Republic of the Philippines my
HOUSE OF REPRESENTATIVES N
Quezon City 5 RECEIVED A
IE DATE 14 JUL 2005 rH
TWENTIETH CONGRESS,

First Regular Session

HOUSE BILL No. 1821

INTRODUCED BY REP. MAXIMO JR. Y. DALOG

EXPLANATORY NOTE

This Bill seeks to regulate election propaganda through social media. It
aims to empower the COMELEC in monitoring partisan political activities,
preventing the spread of fake news and false information and enforcing
Republic Act No. 10175 otherwise known as the “Cybercrime Prevention Act of
2012”.

The enabling law which allows the Commission on Elections to supervise
or regulate election propaganda on different mediums and platforms, Republic
Act No. 9006, otherwise known as the “Fair Elections Act” was enacted more
than twenty years ago or on February 12, 2001 to be exact. When said law was
enacted, broadcast television, radio and print media or newspapers are the
dominant media for placement of political advertisements, candidate’s
qualifications and stand on public issues.

Today, however, social media is becoming one of the dominant platforms
for election propaganda and partisan political activities with the Philippines
having been labeled for several years as the “social media capital of the world.”
Accordingly, Filipinos spend an average of almost four hours on social media
each day.”? Alongside the constant increase in the number of account users of
social media, is the proliferation of fake news and misinformation through
legitimate online accounts, viogs or online trolls. In the recent 2025 elections
alone, the Commission on Elections “launched a task force to address fake

* Janvic Mateo, Philippines Still World’s Social Media Capital- Stud, The Philippine Star, February 3, 2018,
available at: https://iamalashley.com/2022/03/05/sacial-media-capital-of-the-world/ (last accessed: July 2,
2025).

id.



news, misinformation, and disinformation.”> Yet, despite the task force, the
Commission was not spared. Thus, the provisions of RA 9006 are wanting on
how the COMELEC can supervise or regulate social media to ensure a free,
orderly, honest, peaceful and credible elections.

It is thus imperative that this bill be approved.

*Rodolfo Dacleson II, Comelec Launches Task Force Against Fake News, Disinformation in 2025 Midterm
Elections, New 5, July 20, 2024, available at: https://news.tvS.com.ph/politics/read/comelec-launches-task-
force-against-fake-news-disinformation-in-2025-midterm-elections (last accessed: July 2, 2025)



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS,
First Regular Session

HOUSE BILL NO. 1821

INTRODUCED BY REP. MAXIMO JR. Y. DALOG

AN ACT PROVIDING FOR THE FAIR USE OF THE INTERNET AND
SOCIAL MEDIA FOR THE HOLDING OF FREE, ORDERLY, HONEST,
PEACEFUL AND CREDIBLE ELECTIONS

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

SECTION 1. Short Title. — This Act shall be known as the “Internet and
Social Media Regulation for Fair Elections Act.”

SEC. 2. Declaration of Policy. — The State shall, during the election
period, supervise and regulate the privileges granted under franchises or
permits for the operation of the internet and social media communication or
information to guarantee equal opportunity for public service, including access
to internet and social media time and space; the equitable right to reply, for
public information campaigns and for among candidates; and assure free,
orderly, honest, peaceful and credible elections.

The State shall ensure that candidates for any public office shall be free
from any form of online harassment and discrimination.

SEC. 3. Definition of Terms. — As used in this Act:

(a) Blog and collective blog refer to websites on which an individual or
group of users, respectively, record news, opinions, and information,
in varying degrees of regularity. A “micro-blog” refers to a blogging
format which allows users to exchange small elements of content —
referred to variously as posts, entries or status updates — such as


short sentences, individual images, or links to video material uploaded

to the Internet;

(b) Candidate refers to any person seeking an elective public office, who
has filed a certificate of candidacy, and who has not dies, withdrawn
the certificate of candidacy, nor the certificate of candidacy denied due
to course of cancelled, or has been otherwise disqualified before the
start of the campaign period for which the certificate of candidacy was
files: Provided, That unlawful act or omission applicable to a candidate
shall take effect only upon the start of the aforesaid campaign period.
It also refers to any registered national, regional, or sectoral party,
organization or coalition thereof that has filed a manifestation of intent
to participate under the party-list system, which has not withdrawn the
said manifestation, or which has not been disqualified before the start
of the campaign period;

(c) Contractors and business firms refer to persons, natural or juridical, or
firms to whom the electoral expenditure is paid or due for payment in
accordance with Section 112 of the Omnibus Election Code, including
media entities, media outlets, social media platforms, advertising
agencies, public relations firms and other intermediaries, event
organizers, talent endorsers and their managers, digital influencers,
and printing press for the purpose of entering into political
advertisement contracts;

(d) 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, and shall include any of the following:

(i) 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;

(ii) Creating on any social media platform, user groups or
community pages, for the purpose of conducting campaigns or
related partisan political activity;

(iii) 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 candidates;

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

(v) | Publishing, displaying or distributing campaign literature or
materials designed to support or oppose the election of any
candidate; or

(vi) Directly or indirectly soliciting votes, pledges or support for or
against any candidate.

