Truth Telling and other Perils in “Democratic” Philippines
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The question of what reality and whose reality is presented through the
media is linked to who own and control the media and in whose interest that
control is exercised. The mass media, when controlled by competing interests,
can present a multiplicity of views rather than a single, dominant perspective.
That alone makes the issue of whether or not foreign media ownership should
be allowed, indeed even encouraged, important.
Allowing foreign ownership of the media is among the Constitutional
amendments various Philippine governments, including that of Joseph Estrada
and Gloria Macapagal Arroyo, have proposed. The proposals to open media
ownership were outlined, for example, in a draft of the Medium-Term
Philippine Development Plan 2004–2010. It has been argued that opening the
media to foreign ownership would be divisive and ill-advised (Southeast Asia
Press Alliance 2004).
Ownership concentration
Section 11 of Article XVI of the Philippine Constitution empowers Congress
to “regulate or prohibit monopolies in commercial mass media when the public
interest so requires.” But there is no clear limit on ownership in one media and
across media (print and broadcast). Specic legislation is needed to regulate
media ownership. In most countries, this is done through broadcasting
legislation. Limiting cross ownership of the media could help ensure diversity
of content, reecting the diversity of viewpoints and the diversity of society as a
whole, and to prevent the manipulation of public opinion by powerful business
or political interests.
The Constitutional provisions on mass media ownership have largely been
observed in practice. Foreigners do not own Philippine-based media
organizations, although some local entrepreneurs have acquired the local
franchise of foreign media groups. Some Filipino corporations, however, do
own print publications such as magazines, while at the same time being
involved with radio and TV broadcasting, as is the case with the giant Benpress
Corporation of the Lopez family.
National security offenses
The Revised Penal Code of the Philippines contains provisions relating to
national security offenses, among which the crime of incitement to rebellion or
insurrection (Article 138) can have and has had an effect on the media, since it
includes incitement to rebellion through “speeches, proclamations, writings,
emblems, banners or other representations tending to the same end”. A number
of journalists in 2006 were threatened with this charge, while the Philippine
Center for Investigative Journalism was accused of this offense, with charges
actually being led in court.
Article 154 penalizes any person who publishes “false news which may
endanger the public order, or cause damage to the interest or credit of the State”,
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