Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

House itt no. 2820

Introduced by: Rep. Keith Micah “Atty. Mike” D.L. Tan

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

EXPLANATORY NOTE

Republic Act No. 9006, otherwise known as the “Fair Elections Act” provides for the holding
of free, orderly, honest, peaceful and credible elections through fair election practices.

It allows for the publication or broadcast of political advertisements or propaganda for or
against any candidate or political party and provides in Section 3 that election propaganda, whether
on television, cable television, radio, newspapers or any other medium shall be subject to the
supervision and regulation of the Commission on Elections (COMELEC).

Under Section 6.4 of the Fair Elections Act, COMELEC is directed to supervise in all instances
the use and employment of press, radio and television broadcasting facilities insofar as the
placement of political advertisements is concerned so as to give candidates equal opportunity
under equal circumstances to make known their qualifications and stand on public issues within the
limits set forth in the Omnibus Election Code or Batas Pambansa Blg. 881 and Republic Act No.
71661.

During the recently concluded national and local elections, COMELEC defended its
Resolution No. 10730 that requires candidates to only use platform-verified social media pages to
mount online ads and other materials despite uproar among some aspirants,

In response, COMELEC explained that it merely wanted to make sure that there is
accountability for the information that candidates provide and to ensure that the public have a
credible source they can trust so that they will be able to differentiate between fake news and real
news.

‘The COMELEC has since been looking to regulate the online space in view of the pivotal role
the social media has played in the success of some candidates in the May 9, 2022 elections.

In this light, this bill, which seeks to regulate the use of the internet and the social media as
a lawful election propaganda, aims to empower the COMELEC in the monitoring of partisan political
activities; help the authorities prove, prosecute and enforce the "Cybercrime Prevention Act of



2012" (Republic Act No. 10175); enable the public to fight the proliferation of online trolls during
the election season; and properly compute campaign expenses.

Hence, the approval of this bill is earnestly sought.

Keith Micah “Atty. Mike” D.L. Tan
4th District, Quezon


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

~, 2820

HOUSE BILL NO.

Introduced by: Rep. Keith Micah “Atty. Mike” D.L. Tan

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 Philippine Congress assembled:

SECTION 1. 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 or
regulate the enjoyment or utilization of all franchises or permits for the operation of the internet
and social media communication or information to guarantee or ensure equal opportunity for
public service, including access to internet and social media time and space, and the equitable right
to reply, for public information campaigns and fora among candidates and assure free, orderly,
honest, peaceful and credible elections.

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

SEC. 3. Definition of Terms. - Whenever used in this Act, the following terms shall have the
respective meanings as set forth hereafter.

(a) Blog and collective biog 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 his or her
certificate of candidacy, and who has not died, withdrawn his or her certificate of
candidacy, had his or her certificate of candidacy denied due course or cancelled, or has
been otherwise disqualified before the start of the campaign period for which he or she
filed his certificate of candidacy. Provided, that, unlawful acts or omissions 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;

(©) Contractors and business firms refer to any person, natural or juridical, or firm to whom
any electoral expenditure is made in accordance with Section 112 of the Omnibus
Election Code, including but not limited, to media entities, media outlets, internet and
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. “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;

(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 candidate;

{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.

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 an official
candidate;

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

() Livestreaming refers 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, and all combinations of such formats;

(i) 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 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

{e


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 used by commercial advertisers. Political
advertising includes endorsements, statements, declarations, or information graphics,
appearing on any internet website, social network, blogging site, and micro-blogging
site, which ~ when taken as a 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;

(I) 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 falling 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 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 bona fide 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 Commission on Election (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 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 for its primary purpose the endorsement of a candidate, whether



or not directly maintained or administered by the candidate or their official campaign
representatives, shall be considered additional official websites, blogs or social media
pages of the said candidate, 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;

(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;

(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 of Election 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 advertisements 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 any 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 limitations 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 platforms 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 game currency to platform users and livestream audiences subject to
the provisions of Sections 98 and 99 of Batas Pambansa Bilang 881 or the Omnibus
Election Code of the Philippines.

‘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 by private citizens.


Public expressions or opinions or discussions of probable issues in an election or on
attributes of or criticisms against probable 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 the 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, further 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
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 receipt issued to the
person with whom the contractor or business firm had transacted:

The full name of the candidate who incurred such expenditures;

The nature or purpose of each expenditure;

The description of the goods or services provided by the contractor or business firm;
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 BIR-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 who are subject to reportorial requirements under this Act.

Agencies and other intermediaries between the entities producing and placing online
Political advertisements 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;
ji, The name of the person or advertising agency/public relations firm who
paid the advertisement;


iii. Page Name or Account Name or 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 264 of the Omnibus
Election Code (Batas Pambansa Blg. 881) 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. 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 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. 12. Separability Clause. - In 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. 13. Repealing Clause. —All laws, decrees, rules and regulations inconsistent with the

provisions of this Act are hereby repealed or am ended accordingly.

SEC. 14. Effectivity. - This Act shall take effect fifteen (15) days after publication in the
Official Gazette or in a newspaper of general circulation.

Approved,