asia media barometer - fes

7/29/2019 Asia Media Barometer - FES

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A locally based analysis of the media

landscape in Asia

THE PHILIPPINES 2011

ASIAN

MEDIA

BAROMETER


2/107

Published by:Friedrich-Ebert-Stiftung (FES)

Hiroshimastrae 17

10785 Berlin

Germany

Contact person:Rolf Paasch Berthold Leimbach

Media Coordinator Resident Representative

Friedrich-Ebert-Stiftung (FES) Friedrich-Ebert-Stiftung Philippines

Berlin, Germany Manila, Philippines

[email protected] [email protected]

ISBNNo. 978-971-535-034-1


3/107ASIAN MEDIA BAROMETER THE PHILIPPINES 2011 1

CONTENT

SECTOR 1: 9Freedom of expression, including

freedom of the media, is effectively

protected and promoted.

SECTOR 2: 31

The media landscape, including newmedia, is characterised by diversity,

independence and sustainability.

SECTOR 3: 49Broadcasting regulation is transparent

and independent; the State broadcaster

is transformed into a truly public

broadcaster.

SECTOR 4: 61The media practise high levels of

professional standards.


4/107ASIAN MEDIA BAROMETER THE PHILIPPINES 20112

Introuction to the Asian Meia

Barometer in the Philippines

TeAsian Media Barometer (ANMB) is an indepth and comprehensive descriptionand measurement system or national media environments in Asia. Unlike otherpress surveys or media indices theANMBis a local selassessment exercise basedon criteria derived rom international standards or media reedom.

At the same time the Asian Media Barometerserves as a practical lobbying toolor media organisations. Its results are presented to the public o the respectivecountry with the aim to push and lobby or an improvement o the media situationusing international standards as benchmarks. Tey are then integrated into theadvocacy work by the FESoces and their local partners.

Design and method o the Asian Media Barometer (ANMB) have been adaptedor Asia rom theAfrican Media Barometer (AMB), which is based on homegrowncriteria derived rom Arican Protocols and Declarations like the Declaration onPrinciples on Freedom o Expression in Arica (2002). Since 2005 the AfricanMedia Barometerhas been held more than 70 times in over 28 Arican countriesin intervals o 23 years. It oers FES and its local partners a longterm analysiso media landscapes and is used as a valuable instrument in their campaigns or

media reorms.

Yet, in Asia the situation is dierent. Tere have been individual attempts inseveral, especially South Asian countries to come up with a charter or indicators onreedom o expression and reedom o the media. Unortunately, these initiativeshave not been successully established within individual countries, let aloneimplemented on a subregional, or a more ambitious regional scale. In act, the

Joint Declaration o 2006 by the UN Special Rapporteur on Freedom o Opinionand Expression and his counterparts rom regional organisations notes that AsiaPacic region lacks such a mechanism.1

However, the lack o an Asian Charter or Declaration on Freedom o Expressionis no excuse or Asian governments to restrict media reedom or deny citizenstheir right to access inormation. Article 19 o the International Covenant onCivil and Political Rights (ICCPR), which guarantees reedom o expression,including the right to seek, receive, and impart inormation and ideas, appliesto all UN Member States. And in its General Comment rom July 2011 the UN

1 International Mechanisms or Promoting Freedom o Expression, Joint Declaration by the UN SpecialRapporteur on Freedom o Opinion and Expression, the OSCE Representative on Freedom o theMedia, the OAS Special Rapporteur on Freedom o Expression and the ACHPR (Arican Commissionon Human and Peoples Rights) Special Rapporteur on Freedom o Expression, 19.12.2011, http://www.article19.org/data/les/pds/igodocuments/ourmandatesdec2006.pd.



Human Rights Committee has just strengthened the protection o internationallaw on reedom o expression and provided authoritative guidance to state actorsto create an enabling environment or media reedom.2

Tus, the international benchmarks being used in theAsian Media Barometerhavebeen conrmed by the authority o the UNsystem.

Te only Asian document that is trying to suggest nonbinding benchmarks onmedia reedom is the Bangkok Declaration on Inormation and Broadcasting(2003).3 Here the Ministers o Inormation and Broadcasting rom variouscountries in the AsiaPacic region as well as heads o radio and televisionorganizations, policy makers, decision makers, scholars, and representatives ointernational organizations discussed and signed up to recommendations onFreedom o Inormation and Broadcasting Legislation.

