Republic of the Philippines

UNIVERSITY OF ANTIQUE
Sibalom, Antique

COLLEGE OF ARTS AND SCIENCES

Module in COMM 5 (Communication, Media and Society)

Lesson 4: Regulatory Mechanism and Media Freedom

Starting Accurately (Introduction)

In this lesson, you are expected to: (Learning Objectives)

• Explain the salient provisions of the common regulatory bodies in the media industry; and
• Discuss the importance of regulatory measures in the practice of press freedom

Inculcating Concepts (Input/Lesson Proper)

On Press Freedom in America

• The US Constitution mentions only one industry by name to deserve special attention- the press. It
has noted that democracy- government by the people- requires a free press. The framers of the
Bill of Rights understood this because of their experience with the European monarchies from
which they and their forebears had fled. They based their guarantee of this privileged position to
the press on libertarianism, the philosophy that people cannot govern themselves in a democracy
unless they have access to the information they need for that governance.
• Libertarian philosophy is based on the self-righting principle.
• The absolutist position ‘no law means no law’ is not as straightforward as it may seem. Questions
have arisen over the definition of the press; what is abridgement; balancing of interests; the
definition of libel and slander; the permissibility of prior restraint; and control of obscenity and
pornography.
• Media professionals face other legal issues such as how to define and handle indecent content,
the impact of deregulation, and the limits of copyright.
• Social responsibility theory is the norm against which the operation of the American media system
should be judged.
• The media reform movement generated in response to government plans to further relax industry
regulation shows that a media literate public understands the necessity of a free and democratic
media system.

On Press Freedom in the Philippines

• Freedom of the press has been guaranteed in all Philippine constitutions since the country gained
its independence from the United States in 1946.

• The 1987 Constitution sets forth this guarantee in Section 4, Article III ( Bill of Rights) which says
that “No law shall be passed abridging the freedom of speech, of expression, or of the press, or
the right of the people peaceably to assemble and petition the government for redress of
grievances.”

• The provision is basically patterned after the First Amendment to the United states Constitution in
1791. The First Amendment, also a part of the original US Bill of Rights, is stated simply: the
Congress shall make no law respecting an establishment or religion, or prohibiting the free
exercise thereof; or abridging the freedom of speech, or of the press.

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Examples of Media Regulatory Bodies in the Philippines

1. National Telecommunications Commission (NTC) –

Mission of NTC and its Legal Bases

To regulate the installation, operation and maintenance of radio stations both for private and public
use. (Radio Control Law, Act No. 3846, as amended)
To regulate and supervise the provision of public telecommunications services (Radio Control Law,
Act No. 3846, as amended and Public Telecommunications Policy Act of 1995, RA No. 7925)
To manage the radio spectrum (Radio Control Law, Act No. 3846, as amended and Public
Telecommunications Policy Act of 1995, RA No. 7925)
To regulate and supervise radio and television broadcast stations, cable television (CATV) and pay
television (EO No. 546 and EO No. 205)

2. Kapisanan ng mga Broadcasters sa Pilipinas (KBP)

The Kapisanan ng mga Brodkaster ng Pilipinas (KBP) is a non-government, non-profit organization of
the broadcast media in the Philippines. Its aims include the promotion of an independent and free
broadcast media, responsible broadcasting, enhanced public service by broadcasters, advancement
of innovation in broadcasting, and the development of Philippine broadcasting.

The KBP was organized on April 27, 1973, initially with 19 members but grew within a few months to
include practically all radio and television broadcast stations in the country at that time. Martial law
had just been declared before the KBP was organized. In view of this, the KBP worked with the
Broadcast Media Council (BMC), a self-regulatory council appointed by the government for the
broadcast industry, in formulating and implementing policies for the development of Philippine
broadcast media.

After the lifting of martial law, the Broadcast Media Council was dissolved and the KBP, as a private
association of broadcast operators, established its own system of self-regulation and standards for
radio and television stations in the country.

The KBP represents the interests of the broadcast media in advancing the cause of a free and
responsible broadcast media and helping its members maintain a relevant role in Philippine society
in the 21st century.

We promote high professional and ethical standards among our members in news, programming,
and business practices.

Broadcast Code
The KBP Broadcast Code provides Filipino broadcasters with practical guidelines for professional and
ethical broadcasting. The guidelines have been hammered out by owners, managers, producers,
journalists, and other broadcast practitioners and are therefore adapted to realities in Philippine
broadcasting. Read or download the Broadcast Code. If you’ve noticed a lapse in the observance of
the Broadcast Code by a KBP member station, you may report it to the KBP Standards Authority,
which is responsible for enforcing the Code among members.

Announcers Accreditation
KBP accredits announcers and other regular on-air personnel of member stations to ensure that they
possess sufficient knowledge of professional and ethical broadcast standards.

Broadcasters’ Continuing Education

Starting 2016, the KBP is implementing a continuing education program for broadcasters featuring
courses on news reporting, broadcasting and the law, and ethical broadcasting.

Broadcast Advocacy
We strive to enhance broadcasting’s contribution to society as a medium of free speech and
expression.
Public Service Airtime
Every year the KBP asks its member stations to set aside airtime for Public Service Announcements
(PSA) for social advocacies supported by the KBP.

