COMELEC Social Media Rules: 2025 Philippine Election Guide
What the COMELEC Requires in Using Social Media for the 2025 Philippine Elections
This article is a summative guide on the important provisions of Commission on Elections (COMELEC) Resolution No. 11064 as amended by COMELEC Resolution No. 11064-A, regarding the registration and use of social media for the 2025 Philippine Elections. This guide details compliance requirements under the said COMELEC Resolution. Learn about COMELEC’s vital requirements for social media use in the 2025 Philippine Elections, including registration, AI disclosures & prohibited acts.
COMELEC Resolution No. 11064, entitled Guidelines on the Use of Social Media, Artificial Intelligence, and Internet Technology for Digital Election Campaign, and the Prohibition and Punishment of its Misuse for Disinformation, and Misinformation, in connection with the 2025 National and Local Elections and the BARMM Parliamentary Elections, was promulgated on September 17, 2024 and took effect on September 26, 2024. This election regulation was subsequently amended by COMELEC Resolution No. 11064-A, issued on November 13, 2024.
Through them, the COMELEC aims to regulate digital election campaigns while upholding freedom of expression. Since COMELEC Resolution No. 11064-A amends specific provisions of COMELEC Resolution No. 11064, the amended provisions supersede specific clauses found in COMELEC Resolution No. 11064. Aside from administrative and legal measures that can be taken against those violating these Resolutions, non-compliance can also lead to liability under the Omnibus Election Code, an as election offense.
I. Introducing COMELEC Resolution No. 11064, as amended by COMELEC Resolution No. 11064-A which Regulate the Use of Social Media in the 2025 Philippine Elections
The Commission on Elections (COMELEC) issued these resolutions to address the increasing use of social media, artificial intelligence (AI), and internet technology in political campaigns. The regulations aim to ensure fair and credible elections by preventing the spread of disinformation and misinformation while respecting the constitutional right to freedom of expression. COMELEC Resolution No. 11064 establishes initial guidelines, and while the subsequent amendatory COMELEC Resolution No. 11064-A changes certain aspects to improve clarity and address concerns raised by stakeholders.
II. Who are Required to Register Social Media for Use in Campaign in the 2025 Philippine Elections?
These resolutions apply to a broad range of individuals and entities involved in the electoral process:
a. Candidates: Individuals seeking elective office This term includes those who have filed their Certificates of Candidacy and have not been disqualified. The definition of “candidate” in COMELEC Resolution No. 11064 is key to understanding this coverage.
b. Political Parties: This refers to registered national, regional, or sectoral parties, and party-list organizations.
Note that through COMELEC Resolution No. 11064-A, the following were expressly excluded from those requiring mandatory registration:
a. Campaign Managers: Individuals or entities managing campaigns (implied from both Resolutions). This includes the candidates’ respective campaign teams, and those responsible for creating and disseminating campaign materials online.
b. Private Individuals or Entities, which is defined as those creating or managing online platforms primarily designed or used to promote or oppose candidates
This is a significant limitation of coverage compared to the initial guidelines in COMELEC Resolution No. 11064. COMELEC Resolution No. 11064-A explicitly clarifies that private individuals and entities involved in creating or managing online platforms designed to promote or oppose candidates no longer require mandatory registration, in line with the Constitutional guarantee to Freedom of Speech. This amendment removes ambiguity about the responsibility of private actors in online campaigning.
III. Key Definitions Introduced in by the COMELEC in the Use of Social Media for the 2025 Philippine Elections
COMELEC Resolution No. 11064 provides a comprehensive list of definitions crucial for interpreting the regulations. These definitions are not altered by the amendatory COMELEC Resolution No. 11064-A.
1. Algorithm: A defined set of rules or instructions executed by a computer system
2. Artificial Intelligence (AI) Technology: Computer systems simulating human intelligence
3. Astroturfing: Masking a message’s origin to appear grassroots
4. Audio Watermarks: Embedded signals verifying audio authenticity
5. Bots: Automated programs simulating human online behavior
6. Cheapfakes: Authentic media re-contextualized to alter meaning
7. Candidate: As previously defined As noted above, this definition is critical for determining who falls under the purview of the resolutions.