Te conerence was organised by the AsiaPacic Institute or BroadcastingDevelopment (AIBD) and actively supported by the International elecommunication Union, UNESCO, United Nations and the FriedrichEbertStitung (FES). Its recommendations on reedom o inormation, reedom oexpression and on the transormation o state into public broadcasters concur withthe indicators o theAsian Media Barometer.

Ater the rst successul Asian Media Barometersor India and Pakistan (2009),Tailand (2010) and the Philippines (2011) the FESmedia project in Asia willbe deploying this instrument or monitoring the media landscapes and advocatingmedia reorms in more Asian countries.

Methoology: Every two to three years a panel o experts, consisting o at leastve media practitioners and ve representatives rom civil society, meets to assessthe media situation in their own country. For two days they discuss the nationalmedia environment according to 45 predetermined indicators on which they haveto score in an anonymous vote on a scale rom 1 to 5. Te indicators are ormulatedas goals which are derived rom international political protocols and declarations.

Te discussion and the scoring is moderated by a FES trained consultant who alsoedits the country report.

2 Human Rights Committee, One Hundred and second session, CCPR/c/GC, General Comment No. 34,Article 19: Freedoms o opinion and expression, Geneva, 1129 July 2011, http://www2.ohchr.org/english/

bodies/hrc/docs/gc34.pd (access 10.11.2011).3 Full text at http://www.aibd.org.my/node/693 (access 10.11.2011).



Scoring system: Ater the discussion o each indicator, panel members scorethat respective indicator in an anonymous vote according to the ollowing gradingsystem:

1 Country does not meet indicator

2 Country meets only a few aspects of indicator

3 Country meets some aspects of indicator

4 Country meets most aspects of indicator

5 Country meets all aspects of the indicator

Tat means, i the country does not meet the indicator the score will be 1 (one).

I the country meets all aspects o the indicator it would be a 5 (ve), which is thebest score possible.

Te sum o all individual indicator scores will be divided by the number o panelmembers to determine the average score or each indicator. Tese average indicatorscores are added up to orm average sector scores which then make up the overallcountry score.

Outcome: Te nal, qualitative report summarizes the general content o thediscussion and provides the average score or each indicator plus the sector scores

and the overall country score. In the report panellists are not quoted by name toprotect them rom possible repercussions. Over time the biennial or triannualreports measure the media development in that particular country and shouldorm the basis or a political discussion on media reorm.

Rolf Paasch Berthol Leimbach

Meia Coorinator Resient Representative

Frierich-Ebert-Stiftung Frierich-Ebert-Stiftung Philippines

Berlin, Germany Manila, [email protected] [email protected]



THE ASIAN MEdIA BAROMETER (ANMB)

THE PHILIPPINES 2011

Summary:

Te Philippines has one o the reest and most rambunctious media in all o Asia.

Tis is partly due to the strong protection o media reedom and ree expression,which has a long history in the country rom the Malolos Constitution o 1899 tothe current Constitution, which was ratied in 1987 ater the people power revolthad ended the 21year rule o the late strongman Ferdinand E. Marcos.

Under the Bill o Rights the Constitution guarantees reedom o expression andthe reedom o the press. It also arms the peoples right to access to inormationand documents in the possession o government agencies.

Yet despite a 15year advocacy by a broad coalition o citizens groups, legislatorshave still to pass the Freedom o Inormation Act, which spells out the proceduresor disclosing inormation. Having signed on to the drat Freedom o Inormation

Act as a senator, President Benigno Simeon C. Aquino III has recently raised anumber o concerns regarding the Act, giving no clear signal to Congress that he

wants the long overdue bill passed.

Tus, in practice it remains a dicult task or journalists and citizens to accessnancial and asset records o politicians and to secure documents rom nationalagencies. It is even harder to obtain inormation at the local government level.

A shield law rom 1956 protects reporters and editors rom having to reveal theirsources. Yet it was the Supreme Court which in 2009 tried to orce two journaliststo reveal their sources in a bribery case concerning some justices revealing howthe judiciary in the Philippines seems to have their own set o restrictions.

Furthermore, pending bills that try and extend this shield to broadcasting andonline journalists are stalling in Congress, as is the governments WhistleblowerProtection Act. Tis suggests a general lack o urgency concerning needed mediareorms in both the legislative and executive.

Apart rom the Constitution and the laws, jurisprudence has generally upheld ouraspects o press reedom in the Philippines, notably reedom o prior restraint,reedom rom subsequent punishment, reedom to publish and broadcast, andreedom o access to inormation. On the ground, however, many local courts have

little understanding o the liberal orientation o the Constitution.



