A new resolution released by the Commission on Elections (Comelec) seeks to curb all forms of discrimination during the election period, warning that anyone who violates this shall be liable for an election offense.

Under Resolution No. 11116 promulgated on Wednesday, Feb. 19, during the election period, any person who, directly or indirectly, commits acts of bullying on the basis of HIV status, coercion, discrimination against women, discrimination against PWDs on the use of public accommodations, gender-based harassment, labeling, public ridicule against PWDs, vilification of PWDs, violation of an anti-discrimination ordinance, and/or violation of rights to religious, cultural sites and ceremonies as defined under Section2 of this Resolution shall be liable for an election offense.

The resolution states that this is pursuant to Sec. 13 of Republic Act (RA) 9006 and Section 261 (e) of the Omnibus Election Code and other pertinent laws, rules and regulations.

All national and local candidates are covered by the resolution.

Meanwhile, it defines bullying on the basis of HIV status as bullying in all forms, including name-calling upon a person based on actual, perceived, or suspected HIV status, including bullying in social media and other online portals during the election period for any election-related activity including but not limited to campaign activities.

For gender-based harassment, it refers to any unwanted and uninvited sexual actions or remarks against any person regardless of the motive, whether in-person or online, broadcast or in print, during the election period, for any election-related activity including but not limited to campaign activities, including but not limited to the following:

• Physical, psychological, and emotional threats, unwanted sexual misogynistic, transphobic, homophobic, and sexist remarks and comments whether publicly or through direct and private communications or messages;
• Invasion of the person's privacy through stalking and incessant messaging whether online or personally;
• Uploading and sharing without the consent of the person, any form of media that contains photos, voice, or video with sexual content;
• Any unauthorized/unlawful recording and sharing of any of the person's photos, videos or any information online;
• Impersonating identities of persons online, publishing or posting lies about candidates and immediate family members to harm their reputation;
• Catcalling, wolf-whistling, unwanted invitations, misogynistic, transphobic, homophobic, and sexist slurs;
• Persistent uninvited comments or gestures on a person's appearance, gender orientation, and gender identity;
• Relentless requests for personal details;
• Statement of sexual comments and suggestions;
• Lewd sexual actions;
• Persistent telling of sexual jokes, use of sexual names; and
• Any acts or advances, whether verbal or physical, that are unwanted and have threatened one's sense of personal space and physical safety including cursing, leering and intrusive gazing, and taunting

In a chance interview, Comelec Chairman George Erwin Garcia expressed his belief that campaigning should not be a reason to disrespect certain groups, sectors and members of the vulnerable sector.

"Alam niyo po nakakalungkot sapagkat madami na po tayo sa mga kampanya nung nakakaraan, na gumagamit ng mga pananalita na sa ating palagay ay 'foul' na, at the same time violation din ng iba pang batas natin (It's disheartening because we've seen many campaigns in the past where language was used that we consider 'foul,' and at the same time, it also violated some of our other laws)," he said.

He said this especially occurs once the local campaign starts, because that's the time when disrespect for each other and others often emerge, particularly during the campaigning.

The resolution also mentions "labeling" which refers to the act of categorizing, classifying labeling, branding, associating, naming and accusing individuals, groups and/or organizations as "vocal dissenters" and activists or subversive group sympathizers or terrorists, or belonging to a criminal group/syndicate without evidence, whether in-person or online, broadcast or in print, during the election period and in connection with or in relation to any election-related activity, including but not limited to campaign activities, shall include, among others:

• Posting of articles or photos or videos or audio clips in any social media plafforms, websites, podcasts, blogs, vlogs, and other online and internet-based plafforms, labeling or associating a candidate as or with a criminal, any subversive or terrorist group;
• Posting of materials in public areas which contain photographs or words pertaining to criminals, membership to or member of subversive groups, or terorists with the name or photograph of a candidate;
• Unauthorized/unlawful inclusion of the name of a candidate in any article, whether published online or in print which labels or brands the former as a criminal, or associates him/her with any subversive or terrorist group;
• Publishing contents, making speeches, or during an interview which labels or brands the candidate as a criminal or associates him/her to any subversive or terrorist group; and
• Causing to advertise, publish or distribute in any form of media, whether through broadcast media social media radio, newspaper or published articles against a candidate which Iabels or brands him/her as a criminal or associate him/her to subversive or terrorist group or belonging to a criminal group/syndicate.

No more red-tagging

Asked if red-tagging is included, Garcia said that "kasama po ang lahat ng iyan (all of that is included)."

"We would like to express our deepest regret sa kokondena sa amin dahil lamang sa nilalagay namin yang ganyang bagay na tamang namang ginagawa't nilalagay ng Comelec sa pagtatama ng mga mali na nangyayari in the past (We would like to express our deepest regret to those who condemn us simply because we are doing and implementing things that the Comelec rightly does to correct past mistakes)," he said.

"We are not condemning the actions of other agencies of government. What we are saying is we are condemning the act per se because that is wrong, because that is illegal," he added.