(e) Electoral ads and electoral posts refer to advertisements and social
media posts that have for their primary purpose the promotion of the
victory or defeat of a candidate;


(f) E-rally refers to a rally under Article X of the Omnibus Election Code
which is conducted for online audiences;

(g) Livestreaming refers to the live broadcasting of an event over the
internet;

(h) Microtargeting refers to a form of targeting online advertisements that
uses recent technological developments to analyze a person's online
usage, to preferentially serve advertisements and other information
that specifically reflect that individual user's preferences and
personality;

(i) Online campaigning refers to the use of the internet to distribute
campaign propaganda. This includes text-only posts on social media,
pictures, audio clips, and video clips, regardless of duration, an all
combinations of such formats;

(j) Party refers to either a political party, whether national or sectoral
party, or a coalition of parties, and party-list organizations duly
registered/accredited with the Commission on Elections (COMELEC);

(k) Political advertisement or election propaganda refers to any matter
broadcasted, published, printed, displayed or exhibited, in any
medium, which contains the name, image, logo, brand, insignia,
initials, and other symbol or graphic representation that is capable of
being associated with a candidate, and is exclusively intended to draw
the attention of the public or a segment thereof to promote or oppose,
directly or indirectly, the election of the said candidate or candidates
to a public office. In broadcast media, political advertisements may
take the form of spots, appearances on television shows and radio
programs, live or taped announcements, teasers, and other forms of
advertising messages or announcements, statements, declarations,
or information graphics, appearing on any internet website, social
network, blogging site, and micro-blogging site, which — when taken
as whole — has for its principal object the endorsement of a candidate
only, or which were posted in return for consideration or are otherwise
capable of pecuniary estimation;

Social media refers to the collective of online communication

channels, including websites and applications that enable users to

create and share content, collaborate, and interact with each other.

For purposes of this Act, video sharing sites which allow users to post

comments on individual entries shall be considered as failing within

the broad category of “social media”;

(m) Social media account refers to a user's personalized access to a
social networking site or application, typically using a username and
password combination. A social media account allows a user to
interact with other users on the same social networking site;

(n) Social media associates refer to contractors whose primary duty is to
promote the election or defeat of any candidate through social media
interactions and engagement; and

(


(0) Social media post refers to any text, audio, or graphic content — or any
combination thereof — published online using a social media account.

SEC. 4. Use of the Internet and Social Media as Lawful Election
Propaganda. — Election propaganda on the internet and the social media are
hereby allowed for all candidates seeking national and local elective positions,
subject to the limitation on authorized expenses of candidates and parties,
observation of truth in advertising, and to the supervision and regulation by the
COMELEC.

Social media posts, regardless of format, whether original or re-posted
from some source, which may either be incidental to the poster's advocacies of
social issues or which may have, for its primary purpose, the endorsement of a
candidate only including paid advertisements in internet subject to the
requirements set forth in Section 5 hereof and the Fair Elections Act shall also
be allowed.

SEC. 5. Requirements and/or Limitations on the Use of Election
Propaganda through Internet and Social Media. — The use of the internet
and social media for purposes of election propaganda shall be allowed subject
to the following limitations:

(a) Each registered political party/coalitions and candidate shall register
with the Education and Information Department (EID) of the
COMELEC, the website name and web address of all platform-verified
official accounts, websites, blogs and/or other social media pages of
such political party or candidate within thirty (30) days from the last
day of the period for the filing of the Certificates of Candidacy.
Websites completing the verification process after the said period and
other social media accounts established after the said period must be
registered with the COMELEC-EID within five (5) days from its
verification or registration;

(b)Any other website, blog, or social media page not registered above
but which, when taken as a whole, has its primary purpose the
endorsement of a candidate, whether or not directly maintained or
administered by the candidate of their official campaign
representatives, shall be considered additional official websites, blogs
or social media pages of the said candidates, for all regulatory
purposes;

(c) Only verified accounts, websites, blogs, and/or social media pages
may run electoral ads, and boost or promote electoral posts;

(d) Microtargeting of electoral ads shall not be allowed: Provided, That
electoral ads can be targeted using only the following criteria:
geographical location, except radius around a specific location; age;
and gender: Provided, further, That contextual targeting options may
also be used in combination with the above-mentioned criteria:


Provided, finally, That processing of personal data should comply with
the provisions of Republic Act No. 10173 or the Data Privacy Act of
2012, its Implementing Rules and Regulations and related issuances
of the National Privacy Commission;

(e) Information contained in online campaign propaganda shall be truthful
and not misleading, nor shall it tend to unjustifiably cast doubt on the
integrity of the electoral process; and

(f) All electoral ads must show a disclosure that identifies who paid for
the ad. All electoral posts must show a disclosure that identifies it as
a paid electoral ad, and discloses who paid for the ad.

SEC. 6. Regulation Propaganda through Internet and Social Media.
— In all instances, the COMELEC shall supervise the use and employment of
online facilities insofar as the placement of political advertisement is concerned,
to ensure that candidates are given equal opportunity under equal
circumstances to make known their qualifications and their stand on public
issues, within the limits set forth in the Omnibus Election Code, the Fair Election
Act, and appropriate rules.

