Lawful and Prohibited Election Propaganda | Campaign | ELECTION LAW

Election Law: Campaign > Lawful and Prohibited Election Propaganda

I. Legal Framework Governing Election Propaganda

Election propaganda in the Philippines is primarily governed by the Omnibus Election Code (Batas Pambansa Blg. 881) and supplemented by regulations and resolutions issued by the Commission on Elections (COMELEC). The pertinent laws and regulations aim to balance the need for candidates to reach the electorate while preventing abuse, excessive spending, and unethical practices. The core principles revolve around the promotion of clean, fair, and honest elections.

II. Definition of Election Propaganda

Under the Omnibus Election Code, election propaganda refers to any act designed to promote the election or defeat of a particular candidate or group of candidates to public office. This includes materials, media use, rallies, advertisements, speeches, and other methods aimed at swaying voters’ opinions.

III. Lawful Election Propaganda

Section 82 of the Omnibus Election Code and COMELEC Resolution No. 10730 (Rules and Regulations Implementing the Fair Elections Act) define and enumerate the lawful forms of election propaganda, including:

1. Printed Materials:

   • Posters, leaflets, stickers, and streamers are allowed, provided they follow prescribed sizes and placements.
     • Posters should not exceed 2 feet by 3 feet in size.
     • Streamers are allowed only for public meetings or rallies and should not exceed 3 feet by 8 feet in size. They may be displayed for a maximum of five days before the event and must be taken down within 24 hours after.
   • Materials must be placed only in common poster areas designated by the COMELEC or in private properties with the owner's consent.

2. Broadcast Media:

   • Radio and television ads are allowed during the official campaign period, but their airtime is limited to:
     • For national candidates: 120 minutes per TV station and 180 minutes per radio station.
     • For local candidates: 60 minutes per TV station and 90 minutes per radio station.
   • All media advertisements must bear the true identity of the candidate or political party.

3. Print Media:

   • Election propaganda in print, such as newspapers, magazines, or any publication, must not exceed 1/4 page for broadsheets and 1/2 page for tabloids.
   • Frequency limits: 3 times a week per newspaper, magazine, or other publication.

4. Online Campaigning:

   • Lawful online campaigning includes the use of social media platforms, websites, and blogs, provided that all paid political advertisements are reported to the COMELEC.
   • Each candidate or party must register their official campaign websites and social media accounts with the COMELEC.
   • Limits on paid online advertisements should follow the cost limitations set for traditional media.

5. Campaign Paraphernalia on Private Property:

   • Election propaganda can be displayed on private property with the consent of the owner, provided the materials comply with the size and content restrictions set by the COMELEC.

6. Public Meetings and Rallies:

   • Candidates are allowed to hold public rallies and meetings. However, permits must be secured from the local government at least five days before the rally.
   • All candidates are entitled to equal access to public venues for campaign purposes.

IV. Prohibited Election Propaganda

Several forms of election propaganda are expressly prohibited under the Omnibus Election Code and COMELEC regulations. These include:

1. Posting Outside Designated Areas:

   • Posting campaign materials in public places such as government offices, schools, and public utility structures (including waiting sheds, sidewalks, street lights, and electric posts) is prohibited.
   • Posters and other materials must not be placed outside common poster areas designated by COMELEC or in areas not authorized by private property owners.

2. Oversized Posters:

   • Any poster or campaign material exceeding the size limits set by the COMELEC (i.e., 2 x 3 feet for posters and 3 x 8 feet for streamers) is considered illegal.

3. Prohibited Media Practices:

   • Paid advertisements in media outside the allowable airtime and space limits are prohibited.
   • Political endorsements disguised as regular news reports or journalistic content (sometimes known as "advertorials") are forbidden.
   • Foreign donations for paid advertisements are also prohibited, as foreign intervention in electioneering is illegal under the Constitution.

4. Using Public Funds:

   • Section 261 of the Omnibus Election Code prohibits candidates and political parties from using public funds, vehicles, facilities, or equipment for election propaganda or campaigning purposes.

5. Vote-Buying:

   • Offering money, goods, or services in exchange for votes is strictly prohibited. This includes giving any form of material benefit to induce or coerce voters.

6. Campaigning Outside the Official Period:

   • Campaigning is prohibited outside the designated official campaign period. Early campaigning is considered an election offense, punishable under COMELEC rules. The campaign period officially begins 90 days before the election for national candidates and 45 days before the election for local candidates.

7. Prohibited Use of Government Resources:

   • It is unlawful to use government employees, offices, and facilities for campaign activities. This includes using government social media platforms, vehicles, or other publicly funded resources for electioneering.

8. Disallowed Campaigning in Certain Areas:

   • Section 5 of COMELEC Resolution No. 10730 prohibits the placement of campaign materials in religious institutions and places of worship.
   • Electioneering within polling places and their surrounding 50-meter radius is prohibited on election day.

9. Prohibition on Electioneering by Public Officials and Employees:

   • Public officials and employees, including members of the Armed Forces and police officers, are prohibited from engaging in any partisan political activity, as stipulated under Section 261 (i) of the Omnibus Election Code.

10. False or Misleading Propaganda:

    • Any election propaganda that misrepresents facts, promotes slander, or discredits the opponents using malicious falsehoods is strictly prohibited.

11. Use of Threats or Intimidation:

    • Any form of coercion, intimidation, or violence aimed at influencing the outcome of the election or discouraging people from voting is illegal under Section 261 (d) of the Omnibus Election Code.

V. COMELEC’s Role in Regulation and Enforcement

The COMELEC plays a central role in ensuring compliance with election laws on propaganda. Its primary functions include:

1. Designation of Common Poster Areas:

   • The COMELEC, in coordination with local government units, designates common poster areas where candidates can lawfully post their campaign materials.

2. Monitoring and Surveillance:

   • The COMELEC monitors media and campaign activities to ensure compliance with limits on airtime, print space, and online advertisements.
   • It may establish COMELEC monitoring teams to investigate and file complaints against candidates violating the rules on propaganda.

3. Enforcement and Penalties:

   • Violations of election propaganda rules can result in serious penalties, including disqualification from running for office, criminal prosecution, and fines.
   • The COMELEC has the authority to issue takedown orders for illegal propaganda materials and to cancel the airing of unauthorized ads.

VI. Conclusion

The regulation of election propaganda under Philippine law aims to create a level playing field in the electoral process while preventing undue influence, overspending, and unfair practices. Candidates must adhere to specific guidelines on the size, content, and placement of campaign materials, and avoid prohibited forms of electioneering, such as vote-buying, early campaigning, and misuse of public resources. The COMELEC is tasked with enforcing these laws to ensure the integrity and fairness of elections in the country.