Despite these strong constitutional and legal protections, in practice reedom oexpression is seriously impeded by various economic, cultural and political actors.

Te prevalent culture o impunity leads to selcensorship o journalists andprevents citizens rom asserting their right to speak their minds.

In a country tagged by the Committee to Protect Journalists (CPJ) as one o thedeadliest places in the world or journalists, it is eudal power that oten trumpsthe expression o citizens concerns. Te killing o 32 journalists and media workersin the town o Ampatuan in November 2009 only illustrated how local warlordsand power brokers can stie any orm o ree expression that contradicts theirpolitical or economic interests in most brutal ways.

Yet many journalists and citizens are trying to circumvent these limitations,practicing their reedom o expression, i oten and particularly in the country

side with considerable ear.

Despite the courts adopting a relatively liberal attitude, the libel and seditionoenses under the Revised Penal Code serve as a threat to journalists doinginvestigative work. Te mere threat o a time consuming court case is oten enoughto silence journalists or citizens. It is interesting to note that media has largelyailed in reporting such libel cases. Neither has the growing number o proposedpieces o legislation that could constrict media reedom caught the attention othe press or the public.

Te broad and deep network o civil society established during the people powerrevolt o 1986 has been very active to ght the culture o impunity and to secure

justice or murdered journalists. Yet, there is still no political process by whichmedia legislation evolves rom a meaningul consultation between state institutionsand civil society groups. Representatives rom media organisations dont see thepoint in their participating in Congressional hearings, primarily because theyoppose any new orms o media regulation. Advocacy groups, however, havereadily engaged public ocials/state agencies on these issues with the aim to makerecommendations or in the case o FOI, drat legislation.

Te Philippine media makes a multilayered landscape with a national and acommunity press, a network o state radio stations, many private radio and Vstations and a large number o internet providers. Within the print sector thetabloids cater or a larger audience which reads Filipino whereas the broadsheetsare generally published in English and mainly read in MetroManila and somesecondary cities. Teir prices, however, are prohibitive or the majority o low ormiddleincome amilies. Without a reliable system to measure circulation gures,the claims o newspapers are open to massaging and manipulation.

Tere is no eort by the government to help increase the regional distribution o

newspapers nor is there a coordinated strategy with the aim o supporting a diversemedia landscape. Te development o an ICpolicy to meet the inormation



needs o all citizens has been hampered by downgrading the Commission onInormation and Communications echnology to the rank o just another bureauunder the Department o Science and echnology.

Media ownership remains largely under the control o interest groups vestedwith both economic and political interests. Although a ew corporate houses andamilies hold majority interests in the largest media agencies, there is no antitrustlegislation pertaining to the media in the Philippines. And passing one is notamong the priorities o the government. Tere is also a growing and worryingtendency o politicians acquiring stakes in (local) media outlets. But the mediaitsel do hardly any explicatory or analytical reporting on these trends and theemerging media monopolies.

As one o the ew countries in the world the undamental law o the Philippines

upholds that ownership o mass media entities is the sole privilege o Filipinocitizens and corporations. Te eects this restriction has on the diversity omedia outlets and the concentration o ownership is hardly discussed and i socontroversially.

Not all the voices o ethnic, religious and social groups are reected airly inthe media coverage. Many ethnic groups see their aces only in the media whenthey are involved in crime or scandals. Particularly in connection with crime orinsurgencies the religion or ethnicity o alleged perpetrators is mentioned; whichit never is when the purported criminal belongs to the majority group.

Te Philippines has more than 50 per cent participation by women in terms oreporters, researchers, correspondents, anchors but ewer in terms o the middleto top echelons o the newsrooms. In community media, however, men continueto dominate the beats and the newsrooms. However, it is important to note thatthere are regional dierences, so or example, in Cebu women dominate in the topnewsroom positions.

But despite the advances o women in the media outlets their role as proponentso womens issues remains a challenge when in everyday reporting sensationalism

wins over background coverage aiming at a air representation o womens voices.

Past governments have habitually used their power over the placement oadvertisements with certain media outlets. Te incumbent President Aquino hasnot been accused o ollowing this tradition. Yet, he has also told advertisers thatthey should only support responsible media organisations. Te distribution ogovernment ads can become subject to wrangling, rigging and kickback oers insome parts o the country.

