Kagawads as Avengers? Not cool, says Comelec

MANILA, Philippines — Aside from “dumbing down” the elections, candidates using images from blockbuster movies like the Avengers for their campaign posters can get themselves sued for copyright infringement, the Commission on Elections (Comelec) said yesterday.

“By the way, actually it is not cool to replace the face of an Avenger with your own face. Baduy yun (It’s in bad taste),” Comelec spokesman James Jimenez posted in his Twitter account @jabjimenez.

Jimenez’s reminder came as the country prepares for the May 14 barangay and Sangguniang Kabataan elections.

“So what now? Does it mean that whoever has the coolest poster should win? Just like that?  You treat the voters like stupid,” he said.

Candidates who resort to such campaign gimmicky “should be sued for copyright infringement,” Jimenez said.

But he admitted that banning such campaign posters is beyond the authority of the Comelec as “that would be content-based prior restraint.”

He said the Comelec is more concerned about the size of campaign posters and if they are displayed in “common poster areas” identified by the poll body’s election officers.

“It’s very simple – if it is posted outside of the common poster area, it is illegal. There is only one exception – to display the materials on private property with the permission of the owner,” he added.

Based on Comelec Resolution No. 10294, the maximum allowable poster size is two feet by three feet. For streamers used in rallies, the size should not exceed three feet by eight feet and they should be taken down right after the activity.

The resolution stated that “any and all election propaganda should bear and be identified by the reasonably legible or audible words ‘political advertisement paid for’ followed by true and correct name of the candidate, as well as the words ‘printed free of charge’ or ‘airtime for this broadcast was provided free of charge.”