References: 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. Constitution, Art.III, Sec.4.

www.lawphil.net

Peer Review Comments: While the law guarantees freedom of media, it should also be acknowledged that such freedom belongs exclusively to the owners of media -- print, broadcast, and TV. In the Philippines, most media companies are owned by families who have business and political interests to protect. Such interests prohibit the free expression of people who have interests contrary to those of the owners of media.

References: 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. Constitution, Art. III, Sec. 4.

www.lawphil.net

Peer Review Comments: While the law guarantees freedom of speech, the institutions that are supposed to protect such freedom are weak. This weakness thus inhibits the people to fully exercise their freedom of speech.

References: Interview with Yvonne Chua, journalist (formerly Philippine Center for Investigative Journalism, now professor of mass communications, University of the Philippines), Sept. 12, 2007, Quezon City.

Interview with Vincent Lazatin, executive director of Transparency and Accountability Network, Sept. 11, 2007, Quezon City.

Peer Review Comments: Those who know how politics operates in the Philippines cannot deny that the government can either tighten or loosen its grip on the media whenever a print media entity is suspected of being "uncooperative" to the programs of the state. This is more evident among local rather than national print media outfits. In Mindanao alone, several opposition-owned print media outlets were not able to sustain their operations due to the threats and harassment their editors and reporters received from some government officials or from people who are directly linked with government officials.

Peer Review Comments: I am not optimistic about government abstention from media interference. The press is not very free, as evidenced by specific indicators (for example, police raids).

[ LINK ] [ LINK ]

Freedom House considers the press partially free (because of lack of government assistance in preventing violence and in astute media manipulation by senior politicians). As such, I disagree that there are no government barriers to media.

References: Print media need no license.

Peer Review Comments: This is a difficult question. The media IS licensed in a program introduced after martial law - in the BMC and the KBP.

[ LINK ]

While it is true that the press is vibrant, there are petty rants and raves about licensing. [ LINK ]

Licensing is "self-regulated," but that program was established, monitored and enforced by the government.

References: Interview with Yvonne Chua, journalist (formerly Philippine Center for Investigative Journalism, now professor of mass communications at University of the Philippines), Sept. 12, 2007, Quezon City.

Interview with Vincent Lazatin, executive director of Transparency and Accountability Network, Sept. 11, 2007, Quezon City.

References: Interview with Yvonne Chua, journalist (formerly Philippine Center for Investigative Journalism, now professor of mass communications at University of the Philippines), Sept. 12, 2007, Quezon City.

Interview with Vincent Lazatin, executive director of Transparency and Accountability Network, Sept. 11, 2007, Quezon City.

References: Interview with Yvonne Chua, journalist (formerly Philippine Center for Investigative Journalism, now professor of mass communications at University of the Philippines), Sept. 12, 2007, Quezon City.

Interview with Vincent Lazatin, executive director of Transparency and Accountability Network, Sept. 11, 2007, Quezon City.

Peer Review Comments: Broadcast media outfits have to obtain a broadcast franchise from Congress. The success or failure to obtain said franchise is highly political. Inasmuch as owners of broadcast media have to deal with legislators in Congress, more often than not, a deal has to be struck between the powerful committee concerned in Congress and the owners of the broadcast outfit. Hence, barriers are completely contingent on the bargaining power of contending forces.

Peer Review Comments: Act 3846 requires a parliamentary approval to start a TV/radio station. What criteria they use in approving the application is anyone's guess, as the statute does not provide clear guidelines nor allow for delegated legislative authority in the National Telecommunications Commission.

However, the NTC itself does have a circular 11-21-88, which outlines the procedure for walkie-talkies and hobby radio operators.

There is a lack of transparency in obtaining the permission. Naturally, there are great economic and social reasons for regulating mass media licenses, so proof of restriction does not constitute evidence that the country's authorities are bad guys.

If an existing media-franchise is REVOKED, then the media-entity has recourse to the courts if it feels that the revocation is unjust.

References: Interview with Yvonne Chua, journalist (formerly Philippine Center for Investigative Journalism, now professor of mass communications at University of the Philippines), Sept. 12, 2007, Quezon City.

Peer Review Comments: This does not sound to me what is typically meant by an appeal, but rather simply a reapplication.

