Social media has become a huge part of our national elections, but the Commission on Elections (Comelec) could barely keep up with and tame the political campaigns on the internet.
Before this election’s candidates even filed their certificates of candidacy (COCs) in October 2024, P4 billion had already been spent on political advertising in traditional media like television and radio, the Philippine Center for Investigative Journalism (PCIJ) reports. The biggest spenders were senatorial candidates Las Piñas Representative Camille Villar and Senator Imee Marcos, both spending over P1 billion each from January to September 2024.
The PCIJ added that the amount, based on rate cards, does not include production costs, the maintenance of campaign offices, campaign staff salaries, and other regular expenses. It also reported that candidates spent P70 million on billboards and P18 million on print media.
While the campaign period didn’t start until February 11 for national positions and Friday, March 28, for local positions, the Comelec only considers a campaign activity “premature” if it happens between the COC filing and the beginning of the campaign period. Campaigns and partisan political activities include forming groups to solicit votes, holding rallies for or against candidates, making speeches, holding interviews with candidates, and distributing campaign materials, according to the Comelec.
As of writing, data on campaign spending is unavailable. All candidates, political parties, and contributors are required to file their Statements of Contributions and Expenditures (SOCEs) by the end of the election period.
The Omnibus Election Code lays out all the policies for the elections, from voter registration rules to regulations on campaign spending. When the election code was passed in 1985, each candidate was only allowed to spend a maximum of P1.50 per registered voter in their constituency. Today, Comelec also refers to the Synchronized Elections Law of 1991, which caps spending for presidential and vice presidential candidates at P10 per voter and local candidates at P3 per voter.
Regulating Social Media
To cut campaign spending, candidates can and have turned to social media, where posting comes at virtually no cost. Rodrigo Duterte’s campaign for the presidency in 2016 relied heavily on digital platforms due to budget constraints, according to his former social media manager Nic Gabunada.
The idea of winning the elections through social media was novel then. Currently, the citizenry’s involvement in electoral politics happens primarily online. But our election laws have yet to adapt to this shift because social media campaigns are “impossible” to regulate, political strategist Alan German told Rolling Stone Philippines.
“Maybe the verified pages of candidates are a good starting point,” he said, adding that official social media pages would be the easiest to watch.
But he also said the “gray area” for what constitutes a political ad on social media is too big. While candidates and their campaign teams create and control their materials, followers and supporters are also capable of creating their own materials to post on social media. “Ang hirap [nitong] i-regulate,” said German. “I think the best the Comelec can do is really look at official verified pages and monitor activity there.”
“Meron tayong tinatawag na ‘parallel support groups,’” he said, referring to groups not directly affiliated with candidates but produce campaigns to support them. German said the activities of these groups on social media may be trickier to regulate because candidates have plausible deniability and can chalk their activities up to “organic support.”
Asked if regulations should also be placed on the involvement of influencers in political campaigns, German said, “Only where fake news is concerned.”
He said that the government would only have to step in and re-evaluate existing regulations for political ads if influencers spread disinformation. “The thing is, we already have existing laws protecting us from [disinformation],” he said. “There are libel laws, unjust vexation laws, slander, and even cyber libel laws.” German also emphasized that regulations should not curtail freedom of speech.
The Electorate’s Role
Ultimately, it is up to the electorate to vote for unfavorable candidates, German said. “I think the electorate should regulate itself more than the government or any administrative body should, inasmuch as ‘pag nakita mo that a candidate is resorting to fake news, mudslinging, misogyny, toxic culture, or debasing [marginalized] sectors para sumikat sila,” he said. “If the electorate themselves will consciously not vote for these candidates, then there will be equilibrium.”
Without support for such candidates, German said, politicians will realize that they need to practice integrity. He added that the Comelec may be taking a step in the right direction, citing its recent crackdown on candidates making discriminatory remarks.
“Kasi habang binoboto ng botante ‘yong mga antics na ganyan, gagawin at gagawin ng politiko ‘yan,” he said. “But if [candidates] get backlash on social media and get called out for it, then they will stop doing it. I think that’s the ‘regulation’ needed.”