Tere is as yet no public broadcasting entity to speak o, even though the state

nances and runs the National Broadcasting Network (PV4) and supervisestwo other sequestered television stations that are scheduled or privatisation.



Te Philippines have no independent broadcasting regulator that issues licences inthe public interest, nor has PV4 a board representing society at large.

Whereas previous governments have run PV4 as a mere propaganda arm

o the government the current administration is said to propose a law or thetransormation o the national into a public broadcaster. Te very low ratingsand the considerable debt and losses o PV4 will make this a dicult politicalproject.

Unlike in some other Asian countries community radios have not taken oand usually serve only communities o interests and not small geographicalcommunities.

wo associations the Philippine Press Institute (PPI) and the Kapisanan ng

mag Brodkaster ng Pilipinas (KBP) perorm the unction o selregulatorybodies in the Philippines. However, the Complaints Authority o the PPI, thePhilippine Press Council (PPC), is hardly known and has only received a handulo complaints over the last ew years.

Te KBP ailed to perorm its unction when its Standards Authority imposed onlyvery small nes ater some television journalists had behaved very irresponsiblyduring the dramatic hostagetaking in Manila in 2010. And the Ombudsmen insingle media houses dont seem to have the support o the top management orowners. With the media in general not ready or selcriticism and selcorrection,

the principle o selregulation by the media is not really working in practice.

Te standards o reporting are very varied. Low salaries and the lack o skillsand training oten lead to poor writing and reporting. Media practitionerscomplain about the deteriorating quality o graduates coming out o journalismschools. Whilst Vanchors make more money than their education warrants,small community newspapers cant pay living wages or their reporters orcorrespondents. Poor unionisation o the journalistic workorce outside o the toptelevision networks leaves journalists in small cities and rural areas exposed to the

whims o the publishers.

Te result is a subculture o corruption where some journalists take bribes toperorm their proessional unction.

In summary, the media landscape in the Philippines is characterised by diversity,reedom, an active stock o journalists and citizens and an executive and legislatureslow on media reorms. However, operating in a culture o impunity and in oneo the most dangerous countries or journalists, it comes as no surprise that eventhe ree and rambunctious media o the Philippines reect the constraints o earand a growing concentration o ownership in their journalistic practice. Withinthis context the courage o many journalists is as remarkable as the lack o sel

criticism o the media remains deplorable.


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SECTOR 1

ASIAN MEDIA BAROMETER THE PHILIPPINES 2011 9

Freeom of expression, incluing

freeom of the meia, is effectively

protecte an promote.

SECTOR 1:



SECTOR 1

Sector 1: Freeom of expression,

incluing freeom of the meia, is

effectively protecte an promote.1.1 Freeom of expression, incluing freeom

of the meia, is guarantee in the constitution an

supporte by other pieces of legislation.

Analysis:

Te Philippines is considered to have one o the reest and most rambunctiousmedia in all o Asia. Press reedom and basic civil liberties were restored under anew Constitution that an overwhelming vote o the Filipinos ratied in February1987, during the term o President Corazon Cojuangco Aquino. In February1986, a ourday civilianbacked military uprising, also known as the EDSApeople power revolt, orced the late strongman Ferdinand E. Marcos to ee tothe United States, ending his 21year rule, including 14 years under martial law.Under the Bill o Rights (Article III, Section 4), the Constitution guaranteesthat, No law shall be passed abridging the reedom o speech, o expression, or

o the press, or the right o the people to peaceably assemble and petition thegovernment or redress o grievances.

Te Constitution also arms the peoples right to access to inormation anddocuments in the possession o government agencies. In Article III, Section 7 itstates: Te right o the people to inormation on matters o public concern shallbe recognized. Access to ocial records, and to documents and papers pertainingto ocial acts, transactions, or decisions, as well as to government research dataused as basis or policy development, shall be aorded the citizen, subject to such

limitations as may be provided by law.

However, during election campaign periods that are scheduled every three years,the Constitution also allows the Commission on Elections to supervise andregulate the enjoyment and use o all ranchises or permits or the operation otransportation and other public utilities, media o communication or inormation,all grants, special privileges, or concessions granted by the Government or anysubdivision, agency, or instrumentality thereo, including any governmentownedor controlled corporation or its subsidiary.

Te objective, the Constitution says, is to ensure equal opportunity and equalrates thereor, or public inormation campaigns and orums among candidates


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SECTOR 1


in connection with the objective o holding ree, orderly, honest, peaceul, andcredible elections.

