Comelec requires survey firms to register, imposes penalties

Metro Manila, Philippines - The Commission on Elections (Comelec) now mandates registration for conducting and disseminating pre-election surveys and penalizes those behind the unlawful publication of non-compliant polls.

Under Comelec Resolution 11117, approved on Wednesday, Feb. 19, “any person, whether natural or juridical, candidate, or organization that conducts and publicly disseminates an election survey must register with the Political Finance and Affairs Department (PFAD) of the Commission.”

“Only pre-registered entities shall be authorized to conduct and publicly disseminate election surveys” the resolution states.

Meanwhile, survey firms have 15 days from the effectivity of the order to complete their registration with Comelec.

“During this period, they may continue their operations, but failure to register within the prescribed time frame shall result in the suspension of their authority to conduct and publish election surveys,” the Comelec said.

The poll body also requires survey firms to submit a report within five days of releasing the results, detailing all relevant survey information and any amounts spent by candidates, if applicable, in commissioned surveys.

Comelec has ordered a verification system through its Education and Information Division “to authenticate survey results and prevent the dissemination of fraudulent surveys falsely attributed to legitimate pollsters.” The Task Force Katotohanan, Katapatan, Katarungan sa Halalan, shall then alert voters about fake surveys.

Media organizations are also required to publish only surveys that properly disclose the name of the entity conducting the survey, as well as the names of the individuals or organizations that commissioned it.

“Survey firms and media organizations that fail to comply with disclosure or reporting requirements shall be subject to strict penalties, which may include fines, suspension of accreditation, or legal action in cases of deliberate misrepresentation of survey data,” the Comelec said in its resolution.

The measure also amends the implementing rules of the Fair Elections Act to include as unlawful the publication of pre-election surveys without disclosing the required information, holding the survey firms and its owners and editors-in-chief criminally liable for such.

The resolution further states that violations of the resolution, as well as the unlawful publication of pre-election surveys, shall be considered election offenses punishable by up to six years in prison, along with disqualification from public office, under the Omnibus Election Code.