AN ACT TO ENHANCE THE HOLDING OF FREE
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AN ACT TO ENHANCE THE HOLDING OF FREE
Republic Act No. 9006
February 12, 2001
Case Overview and Summary
Fair Election Act (Republic Act 9006)Declaration of Principles (Section 2):
- The Senate shall supervise media to ensure equal opportunity and right to reply for candidates during the election period.
- The State shall ensure candidates are free from harassment and discrimination.
Lawful Election Propaganda (Section 3):
- Allowed for registered parties, candidates, subject to expense limits and COMELEC supervision.
- Includes printed materials up to 8.5x14 inches, letters, posters up to 2x3 feet, streamers up to 3x8 feet for rallies, paid ads, and other forms not prohibited.
Requirements for Published/Broadcast Propaganda (Section 4):
- Must bear "political advertisement paid for" and sponsor's name and address.
- Free broadcasts must be identified as such.
- Donated ads require candidate's written acceptance.
Election Surveys (Section 5):
- Survey details like sponsor, methodology, margin of error must be published.
- Raw data must be available for inspection.
- No surveys 15 days before national elections, 7 days before local elections.
- Exit polls allowed with restrictions on location, pollster attire, voter consent.
Equal Access to Media (Section 6):
- All parties and candidates have equal access to media time and space.
- Print ad limits: 1/4 page broadsheet, 1/2 page tabloid, thrice a week.
- Broadcast ad limits: 120 mins TV, 180 mins radio for national candidates; 60 mins TV, 90 mins radio for local candidates.
- Media must submit ad contracts to COMELEC within 5 days.
- No new broadcast franchises during election period.
- COMELEC to ensure fair coverage, no favoring of candidates.
- Media practitioners who are candidates must take leave.
- No exhibition of candidate biopics during campaign period.
COMELEC Affirmative Action (Section 7):
- COMELEC to procure print space in 3 national papers for candidate announcements, 3 times during campaign.
- COMELEC to procure free airtime from 3 national TV and radio networks for candidates, 3 times during campaign.
- COMELEC may require 3 presidential debates and 1 vice presidential debate.
COMELEC Space and Time (Section 8):
- COMELEC to procure space in 1 newspaper and airtime in 1 station per province/city for public info dissemination.
Posting of Campaign Materials (Section 9):
- COMELEC may authorize common poster areas of up to 12x16 feet for parties, 4x6 feet for independents.
- Candidates may post materials in private places with owner's consent and in allocated public places.
Right to Reply (Section 10):
- Parties and candidates have right to reply to charges with same prominence.
Rates for Political Propaganda (Section 11):
- Media to charge discounted rates: 30% off for TV, 20% off for radio, 10% off for print.
Substitution of Candidates (Section 12):
- Votes for substituted candidates considered stray votes but don't invalidate ballot.
- Ballots to provide space to write substitute candidate's name, unless same family name.
COMELEC Authority and Election Offenses (Section 13):
- COMELEC to promulgate rules for implementation.
- Violation of the Act and COMELEC rules is an election offense punishable under the Omnibus Election Code.
Repealing and Separability Clauses (Sections 14-15)
Effectivity (Section 16):
- The Act takes effect immediately upon approval.
Amends
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Statutes
Republic Acts
fair election
election propaganda
political advertisements
election surveys
equal media access
COMELEC
campaign materials
right to reply
political ad rates
candidate substitution
election offenses
Law
AN ACT TO ENHANCE THE HOLDING OF FREE
Republic Act No. 9006
•February 12, 2001
REPUBLIC ACT 9006 February 12, 2001
AN ACT TO ENHANCE THE HOLDING OF FREE, ORDERLY, HONEST, PEACEFUL AND CREDIBLE ELECTIONS THROUGH FAIR ELECTION PRACTICES
Section 1. Short Title.- This Act shall be known as the "Fair Election Act."
Section 2. Declaration of Principles. – The Senate shall, during the election period, supervise or regulate the enjoyment or utilization of all franchises or permits for the operation of media of communication or information to guarantee or ensure equal opportunity for public service, including access to media time and space, and the equitable right to reply, for public information campaigns and for a among candidates and assure free, orderly, honest, peaceful and credible elections.
The State shall ensure that bona fide candidates for any public office shall be free from any form of harassment and discrimination.
Section 3. Lawful Election Propaganda. – Election propaganda, whether on television, cable television, radio, newspapers or any other medium is hereby allowed for all registered political parties, national, regional, sectoral parties or organizations participating under the party list elections and for...
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Amends
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Amended by
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