Comments on: Online Advertising & the Omnibus Election Code http://www.yugatech.com/blog/the-internet/online-advertising-the-omnibus-election-code/ Philippines, Technology News & Reviews Sat, 06 Sep 2008 06:02:55 +0000 http://wordpress.org/?v=2.6.1 By: JLS http://www.yugatech.com/blog/the-internet/online-advertising-the-omnibus-election-code/#comment-131777 JLS Thu, 22 Feb 2007 03:06:55 +0000 http://www.yugatech.com/blog/?p=1597#comment-131777 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 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.

]]> By: Alex http://www.yugatech.com/blog/the-internet/online-advertising-the-omnibus-election-code/#comment-129213 Alex Mon, 05 Feb 2007 09:02:50 +0000 http://www.yugatech.com/blog/?p=1597#comment-129213 This is just one of the things that reflect how outdated some of our laws are. Like our <a href="http://alexmaximo.com/2006/08/it-just-got-too-old/" rel="nofollow">Labor Code</a>, 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. 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.

]]> By: Standard Web Standards» Blog Archive » iTech 2007 · Building the web, the standards way! CSS, XHTML, Accessibility, Usability, AJAX, Web 2.0, Adobe http://www.yugatech.com/blog/the-internet/online-advertising-the-omnibus-election-code/#comment-123807 Standard Web Standards» Blog Archive » iTech 2007 · Building the web, the standards way! CSS, XHTML, Accessibility, Usability, AJAX, Web 2.0, Adobe Tue, 30 Jan 2007 10:52:10 +0000 http://www.yugatech.com/blog/?p=1597#comment-123807 [...] picked up a thing on two and realize the potential of IT in this year’s elections. Like Abe said in his blog, there is little  or no regulation on this wide-open field.  Like I say, where there is no [...] [...] picked up a thing on two and realize the potential of IT in this year’s elections. Like Abe said in his blog, there is little  or no regulation on this wide-open field.  Like I say, where there is no [...]

]]> By: Regnard http://www.yugatech.com/blog/the-internet/online-advertising-the-omnibus-election-code/#comment-123756 Regnard Tue, 30 Jan 2007 09:14:11 +0000 http://www.yugatech.com/blog/?p=1597#comment-123756 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. :) 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. :)

]]> By: ZYMM http://www.yugatech.com/blog/the-internet/online-advertising-the-omnibus-election-code/#comment-123430 ZYMM Tue, 30 Jan 2007 00:17:22 +0000 http://www.yugatech.com/blog/?p=1597#comment-123430 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 I missed the blog parteeh. Henewi… glad to know hindi violation ang gagawin ng SIKAP na mangampanya online (website and blog!). visit: http://www.sikappartylist.blogspot.com

]]> By: Jazzy http://www.yugatech.com/blog/the-internet/online-advertising-the-omnibus-election-code/#comment-123246 Jazzy Mon, 29 Jan 2007 18:06:47 +0000 http://www.yugatech.com/blog/?p=1597#comment-123246 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? :) 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? :)

]]> By: Mike Abundo http://www.yugatech.com/blog/the-internet/online-advertising-the-omnibus-election-code/#comment-123009 Mike Abundo Mon, 29 Jan 2007 13:26:42 +0000 http://www.yugatech.com/blog/?p=1597#comment-123009 Most politicians are clueless anyway. Those who do make inept forays into online advertising will just get a blogosphere thrashing. ;) Most politicians are clueless anyway. Those who do make inept forays into online advertising will just get a blogosphere thrashing. ;)

]]> By: The Chad http://www.yugatech.com/blog/the-internet/online-advertising-the-omnibus-election-code/#comment-122962 The Chad Mon, 29 Jan 2007 12:06:08 +0000 http://www.yugatech.com/blog/?p=1597#comment-122962 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. 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.

]]> By: Aileen Apolo http://www.yugatech.com/blog/the-internet/online-advertising-the-omnibus-election-code/#comment-122947 Aileen Apolo Mon, 29 Jan 2007 11:32:56 +0000 http://www.yugatech.com/blog/?p=1597#comment-122947 Sadly, there is no guiding policy on political advertising online. I heard though that the IMMAP is trying to do something about it. :) Sadly, there is no guiding policy on political advertising online. I heard though that the IMMAP is trying to do something about it. :)

]]> By: jhay http://www.yugatech.com/blog/the-internet/online-advertising-the-omnibus-election-code/#comment-122898 jhay Mon, 29 Jan 2007 10:32:22 +0000 http://www.yugatech.com/blog/?p=1597#comment-122898 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 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

]]> By: hip2b2 http://www.yugatech.com/blog/the-internet/online-advertising-the-omnibus-election-code/#comment-122848 hip2b2 Mon, 29 Jan 2007 07:56:06 +0000 http://www.yugatech.com/blog/?p=1597#comment-122848 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 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.

]]> By: Carlo http://www.yugatech.com/blog/the-internet/online-advertising-the-omnibus-election-code/#comment-122766 Carlo Mon, 29 Jan 2007 06:19:20 +0000 http://www.yugatech.com/blog/?p=1597#comment-122766 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. 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.

]]> By: mobile - Uttaruk.com » Online Advertising & the Omnibus Election Code http://www.yugatech.com/blog/the-internet/online-advertising-the-omnibus-election-code/#comment-122764 mobile - Uttaruk.com » Online Advertising & the Omnibus Election Code Mon, 29 Jan 2007 06:18:28 +0000 http://www.yugatech.com/blog/?p=1597#comment-122764 [...] post by YugaTech | Philippine Technology News & Reviews and software by Elliott [...] [...] post by YugaTech | Philippine Technology News & Reviews and software by Elliott [...]

]]>