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 Broadcastreeing
The KBP conducts an annual tree-planting program involving its Local Chapters in various parts of the
country to help alleviate the impact of climate change on the environment.

Unofficial Election Results

The KBP has been entitled under R.A. 9369 law to receive the electronically transmitted election
returns from voting precincts and has been authorized by the Commission on Elections (COMELEC)
to conduct an unofficial advanced count of the election returns, which is then disseminated to the
public by broadcast stations.

3. Movie and Television Review and Classification Board (MTRCB)

MTRCB was created through PD 1986 by the late former President Ferdinand Marcos. It is under
the Office of the President and has been mandated to regulate and classify movies, television
programs, related publicity materials and/or promotional materials thereof.

Vision (FOR THE PUBLIC)

Encourage value-based media and entertainment culture

FOR THE FILM AND TELEVISION INDUSTRIES:

Be an enabling and effective partner of the industries toward authentic self-regulation

FOR THE WORKPLACE:

Uplift the standard and spirit of service of its human resources

Mission
A globally-competitive movie and television industries
Age-appropriate media as an indispensable tool for moral recovery and nation building recovery
and nation building

Mandate
Regulate and classify motion pictures, television programs, and publicity materials
Promote an environment leading to authentic and responsible self-regulation in the film and
television industry
Initiate plans and cooperate with the movie and television industries as sources of fueling the
national economy
Empower the Filipino family, particularly parents and at the grassroots level, such that family
members are able to evaluate and intelligently choose media and entertainment content
Promote a value-based media and entertainment culture

4. Philippine Press Institute (PPI)

Founded in 1964 and reactivated in 1987

The Philippine Press Institute (PPI), also known as the national association of newspapers and
considered the oldest professional media organization in the country, is a non-stock, non-profit private
organization duly registered with the Securities and Exchange Commission whose principal mandate is
to defend press freedom and promote ethical standards for the professional development of the Filipino
journalist.

The institute conducts training programs and organizes educational activities for Filipino journalists,
seeks to protect their rights and freedoms in the pursuit of their practice, creates and introduces
opportunities for the development of the journalist as a practitioner.

PPI’s flagship programs are Civic Journalism, National Press Forum, and the Community Press Awards.
With its local partners, the institute plans and implements regular seminars and workshops on writing,
libel and ethics, newspaper management, and coverage of special interest activities, i.e. environment,
business and economy, health, science and technology, children’s rights, women’s issues, ethnic conflicts,
governance, elections and surveys, multimedia, social media, among others. It conducts occasional
roundtable discussions among editors and publishers on ethics and industry affairs.

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 Philippine Press Institute’s Code of Ethics for Journalists

1. I shall scrupulously report and interpret the news, taking care not to suppress essential facts nor to
distort the truth by omission or improper emphasis. I recognize the duty to air the other side and the
duty to correct substantive errors promptly.
2. I shall not violate confidential information on material given me in the exercise of my calling.
3. I shall resort only to fair and honest methods in my effort to obtain news, photographs and/or
documents, and shall properly identify myself as a representative of the press when obtaining any
personal interview intended for publication.
4. I shall refrain from writing reports which will adversely affect a private reputation unless the public
interests justifies it. At the same time, I shall write vigorously for public access to information, as
provided for in the constitution.
5. I shall not let personal motives or interests influence me in the performance of my duties; nor shall I
accept or offer any present, gift or other consideration of a nature which may cast doubt on my
professional integrity.
6. I shall not commit any act of plagiarism.
7. I shall not in any manner ridicule, cast aspersions on or degrade any person by reason of sex, creed,
religious belief, political conviction, cultural and ethnic origin.
8. I shall presume persons accused of crime of being innocent until proven otherwise. I shall exercise
caution in publishing names of minors, and women involved in criminal cases so that they may not
unjustly lose their standing in society.
9. I shall not take unfair advantage of a fellow journalist.
10. I shall accept only such tasks as are compatible with the integrity and dignity of my profession, invoking
the “conscience clause” when duties imposed on me conflict with the voice of my conscience.
11. I shall comport myself in public or while performing my duties as journalist in such manner as to
maintain the dignity of my profession. When in doubt, decency should be my watchword.

Newspaper Ethics. For newspapers, here are some general rules to follow:

1. Obscenity is against the law.

2. Stick to objective and unbiased reports.
3. Don’t print pictures that will offend the ordinary reader’s taste or sensibility.
4. Don’t ‘play around’ with your stories.
5. A person is always innocent until proven guilty by the court.

Using/Applying Knowledge (Application)

Point for Discussion:

* Ethics are rules of behavior or moral principles that guide our actions. They are not regulations, but
they are every bit as important in guiding media professionals’ behavior.

What ‘ethical question or consideration’ do you think should a media practitioner should always have in
mind or should internalize

Project for the Midterm:

Research for a real news or feature article online that speaks of or demonstrates the
significance/value/function/role of media in the country’s economic or political landscape? Look only for one
and discuss your views about it in a reaction paper following the format belo:

I. Introduction ( include here a short summary of the article, 1 short paragraph)

II. Discussion ( Elaborate how media contributed to either the economic/political situation( choose only 1)
of the place. You may react if you think that contribution was positive or negative.- 2 short
paragraphs only)
III. Conclusion ( at least 2 sentences only)