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KBP appeals to COMELEC election campaign rules reconsideration

MANILA, JANUARY 25, 2013 – The Kapisanan ng mga Brodkaster ng Pilipinas (KBP) filed a motion for reconsideration with the Commission on Elections (COMELEC) Thursday, January 24, appealing to the poll body to review the provisions of Resolution No. 9615, which was promulgated January 15. 

 
The controversial resolution was set in place to govern the use of mass media during the election campaign. The KBP asked the COMELEC to conduct a public hearing to resolve the issues arising from the Resolution.   The motion filing was filed by KBP officers led by its president Herman Z. Basbano and its chairman, Ruperto S. Nicdao Jr.
 
The issues raised by the KBP centers on the unconstitutionality of Section 9, which requires prior approval of the COMELEC for appearances of candidates in bona fide news programs. According to a statement by the KBP, this requirement restrains the exercise of freedom of expression and of the press and deprives the public its right to be fully informed on the issues of the election. 
 
The broadcasters’ group also pointed out the COMELEC resolution that expands or amends the law and imposes criminal liability on broadcasters for acts of third parties that are beyond their control. Referring to Section 7(g) of the Resolution, which sets the provision to penalize broadcast stations, possibly with loss of franchise for airing political advertisements that exceed a candidate’s limit even if the station has no way to aggregate the total of political advertising placed by candidates in other stations.
 
The new COMELEC rules are unfair to candidates by making them liable for actions they have not authorized or are beyond their control, the KBP said in a statement. This provision frowns upon acts such as the airing of the image of a candidate, or the mention of his name, or the showing of any object that could be identified with the candidate are actions which can be counted as part of his/her political advertisement, even if the candidate has not authorized such airing or mention.
 
Another thing which could be out of control for some broadcasters is the local broadcasting which effectively limits the amount of advertising time that the candidates may use in their campaigns. According to the KBP, broadcast stations are organized into local service areas that have their own peculiarities and differences such as language and dialects. By defining the 180 minutes for radio and 120 minutes for television as an aggregate for all stations, the COMELEC is, in effect, depriving candidates of the opportunity to use local stations to address voters in these areas since the airtime allowed is not enough.
 
 
 

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