Various posts circulating in social media claim it is illegal under the law to conduct and release election surveys a week before the elections. This is false.
CLAIM: Pre-election surveys are illegal under the Fair Elections Act.
RATING: FALSE
Various posts circulating in social media claim that the release of pre-election surveys is illegal under section 5.4 of Republic Act (RA) 9006 or the Fair Election Act.
Section 5.4 of the law reads as follows:
Surveys affecting national candidates shall not be published fifteen (15) days before an election and surveys affecting local candidates shall not be published seven (7) days before an election.
The social media posts also claim that survey firms like Pulse Asia might be held liable for violating this provision of the law.
This is FALSE.
The Supreme Court ruled in May 2001 that section 5.4 of RA 9006 is unconstitutional because “(1) it imposes a prior restraint on the freedom of expression, (2) it is a direct and total suppression of a category of expression even though such suppression is only for a limited period, and (3) the governmental interest sought to be promoted can be achieved by means other than suppression of freedom of expression.”
For this reason, pre-election surveys are legal. — Rommel F. Lopez
PressOne.PH is part of #FactsFirstPH which brings together various sectors that are committed to promoting truth in the public space, and exacting accountability on those who harm it with lies. For those interested to join the initiative, email info@factsfirst.ph
PressOne.PH has adopted Facebook’s ratings options for third-party fact checkers and is working toward accreditation with the International Fact-Checking Network (IFCN).
FACT-CHECK: The MILF is not a terrorist organization
Get Real Philippines made the false claim that the Moro Islamic Liberation Front is a terrorist organization
FACT-CHECK: Three Marcoses hold public office
Other Marcos family members were elected to public office, not just President Marcos, his son Sandro, and his sister Imee
FACT-CHECK: Context missing in comparison between audience sizes of Marcos Jr., predecessors
To be asked to deliver a speech before a joint session of a legislature is a high honor accorded to a visiting head of state, and the event is thus usually well-attended. In contrast, the UNGA has been derided as a platform of tyrants.
