Pollsters to Comelec: ‘Voluntary registration,’ no penalties

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The photo shows the Commission on Elections central office in Intramuros, Manila.

Metro Manila, Philippines - Survey firms have asked the Commission on Elections (Comelec) to reverse a blanket directive that requires them to register and penalizes violators.

They made the call during a consultation on Thursday, Feb. 27, with Comelec eyeing to amend the supplemental resolution it previously released to regulate pollsters conducting pre-election surveys.

But even Comelec Chairperson George Garcia also said that mandatory registration of pollsters may be considered “prior restraint” on the freedom of expression and freedom of speech. He said it was an issue raised as poll officials carefully studied the resolution.

“Lahat, therefore, na lalabas na mga survey na hindi produkto ng mga registered sa Comelec, therefore, pwede namin gawing basehan ‘yon as election offense. Ang sinasabi namin, kung ayaw niyo makasuhan ng election offense, pwede kang magparehistro, at the same time magsa-submit ka ng reports,” Garcia told reporters in a chance interview during Thursday’s consultation.

He clarified that they would still finalize the resolution.

Ranjit Rye, president of OCTA Research, told Comelec that the latter’s intention was good and that the think tank will help meet Comelec’s goal of holding an honest, fair, and clean election in May.

“Regulating survey firms this way is not just intrusive, it's unnecessary at the moment,” Rye said. “We are your partners nga eh. We want to be part of this agreement but you're making it very hard for certain companies.”

“Since it’s a partnership... hindi na kailangan ‘yong sanctions, mandatory, hindi kailangan 'yan. Sasama kami dito, magco-comply kami, hindi kailangan kami pilitin,” he told reporters.

[Translation: Since it's a partnership... sanctions are not needed, the mandatory aspects, they are not needed. We can be part of this, we can comply, we should not be forced.]

Ana Tabunda, Pulse Asia research director, asked Comelec to refine provisions on how the latter will access raw data from pollsters. She flagged concerns over safeguarding the anonymity of respondents.

Cleve Arguelles, CEO and president of WR Numero, meanwhile said disclosing questionnaires to the commission is an issue.

Malou Tiquia, founder and CEO of Publicus Asia, was in favor of Comelec having a registry of survey firms. She, however, reminded the poll body that surveys are not mind-conditioning tools.

“Surveys are not bandwagon,” Tiquia also said. “The bandwagon comes from media saying these are the preferences. It is not us. So bakit ang nabe-blame ‘yong gumagawa ng datos na pinepresent sa public, pero 'yong interpretasyon, kami pa rin ang nabe-blame? [Why are we, those who present data to the public, also being blamed for the interpretation?]”

“You give too much credit to surveys. Alam niyo ba ang porsyento ng Pilipino na aware of surveys? Of registered voters, 14 percent lang. Ang mataas po sa NCR (National Capital Region), 24 percent,” said Linda Guerrero, president of Social Weather Stations.

[Translation: Do you know the percentage of Filipinos who are aware of surveys? Of registered voters, only 14 percent. NCR is the region with the highest at 24 percent.]

The survey firms signed a "pledge of commitment for regulation and enforcement of survey practices for election credibility and transparency" that sought voluntary registration and an agreement that the section on penalties for non-compliance would be stricken out.

Comelec Commissioner Rey Bulay said the poll body is set to release within two weeks amendments to Resolution No. 11117, which are supplemental rules to Resolution No. 11086.

The commission is banking on a Supreme Court ruling that said it can regulate the conduct of surveys.