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ABS-CBN Broadcasting Corporation vs. COMELEC

ABS-CBN BROADCASTING CORPORATION, PETITIONER, VS. COMMISSION ON ELECTIONS, RESPONDENT.

G.R. No. 133486 | 2000-01-28

D E C I S I O N
 
PANGANIBAN, J.:
 
The holding of exit polls and the dissemination of their results through mass media constitute an essential part of the freedoms of speech and of the press. Hence, the Comelec cannot ban them totally in the guise of promoting clean, honest, orderly and credible elections. Quite the contrary, exit polls -- properly conducted and publicized -- can be vital tools in eliminating the evils of election-fixing and fraud. Narrowly tailored countermeasures may be prescribed by the Comelec so as to minimize or suppress the incidental problems in the conduct of exit polls, without transgressing in any manner...