealing Clause. — All laws, presidential decrees, executive orders,
memoranda, rules and regulations contrary or inconsistent with the provisions of this
‘Act are hereby repealed, amended, or modified accordingly.

SECTION 8. Separability Clause. - If any portion or provision of this Act is declared
unconstitutional, the same shall not affect the validity and effectivity of the other provisions,
not affected thereby.

SECTION 9. Repealing Clause. - All laws, parts of laws, decrees, presidential
issuances, proclamations, orders, ordinances, and administrative regulations in conflict with
the provisions of this Act are hereby amended, modified or repealed accordingly.

SECTION 10. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of general circulation.