Truth Telling and other Perils in “Democratic” Philippines
217
somewhat lesser in scope than the freedom accorded to newspaper and print
media.” Citing US jurisprudence to defend its view, the Court invoked an
American case which declared that broadcasting has only limited protection in
terms of free expression because it is more pervasive and more readily
accessible to children. Nevertheless, the Supreme Court afrmed that
“broadcast stations deserve the special protection given to all forms of media by
due process and the freedom of expression [provisions] of the Constitution.”
Broadcast licensing
All radio companies in the Philippines are required to have certicates of
public convenience and necessity from the National Telecommunications
Commission (NTC), as specied in Executive Order No. 546 issued 23 July 1979.
At the same time they need a legislative franchise to operate, as specied in the
Philippine Constitution's Article XII, Section 11.
Radio companies must le their applications with the NTC, as well as an
application for a franchise with the House of Representatives of the Congress of
the Philippines, following administrative procedures specied by both. NTC
has the power to administer and enforce all laws, rules and regulations in the
eld of communications. As in the case of other Philippine government
Commissions, NTC Commissioners are appointed by the President of the
Philippines.
During the 2005-2006 political crisis in the Philippines over the legitimacy of
the President, the NTC threatened to revoke the broadcast media licenses of
organizations that continued to air the wiretapped conversations between
President Gloria Macapagal-Arroyo and Election Commissioner Virgilio
Garcillano. The Kapisanan ng mga Brodkaster ng Pilipinas (KBP), the selfregulatory board for broadcast media, later objected to the NTC warning.
Eventually, KBP announced that the media may broadcast the conversations.
Self-regulatory mechanisms
Self-regulation in the Philippines has been described as largely a means of
balancing the interests of the government and private media sector (Teodoro
and Kabatay 2006). KBP is the self-regulatory body of broadcast media.
Broadcast industry representatives created the KBP during the martial law
period under a government mandate for the broadcast media to regulate
themselves. After the collapse of the Marcos dictatorship, however, the KBP
became the primary trade organization in broadcasting as well as the
regulatory body for broadcasting.
The KBP Standards Authority enforces standards in programming,
advertising and trade practice through its Broadcast Code. The KBP Board of
Directors, which consists of individuals from the broadcast industry, appoints
the members of the Authority from the broadcast industry, academia (usually
from the University of the Philippines) and the advertising industry. The
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