Peer Review Comments: Again, the question is tricky.

I would not call the reintroduction of a Bill an "appeal."

References: Interview with Yvonne Chua, journalist (formerly Philippine Center for Investigative Journalism, now professor of mass communications at University of the Philippines), Sept. 12, 2007, Quezon City.

Interview with Vincent Lazatin, executive director of Transparency and Accountability Network, Sept. 11, 2007, Quezon City.

Peer Review Comments: Broadcast media outfits have to obtain a broadcast franchise, not license, from Congress. Whether such a franchise is released "on time" or not purely depends on the lobbying skills and sufficiency of funds of the owners of the broadcast entity concerned to engage the legislators into releasing to them a franchise.

References: Interview with Yvonne Chua, journalist (formerly Philippine Center for Investigative Journalism, now professor of mass communications at University of the Philippines), Sept. 12, 2007, Quezon City.

Interview with Vincent Lazatin, executive director of Transparency and Accountability Network, Sept. 11, 2007, Quezon City.

Peer Review Comments: Let us not forget the requirement to obtain a permit from the Secretary of Commerce and Industry and the finishing touches (allocation of frequencies and other details) by the Secretary of Commerce and Communications. Lobbying is a factor in addition to cost.

[ LINK ] [ LINK ]

References: Interview with Yvonne Chua, journalist (formerly Philippine Center for Investigative Journalism, now professor of mass communications at University of the Philippines), Sept. 12, 2007, Quezon City.

Interview with Vincent Lazatin, executive director of Transparency and Accountability Network, Sept. 11, 2007, Quezon City.

Peer Review Comments: The reviewer relies too heavily on Mr. Chua and Lazatin. The government has powers to regulate and restrict Internet use.

The Philippines has enacted laws to cover different types of cyber crime, including computer hacking, virus distribution, computer fraud and computer forgery.

In India, cyber cafés and the homes of Internet users can be searched at any time without a warrant if cyber crime is suspected. The Information Technology Act of 2000 contains provisions that allow authorities to crack down on Internet content deemed objectionable.

[ LINK ]

References: Interview with Yvonne Chua, journalist (formerly Philippine Center for Investigative Journalism, now professor of mass communications at University of the Philippines), Sept. 12, 2007, Quezon City.

Interview with Vincent Lazatin, executive director of Transparency and Accountability Network, Sept. 11, 2007, Quezon City.

Peer Review Comments: It also should be noted that the government does not have the capability to censor citizens creating content online.

References: Penal Code, Art.361: "In every criminal prosecution for libel, the truth may be given in evidence to the court and if it appears that the matter charged as libelous is true, and, moreover, that it was published with good motives and for justifiable ends, the defendants shall be acquitted."

www.lawphil.net

Peer Review Comments: Law diverges from practice, where many journalists are sued for libel.

[ LINK ]

I would also like to point out that the reviewer relies on criminal sanctions. The Philippine Supreme Court, like US courts, relies on public interest to uphold rights of journalists.

[ LINK ]

References: Interview with Yvonne Chua, journalist (formerly Philippine Center for Investigative Journalism, now professor of mass communications at University of the Philippines), Sept. 12, 2007, Quezon City.

Interview with Vincent Lazatin, executive director of Transparency and Accountability Network, Sept. 11, 2007, Quezon City.

Peer Review Comments: In my view, this does occur through three channels: 1) the self-regulatory agency (least important, though it fails to protect journalists); 2) fear of violence; and 3) lack of income from corrupt sources.

Policy failure to protect journalists is tantamount to censorship (though the score given is about right).

References: Interview with Yvonne Chua, journalist (formerly Philippine Center for Investigative Journalism, now professor of mass communications at University of the Philippines), Sept. 12, 2007, Quezon City.

Interview with Vincent Lazatin, executive director of Transparency and Accountability Network, Sept. 11, 2007, Quezon City.

Peer Review Comments: I would argue that the government and other powerful figures frequently use coercion or collusion to censor stories.

References: Interview with Yvonne Chua, journalist (formerly Philippine Center for Investigative Journalism, now professor of mass communications at University of the Philippines), Sept. 12, 2007, Quezon City.

