SC: Pulse, SWS not liable for non-disclosure of subscribers

THE Supreme Court on Tuesday unanimously ruled that survey firms Pulse Asia and Social Weather Stations (SWS) should not be held liable for non-submission of names of commissioners, mayors and subscribers of surveys used during the campaign period for the 2013 elections.

SWS and Pulse Asia went to the Supreme Court after the Commission on Elections (Comelec) issued Resolution 9674 which compels survey firms to disclose the names, identities or other personal information of all their respective subscribers.

The survey firms said Comelec abused its authority when it issued the resolution.

They added that the resolution violated the Fair Elections Act.

The SC in its recent ruling upheld the Comelec Resolution.

But the high court nullified a portion of the resolution, which provides that non-compliance with respect to the surveys published during the campaign period for the 2013 elections shall be prosecuted.

“The petition is partially granted (1) Comelec resolution no. 9674 is upheld; (2) respondent Comelec is enjoined from prosecuting petitioners for their supposed violation of Comelec Resolution No. 9674 in respect of their non-submission of the names of all commissioners and payers, including subscribers, of surveys published during the campaign period for the 2013 elections,” the high court said.

A portion of the Comelec Resolution No. 9674 requires poll firms that “all surveys published subsequent to the promulgation of this resolution must be accompanied by all the information required in Republic Act 9006, including the names of commissioners, payors and subscribers.”

However, the high court is silent if Comelec can go after poll firms for non-compliance of the resolution with regards to future elections. AC