Comelec waffles on celebs

Tosses problem to employers, will rely on whistleblowers

 

by GERARD NAVAL (Malaya)

http://www.malaya.com.ph/02162010/news1.html

THE Commission on Elections (Comelec) yesterday decided to leave to celebrity endorsers or their home networks the decision on whether to resign or go on leave, or remain working during the campaign season.

Commissioner Gregorio Larrazabal said celebrity endorsers of candidates are not required by the law to resign once the campaign period begins, contrary to the interpretation of Ferdinand Rafanan, head of the Comelec law department.

"The discretion is left to the network or to the person involved (if s/he will resign or not)," Larrazabal said in a press briefing.
Rafanan last week said celebrity endorsers should immediately resign from their jobs on television and film at the start of the campaign period to avoid violating the law.

The campaign period for national candidates started February 9. For local candidates, the campaign period starts March 26.

Section 6.6 of the Fair Elections Act states that "any mass media columnist, commentator, announcer, reporter, on-air correspondent or personality, who is a candidate for any elective public office or is a campaign volunteer for or employed or retained in any capacity by any candidate or political party shall be deemed resigned, if so required by their employer, or shall take a leave of absence form his/her work as such during the campaign period."

Larrazabal noted there is a "warning" against possible abuse by celebrity endorsers who choose to remain working. He pointed to the last part of the section which states that the concerned media practitioner "shall not use his/her time or space to favor any candidate or political party."

"You can see if the actuation is favoring a particular political party or candidate," he said.

He said usage of airtime to promote a candidate could make the concerned individual liable for an election offense, which holds a penalty of one to six years imprisonment and removal of right to be voted and to vote.

Asked if the poll body would be monitoring violations, Larrazabal said, "We can monitor it but it will be better if there will be a complaint specifically mentioning to us the particular act committed by an individual."

Larrazabal also said the Comelec would not come out with specific guidelines on how to identify actions that would constitute acts favoring a particular party or candidate.