8. Coordinated Inauthentic Behavior: Deliberate actions to deceive online
9. Deepfakes: Digitally fabricated realistic media
10. Digital Election Campaign: Campaigns conducted through online channels
11. Disinformation: False information spread maliciously
12. Fake Social Media Accounts: Profiles using false identities
13. Fake News: Misinformation, malinformation, or disinformation presented as news
14. False Amplifiers: Entities artificially increasing message reach
15. Hyperactive Users: Inauthentic individuals with high online activity
16. Internet Technology: Hardware, software, and services enabling data exchange
17. Misinformation: False or inaccurate information, regardless of intent
18. Party: As previously defined earlier.
19. Podcast: Digitally stored radio programs
20. Social Media: Digital platforms enabling content creation and
21. Softfakes: Subtly altered content to influence
22. Social Media Account: Personalized access to a social media platform
23. Watermark Technology: Embedding marks in digital
24. Visible Watermarks: Identifiable marks verifying authenticity
IV. Registration Requirements for the Use of Social Media in the 2025 Philippine Elections under COMELEC Resolution No. 11064 as amended by COMELEC Resolution No. 11064-A
This section details the amended registration process as outlined in COMELEC Resolution No. 11064, as amended.
1. What to Register: All official social media accounts an pages, websites, podcasts, blogs, vlogs, and other online and internet-based campaign platforms of candidates, parties, used for campaigning. COMELEC Resolution No. 11064-A excludes the social media accounts and pages of the campaign teams, and those created by persons or entities other than the candidates or parties themselves. Thus, COMELEC Resolution No. 11064-A significantly clarifies the entities subject to the registration requirement and streamlines the process.
2. Who Must Register: Only candidates and their authorized representatives, as well as authorized representatives of registered political parties/coalitions, and party-list organizations, may submit registration forms. COMELEC Resolution No. 11064-A removes the requirement for private entities to register.
3. When to Register: Registration must be completed on or before December 13, 2024. This deadline is another clarification introduced by COMELEC Resolution No. 11064 -A.
4. Documents to Submit:
a. Duly accomplished Registration Form (online submission).
b. Notarized authorization (if submitted by a representative).
c. Notarized affidavit of undertaking (stating the platform will not be misused for disinformation or misinformation).
d. Photocopy of a valid government-issued ID.
V. Transparency and Disclosure Requirements in the Use of Social Media for the 2025 Philippine Elections
These requirements remain unchanged by COMELEC Resolution No. 11064-A, which amended COMELEC Resolution No. 11064. The transparency and disclosure requirements to be complied with are as follows:
a. AI Technology Disclosure: All campaign materials using AI must disclose its use and detail the manipulation. Disclosures must be clear, conspicuous, and remain visible/audible for a sufficient duration. Specific requirements are provided for visual, audio-visual, and audio-only media. Watermark technology must be used.
b. Platform Disclosure Obligations: Online platforms hosting manipulated content must disclose this to audiences.
VI. Prohibited Acts in the Use of Social Media for the 2025 Philippine Elections under COMELEC Resolution No. 11064 as amended by COMELEC Resolution No. 11064-A
These acts remain prohibited and constitute election offenses:
1. Use of “false amplifiers” (fake accounts, bots, astroturfing)
2. Coordinated inauthentic behavior and use of hyperactive users
3. Creation and dissemination of deepfakes, cheapfakes, and softfakes
4. Use of fake and unregistered social media accounts
5. Creation and dissemination of fake news
6. Use of AI-generated content without compliance with disclosure requirements
VII. Enforcement and Penalties for Violation
1. Implementing Body: The Task Force KKK sa Halalan, led by the Education and Information Department (EID) and the Law Department of the COMELEC, is responsible for implementation and enforcement of COMELEC Resolution No. 11064 and COMELEC Resolution No. 11064-A.
