Online Advertising & the Omnibus Election Code

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.

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.

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. :)

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? :)

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.

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 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.