'Comelec can't regulate online campaigning'

MANILA, Philippines - The Commission on Elections (Comelec) has no jurisdiction to regulate political campaigns over the Internet and social networking sites.

Comelec spokesman James Jimenez said the provisions of the Fair Election Act or any law governing the conduct of elections do not cover cyberspace.

“For now, we still do not regulate campaigns done on the Internet and it is still very difficult for us to police that. So if people put up heir pages on Facebook, that basically falls outside our radar for now,” he said.

Jimenez made the statement following allegations that the Comelec is powerless in controlling the campaign method by some candidates, particularly in the conduct of the upcoming barangay and Sangguniang Kabataan (SK) elections on Oct. 25.

Jimenez pointed out that Comelec was not able to control the campaigning of some candidates using the Internet during the May 10 general elections.

He said since candidates hardly spend for cyberspace campaigning, the provisions of the Fair Election Act limiting the campaign spending of a candidate by P3 per voter could not apply.

“In Facebook itself, you have zero cost, practically except to those who may maintain a site. If you go professional on that (you may spend) but otherwise, the cost per voter is zero,” Jimenez said.

Comelec warned candidates to observe the restrictions in campaigning, particularly the sizes of campaign materials and the display of posters outside the designated common poster areas.

The 10-day campaign period for the barangay and SK elections started last Thursday and would last until Oct. 23.

Comelec warned that violations constitute an election offense under the Fair Elections Act (Republic Act 9006), punishable with one to six years imprisonment, removal of rights to vote and disqualification from public office.

At the same time, Comelec urged the Department of Justice (DOJ) to assign one prosecutor per region to help in assessing election cases for the Oct. 25 elections. The Comelec, under Resolution No. 9057, is tasked to investigate and, “where appropriate, prosecute cases of violation of election laws.”

Comelec, however, claimed this task is “hampered” by lack of lawyers in the commission.

Invoking Section 265 of the Omnibus Election Code, the Comelec said it could avail of “assistance of other prosecuting arms of the government” like the DOJ.

Under the resolution, Comelec wants a DOJ lawyer to be part of the Comelec-DOJ Special Task Force to be formed per region.

The task force shall assist the Comelec’s regional election director, provincial election supervisor and election officer in conducting preliminary investigation and to prosecute election offense cases.

The Comelec added the Philippine National Police (PNP) is also tasked to help the task force in submitting all the necessary documents and evidence for prosecution of election offenses. – With Aurea Calica, Rhodina Villanueva