[Requester: Albert Brian Gimao]
THE PHILIPPINES is a sovereign republic, which means they are governed by the rule of law and such application spreads throughout the archipelago.
We have enacted laws that regulate industries and we have its corresponding departments and agencies to execute.
In the mass media industry, specifically on television, we have legislation from setting aside time for children’s television to place closed captioning in every program possible.
When the President signs them into law, the implementing rules and regulations (IRR) were automatically crafted. Subsequent rulings and orders issued from the government agencies, such as the National Telecommunications Commission (NTC) and Movies, Television Review and Classification Board (MTRCB), together with non-government associations such as the Kapisanan ng mga Brodkaster ng Pilipinas (KBP), made up the official interpretation on the potential legal loopholes.
While its proper implementation remains problematic, there are some other laws around the world concerning the industry that can be done here.
Economic Provision Amendments
While Congress is in the tug-of-war over constitutional reform, particularly on the shift to federalism, we have to magnify other provisions of the supreme law that need attention.
Section 11 of Article XVI (General Provisions) of our current Constitution mentioned the oxymoronic restrictions in the mass media industries.
First, the ownership and management of mass media is limited to Filipino citizens, or to corporations, cooperatives or associations, wholly owned and managed by such citizens and second, the Congress shall regulate or prohibit monopolies in commercial mass media when the public interest so requires and no combinations in restraint of trade or unfair competition therein shall be allowed.
In light of the Rappler’s revocation and in preventing any further incidents, the solution seems so obvious: remove the restrictive provisions.
While the chance of its materialization is slim due to obscurity and diversions amid the unquenchable dumpster fire, there are other laws that can be amended.
National Broadcaster’s Reorganization & Total Internal Reform
This is what President Rodrigo Duterte really wanted on his maiden State of the Nation Address (SONA) in 2016 – the merger and reorganization of People’s Television (PTV) and Philippine Broadcasting Service (PBS) into one national public broadcasting entity. So far, it is on the table and is not labeled as a priority measure.
While his predecessor, former President Benigno Aquino III signed the amendment that allowing advertisements and capital infusion, the materialization is somewhat slow despite the new equipment rolling out this year.
While the network has enough social media handles, their marketing department fell into disuse; hence, Erwin Tulfo’s socmed handles were printed on a billboard in Quezon City (pictured above).
Inspired by Toby Mendel’s draft template of model public broadcasting, much is needed to be done to become a fully-fledged public broadcasting entity.
Conversely, not all of the provisions will copy-paste verbatim. While allowing independent production companies already happened (e.g. Ron Delos Reyes’ Auto Review is produced by his Visions in Action Production & Events Co. Ltd.), sponsorships may not be permitted. However, the accountability and impartiality portion would be the major focus.
Interestingly, however, Mendel and The Turf had a common sentiment on one form of funding – the license fee – and where would they be placed (i.e. electric bill). We proposed that last March but admittedly proved to be unpopular — and how now with the tax reform law (popularly abbreviated as TRAIN) in effect.
Still, it may not go to fruition but at least, this would help…
Allowing Party Political Broadcast or Political Fringe
During election season, the Fair Elections Act (R.A. 9006) deals with the time limit for each candidate during the campaign period – 90 days before Election Day for national positions, 45 for representative and local positions. They are allowed to campaign on radio and television during commercial breaks:
National positions: up to 120 minutes for TV and up to 180 minutes for radio
Local positions: up to 60 minutes for TV and 90 minutes for radio
In Westminster-style countries of governance like the United Kingdom and Singapore, political advertising is not allowed but they have an allocated time to air their party political broadcasts. In some Latin American countries, their party political broadcast is called the electoral fringe (franja electoral).
The only difficult hindrance is to have major networks working together, aside from the agreed-upon debates.
Are there any broadcast laws around the world that can be replicated in our country? Do drop us in the comments.
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While the federalism train is on the roll, why not try the three measures provided here? THE PHILIPPINES is a sovereign republic, which means they are governed by the rule of law and such application spreads throughout the archipelago.
