Comelec to regulate candidates' social media spending for 2025 polls

The Commission on Elections (Comelec) would scrutinize the campaign expenses that candidates in the 2025 midterm polls would incur on social media, its chairperson said Thursday.

Chairperson George Erwin Garcia cited Republic Act 9006 or the Fair Election Act for the regulation.

“Hindi puwede i-discuss ang artificial intelligence (AI) at deepfakes nang hindi tatalakayin ang issue ng social media. Radyo, dyaryo, TV, nareregulate ng Comelec…pero ang medyo hindi na-define nang maayos at maliwanag ay ang issue ng social media,” Garcia told reporters on the sidelines of a forum on the role of AI in the May 2025 polls at the University of the Philippines Diliman, Quezon City.

(We cannot discuss AI and deepfakes without talking about social media. The Comelec regulates spending on radio, TV, and newspapers, but it remains unclear about social media.)

“Paano yung mga kumikita na social media influencers? Paano ang gastos ng mga kandidato sa social media? …Sa TV, 120 minutes may bayad...Ibig sabihin, alam namin kung magkano ang gastos at kung sumusobra na sa allowable expenses,” he said.

(What about the paid social media influencers? How do candidates incur expenses on social media? We should know how much their expenses are and if they are breaching the allowable expenses.)

The Comelec previously called for the crafting of laws allowing them to regulate candidates’ social media posts to avoid the spread of disinformation and banning AI and deepfake in campaign materials for the 2025 midterm polls.

There are currently no laws prohibiting the use of deepfakes. But a House bill was filed last year seeking to impose a heftier penalty for the use of deepfake technology in committing crimes, with a penalty one degree higher than those prescribed in the Revised Penal Code or corresponding laws.

AI guidelines

Meanwhile, Garcia said the Comelec is set to issue guidelines for the use of AI in the 2025 midterm elections next month.

The guidelines would be based on the results of the discussions during the stakeholders’ forum and consultation dialogue, he added.

“Di ko gusto i-preempt ang outcome ng forum, but whatever it is, the Comelec will push through with our guidelines based sa outcome ng pag-uusapan dito,” Garcia said.

(I don’t want to preempt the outcome of the forum, but whatever it is, the Comelec will push through with our guidelines.)

“Hindi naman po yung kabuuan ng AI ang masama. Napakadaming parte ng AI na napakaganda po… Pero maybe not in election. Yun nga po yung gusto natin alamin. Ano yung parte ng AI na ginagamit sa halalan na dapat na ma-regulate at dapat i-prohibit kung meron man? At kung maipo-prohibit, mare-regulate, may mava-violate ba tayo na batas o karapatan?” he said.

(Not every aspect of AI is harmful. Well, most of them are excellent, but perhaps not during an election. We want to determine if there is any AI component being utilized in the elections that needs to be regulated or prohibited. And will it break any laws or rights if it is prohibited or regulated?)

The guidelines are expected to be released in the second week of August.

“Kung may mag-question sa Supreme Court, we are ready to defend. The Comelec has the power to regulate social media in a very limited sense. At the same time, to punish culprits who will be violating the rights of others. Walang duda na puwedeng protektahan ang karapatan ng ibang kandidato para ma-ensure na everything is fair,” he added.

(If it will be questioned before the Supreme Court, we are ready to defend. The Comelec has the power to regulate social media in a very limited sense and, at the same time, to punish culprits who will be violating the rights of others. We can protect the rights of other candidates to ensure everything is fair.)

Violators may be charged with election offenses under the Omnibus Election Code, according to Garcia.

Comelec Resolution 10730, which was issued ahead of the May 2022 elections, states that election campaigns on television and radio are limited to 120 minutes and 180 minutes, respectively, for candidates running for a national position and political parties.

Posters, meanwhile, should be limited to a size not exceeding 2 feet by 3 feet.

The Philippines will hold its midterm elections on May 12, 2025. —with a report from Tina Panganiban-Perez/VBL, GMA Integrated News