FACT CHECK | Posts claiming it’s illegal to publish survey 15 days before election day are false

May 5, 2022 , 03:04 PM

(May 5, 2022) – Some social media users are sharing posts that claim the publication of survey results roughly two weeks before the elections violate the law.

This claim is false.

CLAIM:

Several netizens have criticized Pulse Asia after publishing its most recent survey with only a week left before election day on May 9. It showed that presidential candidate Bongbong Marcos Jr. of Partido Federal ng Pilipinas maintained his wide lead at 56%.

Many of them cited a provision in the Fair Elections Act or Republic Act 9006 to substantiate their claim that the publication of said survey was illegal.

“Surveys affecting national candidates shall not be published fifteen (15) days before an election and surveys affecting local candidates shall not be published seven (7) days before an election,” read Section 5.4 of the law.

In a post, a Facebook page claimed that the publication of the latest survey of Pulse Asia was only done as a means to condition the minds of the voters. It added that Pulse Asia should be made accountable under the law for the alleged violation.

RATING: False

FACTS:

The posts failed to take into consideration a court ruling that said the particular provision of the Fair Elections Act they cited was unconstitutional, as it abridges the freedom of expression.

In May 2001, the second division of the Supreme Court ruled that the said directive directly restrains free expression even if it is only limited to a specific time period before the elections. It added that the government can achieve its goal through other means without suppressing freedom of expression.

“As for the purpose of the law to prevent bandwagon effects, it is doubtful whether the government can deal with this natural-enough tendency of some voters. Some voters want to be identified with the ‘winners.’ Some are susceptible to the herd mentality. Can these be legitimately prohibited by suppressing the publication of survey results, which are a form of expression,” read the ruling.

James Jimenez of the Commission on Elections (Comelec) also cited this decision in refuting the claim.

No. The provision being cited – Sec. 5.4 of RA 9006 – was struck down by the Supreme Court for being unconstitutional.

SWS v COMELEC
GR No 147571
May 5 2001 https://t.co/BWzEEkIJtH

— James Jimenez (@jabjimenez) May 3, 2022

Under Comelec Resolution 10730, any person may conduct surveys during the election period but they must specify who commissioned them, the margin of error, and other pertinent details if they want to publish the report for public consumption.

“The survey together with the raw data gathered to support its conclusions shall be available for inspection, copying and verification by the COMELEC. Any violation of this Section shall constitute an election offense,” read the resolution promulgated last November 17.

Pulse Asia has already released a statement to address the criticisms following the release of the survey. It rejected claims that the firm has been bought, that the methodology was compromised, and that the publication of the survey 15 days before election day was illegal.

“Those who make these unfair and unjust criticisms bear the responsibility for their baseless accusations feeding into the spiral of disinformation and mal-information that afflicts our society,” said Pulse Asia president Ronald Holmes.

WHY THIS MATTERS:

Some still have standing posts that echo this claim, including the page of senatorial candidate Jopet Sison, despite the clarification already issued by the Comelec.

PressOne.PH, also a member of Facts First PH, also published a fact-check report on the claim on Wednesday. Interaksyon, meanwhile, published an explainer on the issue last Tuesday.

News 5 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, e-mail info@factsfirst.ph. Message News 5’s Facebook page if you want to have any claims fact-checked. Read our fact-checking policy here.

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