Peer Review Comments: No law requires print media to disclose their owners.

Peer Review Comments: If the media organization is informally constituted, then no formal reporting requirement exists.

But this is not the case for all unregistered companies or NGOs (who are regulated by a self-regulatory regime I described previously).

If a media COMPANY (and I stress the word because it is used above in the answer) is in question, then disclosure is requirements (to the government at least).

References: The Constitution, Art XVI, Sec 1 (1), requires ownership of media entities to be entirely Filipino. The Corporation Code (B.P. 68, Sec. 14) requires disclosure of the ownership of corporations to the Securities and Exchange Commission. Proprietorship must be registered with the Department of Trade and Industry. See www.lawphil.net

Interview with Yvonne Chua, journalist (formerly Philippine Center for Investigative Journalism, now Professor of Mass Communications, University of the Philippines), September 12, 2007, and Jan. 8, 2008 Quezon City.

Peer Review Comments: The Philippine Constitution has a nationality requirement in the ownership of a media entity (see Article XVI, Section 11[1]). Congress requires that this constitutional provision is not violated by requiring owners of broadcast media to reveal their owners prior to the issuance of a franchise. The case of PLDT's attempt to buy shares of GMA-7 is instructive. A resolution in the House of Representatives was filed to examine this venture, as the controlling stock of PLDT is foreign.

Peer Review Comments: According to the reviewer, most media organizations disclose to someone (except for SPs).

I cannot accept that absolutely no requirement exists, justifying a "no" vote to this question.

References: Center for Media Freedom and Responsibility Monitor of Media Coverage of the 2007 Elections, 2007 (www.cmfr-phil.org)

Interview with Yvonne Chua, journalist (formerly Philippine Center for Investigative Journalism, now professor of mass communications at University of the Philippines), Sept. 12, 2007, Quezon City.

Peer Review Comments: This is a challenging question.

Some of the more respected news agencies provide a very professional level of reporting. But Philippine media has often been described as "free-wheeling."

References: Center for Media Freedom and Responsibility Monitor of Media Coverage of the 2007 Elections, 2007 (www.cmfr-phil.org)

Interview with Yvonne Chua, journalist (formerly Philippine Center for Investigative Journalism, now professor of mass communications at University of the Philippines).

Peer Review Comments: This question is problematic in a non-US context, but 75 seems correct for the following reasons.

In the EU and much of the rest of the world, particular newspapers are supposed to represent particular views (Le Monde is to the right, Figaro to the left; Times is to the right, Guardian is to the left).

So, slant in papers is not prima facie proof of a dysfunctional media sector.

The reviewer is right that things have improved in the Philippines.

[ LINK ]

References: Center for Media Freedom and Responsibility Monitor of Media Coverage of the 2007 Elections, 2007 (www.cmfr-phil.org)

Interview with Yvonne Chua, journalist (formerly Philippine Center for Investigative Journalism, now professor of mass communications at University of the Philippines), Sept. 12, 2007, Quezon City.

Peer Review Comments: State-owned media outlets serve the interests of those who currently wield political power.

Peer Review Comments: I am not so pessimistic because, according to the previously cited reports form the Centre for Media Freedom and Responsibility, election coverage has improved since last year.

References: "Broadcaster lands in jail," by Jose Bimbo F. Santos, PJR Reports, April 2007, pages 32-34.

Center for Media Freedom and Responsibility Website: [ LINK ]

Interview with Yvonne Chua, journalist (formerly Philippine Center for Investigative Journalism, now professor of mass communications at University of the Philippines), Sept. 12, 2007, Quezon City.

References: Transparency International National Integrity Systems Country Study Report: Philippines 2006, by Gabriella Quimson (www.transparency.org), page 30: "Because the media is a watchdog against corruption, politicians have tried to muzzle it through regulations. Even more seriously, its enemies have resorted to murdering journalists."

Peer Review Comments: I concur. See:

[ LINK ]

References: Transparency International National Integrity Systems Country Study Report: Philippines 2006, by Gabriella Quimson (www.transparency.org).

Asia News Report Survey 2006, The Annual Report Asia 2005, Reporters Sans Frontieres (RSF), Paris 2005.

Peer Review Comments: A more recent source that cites killings: [ LINK ]).