I’m no Election Law expert nor am I a lawyer trying to explain some mumbo-jumbo about the Omnibus Election Code. However, I’d like to start some discussions about online or internet advertising in relation to the upcoming May 2007 elections (looks like I’m into this election lately).
First, Internet Advertising. I quickly glanced at the Omnibus Election Code of the Philippines and there wasn’t a section about campaigning thru the internet nor any provisions which monitors advertising online. There are specific sections on equalizing air-time among candidates on TV and radio but still none for the internet. (A side note: Will blogs and news site be the new target for these type of online campaigns?)
Second, Text Message Campaigns. SMS is huge and there hasn’t been any provision to control or monitor campaigns thru mobile phones. I heard the NTC is going to move to make some necessary adjustments for this. I’m already annoyed at the amount of text spam and alerts I’m getting. I sure hell don’t want any more “vote me” messages in my Inbox.
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What a relief to locate a blog post that’s finally really worth reading through! I’ve been seeking about about this topic yet folks just set trash posts, or small unreadable posts. I have viewed a couple vids on youtube but it is now the same as reading through a good article. Great job! Sorry for my crooked english.
For your perusal of a perfect example of premature online campaigning, please go here: http://uplbeenos.multiply.com and look for the username “bayanibffernando” posting on the guest book.
We really need to look at this issue thoroughly before some wise-a** candidate spams the Internet (yes, “spam”, for a lack of a better word).
This was a subject of my thesis at Ateneo Law in 2004 (which the Thesis Department, then dismissed as being too futuristic). As early as then, I was pissed off being bombarded with email spams which campaign for a particular senatorial candidate, which prompted me to do the thesis.
Anyway based on my study, internet campaignign may be allowed although it is not specifically mentioned as an election propaganda. The recent issuance with regard to election campaign is the Fair Elections Act (RA 9001) Despite having been enacted in 2001, the same still does not contain any provision with regard to the use of internet in election campaign. The sad thing is, while they may be allowed, there are no specific regulation to curtail possible abuses (unlike for example, broadcast and print media), at least inso far as election laws are concerned. I am saying this, because an aggrieved internet or email user, may challenge email spamming using the Civil law provisions on privacy. But the provision is very general and it might be a long shot.
Recently, I inquired from the Law Department of the COMELEC with regard to internet campaigning, again they don’t have a clue about this.
With regard to SMS, there is a general memorandum circular issued by the NTC in 2005 against text spamming. In fact, in recent resolutions, Globe, Smart and some content providers have been penalized for sending unsolicited messages. Unfortunately, the fines imposed are so insignificant as compared to what these telcos and content providers are getting, which reduces the said memo into a paper tiger. Nonetheless, the memo circular maybe applicable to the use of SMS in the election campaign.
This is just one of the things that reflect how outdated some of our laws are. Like our Labor Code, for example. We just can’t keep pace with the times.
Last 2004, I noticed a lot of websites of politicians being bannered left and right. But right after decisions were released, poof! They’re all gone.
Hey, the blogosphere would defnitely be a potential venue for advertising. Or we could expect more “spin blogs” dedicated to pimping a party or a candidate.
Yup, that’s true. I’ve done a significant amount of research on it. Like I say, where there’s no regulation, there is bastardization. :)
I missed the blog parteeh. Henewi… glad to know hindi violation ang gagawin ng SIKAP na mangampanya online (website and blog!). visit: www.sikappartylist.blogspot.com
On Internet Advertising, again, unless government, politicians and nations key leaders see the value of the Internet in the course of coming election, rule remains the same. I still think they see internet, specially blogging as a fad.
On SMS, i think it is more of permission-based marketing and they’ll violate privacy if they just spam away. And who the hell will give his permission to receive annoying campaign messages in his cell? :)
Most politicians are clueless anyway. Those who do make inept forays into online advertising will just get a blogosphere thrashing. ;)
Well, kahit naman kasi gamitin ng mga candidates yung txt messaging as a new medium for their campaigns, may danger din yun. Basic principle ng direct marketing na dapat hindi mo ma-iinvade yung private space ng isang consumer (or in this case, voter) kasi lalo lang siya hindi matutuwa sa ginagawa mo.
This is the very main reason why e-mail SPAMMING as a form of marketing does not work. Same effect din lang yan sa txt messages. Any candidate who is crazy enough to use sms will face the risk of having his campaigns back fire at him.
Sadly, there is no guiding policy on political advertising online. I heard though that the IMMAP is trying to do something about it. :)
We could always include the word “vote” in our comments black list, hehehe
It’s not surprising that the Election code does not include provision specifically governing online advertising, you know how our politicians and government is, they’re just not that tech-savvy yet. :D
I believe there should be a clause on print advertising. While blogging is technically a grey area I believe rules involving print advertising could apply to it.
I think candidates will target the blogosphere this time or put up their own blog.
I don’t want to get spam comments on my blog with the word VOTE! hehe, maybe they’ll do that.