SEC. 7. E-rallies and Livestreams Allowed. — Any political party or
candidate, individually or jointly with other aspirants, may hold peaceful online
political meetings, rallies or other similar activities during the campaign period.
Such online political meetings, rallies, and similar activities are not covered by
the limitation on broadcast advertising.

Live streaming on the candidates’ social media platforms shall be
considered a form of e-rally, subject to the following rules:

(a)All e-rallies shall include a disclosure that identifies it as a political
meeting or rally and providing the relevant date, time, and location
information. For this purpose, a live stream on the candidate’s social
media platform shall be considered a political meeting or rally;

(b) Recordings of e-rallies shall be submitted to the COMELEC within 72
hours from the airing of the same; and

(c) Candidates may receive in-platform gifts and game currency but shall
not be allowed to give gifts to livestream audiences, nor to run
promotions and campaigns that will award in-platform gifts or games
currency to platform users and livestream audiences.

SEC. 8. Prohibition on the Regulation of Legitimate Expressions by
Private Individuals. - The COMELEC is hereby mandated to regulate
expressions of candidates and political parties but shall not in any manner
include legitimate expressions of candidates and political parties but shall not
in any manner include legitimate expressions by private citizens.


Public expressions or opinions or discussions of probable issues in an
election or on attributes of or criticisms against candidates shall not be
construed as part of any election campaign or partisan political activity.

SEC. 9. Reporting Requirements to be Submitted by Contractors
and Business Firms. — Certified true copies of all contracts, reports and
receipts, and other documents, accompanied by all its digitization copies, shall
be submitted by contractors and business firms to the COMELEC.

Every content creator of a post, owner, or administrator of any website
who airs or shows the political advertisements, without required data or having
false information, in violation of this Act shall be criminally liable with the
candidate under Sec. 264 of the Omnibus Election Code and, if applicable,
suffer the penalties of suspension or revocation of franchise or permit in
accordance with law.

Within thirty (30) days after the conduct of the election every person or
firm to whom any payment for electoral expenditure has been made shall file a
written report using the prescribed form which shall contain the following
information, and accompanied with the official receipts issued to the person with
whom the contractor or business firm had transacted:

The full name of the candidate who incurred such expenditure;
The nature or purpose of each expenditure;

The description of the goods or services provided by the contractor
or business firm;

iv. The date when the expenses were incurred;

v. The amount or cost thereof; and

vi. The serial number of the official receipt, cash invoice, or other
Bureau of Internal Revenue-approved document issued.

Reportorial requirements shall apply to all contractors and business firms
transacting or doing business in the Philippines, whether or not incorporated
under the Philippine laws.

Social media associates, including paid digital influencers and online
content creators, who use social media platforms to promote or defeat the
election of any candidate, are considered individual contractors subject to
reportorial requirements under this Act.

Agencies and other intermediaries between the entities producing and
placing online political advertisement and the candidate, political party, or party-
list group shall also submit a similar report.

Within the period provided by law, internet companies which include
social media companies, transacting or doing business in the Philippines,


whether or not incorporated under the Philippine laws, which a candidate or
party utilize to directly reach out to voters and mobilize support through the use
of ads, paid promoted hashtags/trends, shall provide the COMELEC of the
information or documents containing the following:

i. The name of the candidate or party in the advertisement;

ii. The name of the person or advertising agency/public relations firm
who paid the advertisement;

iii. Page Name or Account Name of Handle where the advertisement
was posted, originated, or uploaded;

iv. The particulars of the political advertisement; and

v. The amount or cost of the advertisement.

SEC. 10. Election Offense. — Any violation of the provisions of this Act
shall constitute an election offense punishable under the first and second
paragraph of Section 263 of Batas Pambansa Blg. 881, otherwise known as the
Omnibus Election Code of the Philippines, and other pertinent laws, rules and
regulations, whenever applicable. The COMELEC shall, through its duly
authorized legal officers, have the power, concurrent with other prosecuting
arms of the government, to conduct preliminary investigation of all election
offenses and prosecute the same.

SEC. 11. Right of Reply. — Any candidate or person accused of violating
any provisions of this Act shall be given the right of reply.

SEC. 12. Authority of the COMELEC to Promulgate Rules. — The
COMELEC shall promulgate and furnish all political parties and candidates and
all concerned entities the rules and regulations for the implementation of this
Act, consistent with the criteria established in Article IX-C, Section 4 of the
Constitution and Section 86 of the Omnibus Election Code.

Rules and regulations promulgated by the COMELEC under and by
authority of this Section shall take effect on the seventh day after their
publication in at least two (2) 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 internet and social media.

SEC. 13. Separability Clause. - \n case any provision of this Act is
declared invalid or unconstitutional, such declaration shall have no effect in the
validity or constitutionality of the remaining provisions hereof.

SEC. 14. Repealing Clause. — All laws, decrees, rules and regulations
inconsistent with the provisions of this Act are hereby repealed or amended
accordingly.


SEC. 15. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,