Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City

‘SEVENTEENTH CONGRESS
‘Second Regular Session

7864

HOUSE BILL No.

Introduced by HON. MANUEL F. ZUBIRI

EXPLANATORY NOTE

With the 2019 elections looming, coupled with the problem of disinformation through the
use of online and social media, it is high time we amend the provisions of the Fair Elections
Act to reflect its intention of assuring free, orderly, honest, peaceful, and credible elections
Given its provisions have not caught up with the digitalization of discourse in the
Philippines, it is best we update the salient provisions of the Fair Election Act. The reality of
disinformation’ (or “fake news" in the vernacular) shall be addressed in order to allow the
electoral system to reflect the true intent of the voting public.

The study by Cabanes and Ong confirms the fact paid trolls are being used by political
candidates. One of their policy suggestions was to craft a Political Campaign Transparency
Act to require politicians to disclose the political campaign materials for broad public
discussion and regulation. This information is not protected by their right to privacy given
the public nature of the office they are vying for.

Salient amendments include the identification of paid online advertisements and online
content to reflect whether these were paid for such entities and the submission of an
inventory of the advertising materials purchased, complete with the titles and particulars of
such advertising materials. These allow political propaganda materials to be properly
identified by voters in order to help them make an informed choice. The inventory likewise
will help identify whether the candidate or benefactors of the candidate purchased online
material which violated the Fair Elections Act.

Albert Einstein, one of the world’s most brilliant scientjéts, once said “Whoever is careless
with the truth in small matters cannot be trusted-wit}{ important matters”. In view of the

F. ZUBIRI

1 Cabanes, Jason and Ong, Jonathan, Architects of Networked Disinformation: Behind the Scenes of
Troll Accounts and Fake News Production in the Philippines, http://newtontechfordev.com/ wp-

content/uploads/2018/02/ ARCHITECTS-OF-NETWORKED-DISINFORMATION-FULL-
REPORT. pdf, The Newton Tech4Dev Network, Accessed 5 March 2018


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

‘SEVENTEENTH CONGRESS
‘Second Regular Session

House BILL No._7 S64

Introduced by Representative HON. MANUEL F. ZUBIRI

AN ACT AMENDING SECTIONS 3, 4, 6, AND 7 OF REPUBLIC ACT NO. 9006,
OTHERWISE KNOWN AS THE FAIR ELECTION ACT

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

SECTION 1. Section 3 of the Fair Election Act is amended to read as follows:

aon

“Section 3. Lawful Election Propaganda. — Election propaganda,
whether on television, cable television, radio, newspapers, ONLINE OR THE
INTERNET or any other medium is hereby allowed for all registered political
parties, national, regional, sectoral parties or organizations participating
under the party list elections and for all bona fide candidates seeking
national and local elective positions subject to the limitation on authorized
expenses of candidates and political parties, observance of truth in
advertising and to the supervision and regulation by the Commission on
Elections (COMELEC).

For the purpose of this Act, lawful election propaganda shall include:

3.1. Pamphlets, leaflets, cards, decals, stickers or other written or printed
materials the size of which does not exceed eight and one half inches in
width and fourteen inches in length;

3.2. Handwritten or printed letters urging voters to vote for or against any
particular political party or candidate for public office;

3.3. Cloth, paper or cardboard posters, whether framed or posted, with an
area not exceeding two (2) feet by three (3) 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 (3) feet by eight (8) feet
in size, shall be allowed: Provided, That said streamers may be displayed
five (5) days before the date of the meeting or rally and shall be removed
within twenty-four (24) hours after said meeting or rally;


ome won

3.4, Paid advertisements in print, broadcast, OR ONLINE media: Provided,
That the advertisements shall follow the requirements set forth in Section 4
of this Act;

3.5. PAID ONLINE CONTENT SUCH AS SOCIAL MEDIA POSTS,
VIDEOS, AND SOUNDBITES: PROVIDED, THAT ONLINE CONTENT
SHALL FOLLOW THE REQUIREMENTS SET FORTH IN SECTION 4 IN
THIS ACT;

3.6. All other forms of election propaganda not prohibited by the Omnibus
Election Code or this Act.

SECTION 2. Section 4 of the Fair Election Act is hereby amended to read as

Section 4. Requirements for Published or Printed, Broadcast, AND ONLINE
Election Propaganda. —

