Comelec sets hearing on TV networks’ complaint vs airtime rule

Comelec Commissioner Rene Sarmiento. INQUIRER file photo

MANILA, Philippines – The Commission on Elections (Comelec) has set a public hearing Thursday to tackle the motion for reconsideration filed by media networks questioning certain campaign rules for the May 2013 automated elections.

Commissioner Rene Sarmiento told reporters Tuesday that they will hear the Kapisanan ng mga Brodkaster ng Pilipinas’ (KBP) motion, as well as that of GMA Network, regarding Comelec’s previous resolutions on campaign rules such as the need for prior approval from the Comelec before appearing as guest on television programs.

“They are raising questions relating to [resolution no.] 9616 and [resolution no.] 9515 about fair elections act and about the rules and regulation implementing campaign finance rules,” Sarmiento said.

“They are raising why [there is a] need for prior approval or prior consent from the Comelec before appearances and guestings in TV shows and radio shows. For them this is a constitutional issue and [that] it violates the constitutional rights of the candidates,” he said.

The 120-minute airtime limit for television and 180-minute limit for radio will also be discussed since media networks have found it “too restrictive,” Sarmiento said.

Comelec decided that the airtime limit would be counted as an aggregate of all minutes a candidate has had regardless of the television or radio station instead of the previous “per station” basis.

“The issues being raised [regarding the airtime limit] is that it is too restrictive, too short a time for candidates to inform and present themselves before the public,” Sarmiento said.

The monitoring mechanism of Comelec will also be discussed to determine if it was prepared to monitor all the campaign propaganda as election draws near. “Is Comelec prepared to monitor [or] is it biting a cake that is too much to chew?” Sarmiento said referring to what will be discussed in the hearing.

The hearing will be open to the public and especially to the media. “Invited to participate in the hearing are members of the KBP, media networks, and other interested parties,” Sarmiento said.

“We are open to suggestions, comments, and reactions,” he said. The fact that Comelec amended their rule regarding prior approval and making it prior consent instead “is a sign that Comelec is open,” Sarmiento added.

“Prior consent approval provision has been amended, making it clear so that it means prior notice,” Sarmiento said. With regards to spot interviews where Comelec cannot be told in advance, he said that “so long as we are informed after the interview or the guesting, then to us that would suffice.”

He said that the airtime limitation had previously gone back and forth between “per station” and “aggregate” which means Comelec has not been consistent.

“Comelec was not consistent on airtime limitation, there was a time it was collective or aggregate, there were times it was … per station, [so] I think depending on arguments that will be raised this coming Thursday, we might go back to the per station,” Sarmiento said.

“If you look at the resolution there is this principle of equal opportunity for all candidates, so [the other commissioners are] saying this is the best formula consistent with that provision in the constitution and the law,” Sarmiento said.

“But again we also have to be pragmatic and realistic that this is not enough for many candidates, so we set it for hearing so there is openness on the part of the Comelec,” he added.