Title
Fair Election Act
Law
Republic Act No. 9006
Decision Date
Feb 12, 2001
The Fair Election Act is a Philippine law that regulates election propaganda, surveys, and media access to ensure fair and transparent elections by providing equal opportunities for candidates and political parties to reach voters and ensuring accurate information for the public.
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Declaration of Principles

  • The State supervises the use of media franchises during elections to guarantee equal opportunities and equitable media access among candidates.
  • Candidates must be free from harassment and discrimination.

Lawful Election Propaganda

  • Election propaganda is allowed for registered political parties, party-list organizations, and bona fide candidates within authorized expense limits.
  • Types of lawful propaganda include pamphlets, letters, posters (with size limits), paid ads in media, and other lawful formats.

Requirements for Published and Broadcast Propaganda

  • All political advertisements must be identified as such and disclose the benefitting candidate or party and sponsor details.
  • Free broadcasts must indicate the provider of free airtime.
  • Donated advertisements require written acceptance by the candidate or party and submission to COMELEC.

Election Surveys

  • Surveys measure voter opinions on candidates or issues and must disclose detailed methodology and sponsoring entities.
  • Raw survey data must be accessible to COMELEC and authorized entities.
  • Publishing surveys is restricted close to election day (15 days for national, 7 days for local).
  • Exit polls have defined conduct rules and can only be published after polls close.

Equal Access to Media Time and Space

  • All candidates and parties have equal media access with limits on print ad sizes and broadcast time (varies by national/local office).
  • Media entities must submit advertising contracts and logs to COMELEC.
  • No issuance, suspension, or cancellation of media franchises is permitted during elections.
  • Media must remain impartial and truthful, with rules about media personnel involved in campaigns.
  • Films portraying candidates are banned during campaigns.

Affirmative Actions by COMELEC

  • COMELEC secures compensated print space and free airtime on national media for candidates at set intervals.
  • COMELEC may require networks to sponsor debates among presidential and vice-presidential candidates.

COMELEC Media Space and Time

  • COMELEC procures media space and air time in provinces or cities for election-related public information.

Posting of Campaign Materials

  • COMELEC can authorize common poster areas for parties and independent candidates with size and location limits.
  • Posting on private property requires owner consent; public posting must be equitable among candidates.

Right to Reply

  • Candidates and parties have the right to reply to charges made against them, with equal publicity given by media.

Rates for Political Propaganda

  • Media must charge discounted rates for political advertisements during elections (30% TV, 20% radio, 10% print).

Substitution of Candidates

  • Votes for substitutes after ballots are printed count as stray votes unless substitute shares the same surname.
  • Ballots provide space to write substitute names.

COMELEC Authority and Election Offenses

  • COMELEC promulgates implementing rules consistent with the Constitution and Election Code.
  • Rules take effect seven days after publication in newspapers.
  • Violations constitute election offenses with prescribed penalties under the Election Code.

Repealing Clause

  • Relevant sections of the Omnibus Election Code and earlier laws are repealed or rendered ineffective to avoid conflict with this Act.

Separability Clause

  • Invalid provisions do not affect the remainder of the law.

Effectivity

  • The law takes effect immediately upon approval.

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