4.1. Any newspaper, newsletter, newsweekly, gazette or magazine
advertising, posters, pamphlets, comic books, circulars, handbills, bumper
stickers, streamers, sample list of candidates or any published or printed
political matter and any broadcast of election propaganda by television or
radio for or against a candidate or group of candidates to any public office
shall bear and be identified by the reasonably legible or audible words
"political advertisement paid for,” followed by the true and correct name and
address of the candidate or party for whose benefit the election propaganda
was printed or aired. LIKEWISE, ANY SOCIAL MEDIA ADVERTISEMENT,
BLOG POST, SOCIAL MEDIA POST, VIDEO CLIP, AND ANY OTHER
PUBLISHED POLITICAL MATTER ONLINE FOR OR AGAINST A
CANDIDATE OR GROUP OF CANDIDATES SHALL BEAR AND BE
IDENTIFIED BY THE REASONABLY LEGIBLE OR AUDIBLE WORDS
“POLITICAL ADVERTISEMENT PAID FOR," FOLLOWED BY THE TRUE
AND CORRECT NAME AND ADDRESS OF THE CANDIDATE OR PARTY
FOR WHOSE BENEFIT THE ELECTION PROPAGANDA WAS
PRODUCED.

4.2. If the broadcast is given free of charge by the radio or television station,
it shall be identified by the words “airtime for this broadcast was provided
free of charge by" followed by the true and correct name and address of the
broadcast entity. IF ONLINE CONTENT IS GIVEN FREE OF CHARGE BY
ANY PERSON OR WEBSITE, IT SHALL ALSO BE IDENTIFIED BY THE
WORDS “THIS CAMPAIGN WAS PROVIDED FREE OF CHARGE BY"
FOLLOWED BY THE TRUE AND CORRECT NAME AND ADDRESS OF
THE PERSON PUBLISHING SUCH.


ame won

4.3. Print, broadcast, outdoor, OR ONLINE advertisements donated to the
candidate or political party shall not be printed, published, broadcast,
exhibited, OR POSTED without the written acceptance by the said candidate
‘or political party. Such written acceptance shall be attached to the
advertising contract and shall be submitted to the COMELEC as provided in
‘Subsection 6.3. hereof.

SECTION 3. Section 6 of the Fair Election Act is hereby amended to read as

Section 6. Equal Access to Media Time and Space. — All registered parties
and bona fide candidates shall have equal access to media time and space.
The following guidelines may be amplified on by the COMELEC.

6.1. Print advertisements shall not exceed one-fourth (1/4) page, in broad
sheet and one-half (1/2) page in tabloids thrice a week per newspaper,
magazine or other publications, during the campaign period.

6.2. (a) Each bona fide candidate or registered political party for a
nationally elective office shall be entitled to not more than one hundred
twenty (120) minutes of television advertisement and one hundred eighty
(180) minutes of radio advertisement whether by purchase or donation.

(b) Each bona fide candidate or registered political party for a locally
elective office shall be entitled to not more than sixty (60) minutes of
television advertisement and ninety (90) minutes of radio advertisement
whether by purchase or

For this purpose, the COMELEC shall require any broadcast station
or entity to submit to the COMELEC a copy of its broadcast logs and
certificates of performance for the review and verification of the frequency,
date, time and duration of advertisements broadcast for any candidate or
political party.

6.3. All mass AND ONLINE media entities shall furnish the COMELEC with
a copy of all contracts, INVESTMENTS, GRANTS, FUNDING, OR OTHER
ARRANGEMENTS for advertising, promoting or opposing any political party
or the candidacy of any person for public office within five (5) days after its
signing. In every case, it shall be signed by the donor, the candidate
concerned or by the duly authorized representative of the political party.
FURTHER, THE CONTRACT SHALL BE ACCOMPANIED BY AN
INVENTORY OF THE TITLES, LENGTH, NATURE AND A DESCRIPTION
OF ALL THE ADVERTISING MATERIALS, WHETHER PRINT,
BROADCAST, OR ONLINE, INCLUDING BUT NOT LIMITED TO COMIC


BOOKS, CIRCULARS, PRINTED AND PUBLISHED MATERIAL, SOCIAL
MEDIA POSTS, BLOG POSTS, SOCIAL MEDIA CAMPAIGNS, AND
VIDEOS, AS WELL AS THE CONTRACTED FREQUENCY OR NUMBER
OF THEIR PUBLICATION IN THE VARIOUS FORMS OF MEDIA,
INCLUDING ONLINE.