2. Procedures Upon Detection: The Task Force will investigate, issue show-cause orders, file complaints, and request takedowns of content from platforms. They will also debunk fake news.
3. Penalties: Non-compliance may result in complaints for election offenses under Section 261 (z) (11) of the Omnibus Election Code (OEC), which may include fines and disqualification The severity of penalties will depend on the nature and extent of the violation.
VIII. Election and Campaign Periods
COMELEC Resolution No. 11064 provides that the election period is from January 12, 2025 (Sunday), to June 11, 2025 (Wednesday. Note that campaign periods vary by position.
IX. Further Considerations and Expansions in the Use of Social Media for the 2025 Philippine Elections (Beyond the explicit text of COMELEC Resolution No. 11064 and COMELEC Resolution No. 11064-A)
While the provided documents offer a framework, several aspects require further elaboration for complete compliance:
a. Specific technical requirements for watermarking and AI disclosure: The resolutions mention the need for watermarking and AI disclosures, but precise technical specifications are not provided. Consultations with technology experts are advised to ensure compliance.
b. Interaction with other laws: These resolutions must be considered alongside other relevant Philippine laws, such as the Data Privacy Act of 2012 (Republic Act No. 10173) and the Cybercrime Prevention Act of 2012 (Republic Act No. 10175). Any actions taken under these resolutions be in harmony with, and should avoid violating other applicable laws.
c. Jurisdictional issues: Determining jurisdiction in cases involving cross-border dissemination of content will require careful legal analysis.
d. Enforcement challenges: Effectively enforcing these regulations across numerous online platforms and diverse user groups presents significant challenges. The success of enforcement hinges on inter-agency cooperation and collaboration with social media companies.
This expanded guide provides a more comprehensive understanding of COMELEC Resolutions No. 11064 and 11064-A. However, this information is for guidance only and does not constitute legal advice. Legal counsel should be consulted for specific situations. The evolving nature of technology and online campaigning requires continuous monitoring of COMELEC updates and legal developments.
FAQs (Frequently Asked Questions)
What is COMELEC Resolution No. 11064?
COMELEC Resolution No. 11064, entitled ‘Guidelines on the Use of Social Media,’ was issued by the Commission on Elections (COMELEC) to regulate digital election campaigns for the 2025 Philippine elections. It outlines requirements for candidates and political parties regarding their use of social media.
What is COMELEC Resolution No. 11064-A?
COMELEC Resolution No. 11064-A amended COMELEC Resolution No. 11064 and removed certain persons or entities from the coverage of social media registration, pursuant to the fundamental right to Freedom of Expression under the constitution.
Who is required to register social media accounts for campaigning?
The registration requirements apply to candidates seeking elective office, and registered political parties. Only candidates and their authorized representatives are required to register official social media accounts.
What are the key definitions introduced in COMELEC Resolution No. 11064?
Key definitions include terms such as ‘Algorithm,’ ‘Artificial Intelligence (AI) Technology,’ ‘Astroturfing,’ ‘Deepfakes,’ ‘Disinformation,’ and ‘Fake News.’ These definitions help clarify the concepts related to social media use in election campaigns.
What are the registration requirements for using social media in the 2025 elections?
Candidates must register all official social media accounts before December 2024. Required documents include a duly accomplished registration form, notarized authorization from representatives (if applicable), a notarized affidavit of undertaking, and a photocopy of a valid government-issued ID.
What acts are prohibited under COMELEC’s social media rules?
Prohibited acts include the use of false amplifiers like fake accounts and bots, coordinated inauthentic behavior, creation and dissemination of deepfakes, cheapfakes, softfakes, fake news, and non-compliance with AI-generated content disclosure requirements.
What are the penalties for violating these social media rules?
Violations may result in investigations by the Task Force KKK sa Halalan, which can issue sanctions. Non-compliance can lead to complaints for election offenses against those involved in improper social media practices during the election period.
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