Online ‘trolls’ may be violating Election Code, lawyer says

So-called social media “trolls” and other individuals spreading lies online to derail the May 9 national elections may be charged with violation of elections laws and end up in jail, election lawyer Romulo Macalintal has said.

Macalintal said those found to be disseminating rumors and gossip could be held liable under Section 261, Article XXII of the Omnibus Election Code, which lists down all types of election offenses.

“Iyon na lamang gagawa ka ng mga tsismis, mga balita na hindi naman pala totoo na magcau-cause ng harm sa taumbayan o sa mangyayaring halalan, that is an election offense,” Macalintal said in a news forum.

Article XXII Section 261, Par. (z)(11) lists as among those guilty of an election offense, "Any person who, for the purpose of disrupting or obstructing the election process or causing confusion among the voters, propagates false and alarming reports or information or transmits or circulates false orders, directives or messages regarding any matter relating to the printing of official ballots, the postponement of the election, the transfer of polling place or the general conduct of the election."

Macalintal said that if found guilty, offenders face between one to six years of imprisonment, and be deprived of his or her right to vote.

“Kaya iyan ay napakabigat na kasalanan… Kahit sabihin pa natin na sa social media iyan, dapat imbestigahan din iyan,” he added.

Macalintal admitted government investigators might have difficulty identifying so-called online “trolls” since they usually use fictitious identities.

But the lawyer said if the government was able to trace the hacker in the recent hacking of the Commission on Elections (Comelec), it should also be able to hunt down trolls and rumor mongers.

“Dapat imbestigahan iyan ng Comelec at NBI. Kung ang NBI, nahuhuli ang hacker ng database ng Comelec, baka naman puwede rin makita sino ang nagpapakalat ng kung anu-anong balita na nakakasira sa ating halalan,” Macalintal said.

“Dapat siguro bigyang babala ng Comelec ang social media na ang gumagamit ng ganyan, ang gumagawa ng mga kung anu-anong tsismis [ay maaaring managot sa batas],” he added.

As for news reports or social media posts that appear malign certain candidates, Macalintal said there are legal remedies they can resort to.

“Kung sa kandidato nakakasira, iyan ay nasa part ng kandidato, kung ano dapat gawin. May karapatan siya diyan,” he said.

“Sa batas, may sinasabi tayong right to reply. Kung kailangan siya sumagot, kailangan mabigyan siya ng pagkakataon sumagot,” Macalintal said. —NB, GMA News