6.4. No franchise or permit to operate a radio or television stations shall be
granted or issued, suspended or cancelled during the election period.

In all instances, the COMELEC shall supervise the use and employment of
press, radio and television, OR ONLINE MEDIA facilities insofar as the
placement of political advertisements is concerned to ensure that candidates
are given equal opportunities under equal circumstances to make known
their qualifications and their stand on public issues within the limits set forth
in the Omnibus Election Code and Republic Act No. 7166 on election

spending.

The COMELEC shall ensure that radio or television or cable television
broadcasting OR ONLINE MEDIA entities shall not allow the scheduling of
any program 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 broadcast entities to air accounts of significant
news or news worthy events and views on matters of public interest.

6.5. All members of media, WHETHERtelevision, radio, print, OR ONLINE,
shall scrupulously report and interpret the news, taking care not to suppress
essential facts nor to distort the truth by omission or improper emphasis.
They shall recognize the duty to air the other side and the duty to correct
substantive errors promptly.

6.6. Any mass OR ONLINE media columnist, commentator, announcer,
reporter, on-air correspondent or personality who is a candidate for any
elective public office or is a campaign volunteer for or employed or retained
in any capacity by any candidate or political party shall be deemed resigned,
if so required by their employer, or shall take a leave of absence from his/her
work as such during the campaign period: Provided, That any media
practitioner who is an official of a political party or a member of the campaign
staff of a candidate or political party shall not use his/her time or space to
favor any candidate or political party.

6.7. No movie, cinematograph, or documentary portraying the life or
biography of a candidate shall be publicly exhibited in a theater, television
station or any public forum during the campaign period.


12
13
4
15
16
7
18
9

2
22
23
24
25
26
27

31
32

34
35
36
37

39

4
42

6.8. No movie, cinematograph or documentary portrayed by an actor or
media personality who is himself a candidate shall be publicly exhibited in a
theater, television station or any public forum during the campaign period.

SECTION 4. Section 7 of the Fair Election Act is hereby amended to read as

follows:

“Section 7. Affirmative Action by the COMELEC. —

7.1, Pursuant to Sections 90 and 92 of the Omnibus Election Code (Batas
Pambansa Bldg. 881), the COMELEC shall procure the print space upon
payment of just compensation from at least three (3) national newspapers of
general circulation wherein candidates for national office can announce their
candidacies. Such space shall be allocated free of charge equally and
impartially among all the candidates for national office on three (3) different
calendar days: the first day within the first week of the campaign period; the
second day within the fifth week of the campaign period; and the third day
within the tenth week of the campaign period.

7.2. The COMELEC shall also procure free airtime from at least three (3)
national television networks and three(3) national radio networks, which shall
also be allocated free of charge equally and impartially among all candidates
for national office. Such free time shall be allocated on three (3) different
calendar days; the first day within the first week of the campaign period; the
second day within the fifth week of the campaign period; and the third day
within the tenth weeks of the campaign period.

7.3. The COMELEC may require national television and radio networks to
sponsor at least three (3) national debates among presidential candidates
and at least one (1) national debate among vice presidential candidates. The
debates among presidential candidates shall be scheduled on three (3)
different calendar days; the first debate shall be scheduled within the first
and second week of the campaign period; the second debate within the fifth
and sixth week of the campaign period; and the third debate shall be
scheduled within the tenth and eleventh week of the campaign period.

The sponsoring television or radio network may sell air-time for commercials
and advertisements to interested advertisers and sponsors. The COMELEC
shall promulgate rules and regulations for the holding of such debates.

7.4 THE COMELEC SHALL MAKE THE INFORMATION REGARDING
THE CANDIDATES’ POLITICAL SPENDING, CONTRACTS, AND
INVENTORY PUBLIC IN ALL COMELEC OFFICES AND THE USE OF
BOTH THE COMELEC WEBSITE AND THE DEPARTMENT OF


once eee drs

@~

INFORMATION AND COMMUNICATIONS TECHNOLOGY'S
ELECTRONIC FREEDOM OF INFORMATION WEBSITE.

SECTION 5. Implementing Rules and Regulations. - The Commission on
Elections, in consultation with the Department of Information and Communications
Technology, shall issue the necessary rules and regulations to implement this Act.

SECTION 6. 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 7. 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 8. 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 9. 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.

Approved,