Comelec's 'right to reply provision' protects media, says Brillantes

The "right to reply" provision contested by media organizations serves as a "protection" to media outlets and not a burden to them, Commission on Elections Chairman Sixto Brillantes, Jr. said Thursday.

The provision is contained in Resolution 9615 of the government's election watchdog, the Commission on Elections.

During a hearing at the Comelec main office in Intramuros Thursday, Brillantes defended the campaign rules and said by putting procedures in place, the limitation is actually placed on the candidate and not on the networks.

The Kapisanan ng mga Brodkaster ng Pilipinas and GMA Network have filed separate motions of reconsideration asking the poll body to scrap or clarify controversial provision in Comelec Resolution 9615.

Some of the contested provisions include the right to reply, the prior approval of the poll body before any candidate can be invited as guest and the limited air time for candidates.

Under the right to reply rule, candidates running in the May 13 polls who feel aggrieved by fellow candidates on air are given the chance to answer the accusations made in the same station with the same amount of air time.

"This provision protects more the television networks, radio and newspaper…we're not being unreasonable to the media outlets. In fact, we're protecting those who want to exercise the right to reply," Brillantes said.

The poll chief clarified they would have to determine first if a candidate presented sufficient facts that he was aggrieved by a fellow candidate.

That means, the candidate does not automatically get to request networks for a chance to answer accusations.

The resolution states that candidates have to submit first a "formal, verified claim against the media outlet to the Comelec."

The Comelec will then have to determine first if there is sufficient basis to grant a candidate the right to reply.

After a careful review, the poll body will then endorse the complaint to the media outlet for comment, Brillantes said.

"We will determine whether we will require you [networks] to exercise the right to reply," Brillantes said.

"With this specific provision, kami pa nga ang nadadagdagan ng trabaho," he added.

GMA Network legal counsel Roberto Lucila pointed out that they were at a loss on how to implement the said ruling.

"Our problem is the procedure in itself, how do we implement it?" Lucila said.

Brillantes also assured the petitioners and the public that the poll body is seriously considering all sides on the issue.

He also argued the resolution is meant to limit abusive use of airtime from rich candidates.

"If you say that candidates will have less exposure from the media then it should be the candidates who should appeal…I think the paramount consideration here is to level the playing field," Brillantes said.

Brillantes said they will come out with a clarificatory resolution taking into consideration the points raised by the media organizations.

The hearing was attended by members of the Kapisanan ng mga Brodkaster ng Pilipinas and GMA Network. (PNA)