Ownership o mass media entities is the sole privilege o Filipino citizens and

corporations under the undamental law o the land. Under General Provisions(Article XVI, Section 11), the Constitution prescribes that, the ownership andmanagement o mass media shall be limited to citizens o the Philippines, or tocorporations, cooperatives or associations, whollyowned and managed by suchcitizens. But the charter mandates the twochamber Congress to regulate orprohibit monopolies in commercial mass media when the public interest sorequires and that no combinations in restraint o trade or unair competitiontherein shall be allowed.

Other laws and statutes, and jurisprudence on libel and

other cases led against media agencies and journalistshave largely armed the ree and untrammelled exerciseo press reedom.

Republic Act No. 6713 or the Code o Conduct andEthical Standards or Public Ocials and Employees enacted in February 1989 directs all public ocials andemployees, when required by the public interest (to)provide inormation o their policies and procedures inclear and understandable language, ensure openness oinormation, public consultations and hearings wheneverappropriate, encourage suggestions, simpliy and systematize policy, rules andprocedures, avoid red tape and develop an understanding and appreciation o thesocioeconomic conditions prevailing in the country, especially in the depressedrural and urban areas.

Since the 1986 people power revolt or over the last 25 years, the Philippines haswitnessed a parade o ve Presidents and eight Congresses (8th to 15th). Foras long a period, they have ailed to pass specic laws to implement the 1987

Constitutions guarantee o the Filipinos right to inormation, as well as anotherprovision banning political dynasties.

Protection o media reedom and ree expression has a long history and traditionin the Philippines, noted a panellist. All our Philippine Constitutions, since therepublics birth in 1898, have acknowledged ree expression and press reedom.4

Tese include the Malolos Constitution, the 1935 Constitution, 1973 Constitution,and the 1987 Constitution. Te study avers, however, that protection o the rightsin law and theory has not always ensured eective protection in practice.

4 According to Freedom of Expression and the Media in the Philippines, a 2005 study conducted by Article 19and the Independent Center or Media Freedom and Responsibility (CMFR).

...many localcourts have nounderstanding

o the liberalorientation o the

Constitution.



SECTOR 1

Apart rom the Constitution and the laws, case decisions or jurisprudence havegenerally upheld our aspects o press reedom in the Philippines, notably reedomrom prior restraint, reedom rom subsequent punishment, reedom to publishand broadcast, and reedom o access to inormation, a panellist said.

But another panellist lamented that practice or implementation o the lawsremains problematic, citing that many local courts have no understanding o theliberal orientation o the Constitution.

Scores:

Idividua scos:

1Country does not meet indicator





Avag sco: 4.2

1.2 The right to freeom of expression is practisean citizens, incluing journalists, are asserting their

rights without fear.

Analysis:

Although the law and jurisprudence have rm and absolute protection or reedomo expression and press reedom, various economic, cultural and political actors

proscribe the practice by citizens and journalists.

Tese actors, according to various panellists, include the economic interests andpolitical bias o media owners; the threat or ear o harassment by some politiciansand private armed groups; the culture o impunity and the constantly risingnumber o media killings; the resort to selcensorship by certain journalists; andeven the limited knowledge and experience o many journalists and citizens inasserting and practising the right to ree expression.

Fear lies in a number o cultural aspects which have been retained in the

Philippines despite the greater guarantees in the present Constitution, said one


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SECTOR 1


panellist. I you ask anyone, he or she establishes a sense o right only by hisexperience. Te eudal aspect is still retained in so many ways. We dont speakreely to anyone superior or to anyone who has power. We dont speak reely in anenvironment that is controlled by eudal power.

Te other aspect o lingering eudal ties is the culture oimpunity that stomps all eorts to secure justice or the142 journalists, mostly rom the community media, whohad been murdered in the line o duty since 1986. Fewpowerul people are ever really punished, and this is thecontext o the attacks and threats against journalists, andi you are not able to punish those who kill journalistsor close down radio stations, or go ater (those who kill)ordinary citizens who crossed your path, then there is ear

and the practice, thereore, is aected.

Despite its ree and rambunctious media, the Philippineswas tagged one o the deadliest places in the world or journalists by theCommittee to Protect Journalists (CPJ) ater 57 persons, including 32 journalistsand media workers, were massacred in Ampatuan town, Maguindanao in thesouthern island o Mindanao, on November 23, 2009.

Members o the powerul and vastly armed Ampatuan clan, including patriarchAndal Sr. and two sons who were senior elective ocials at the time, are in jailacing trial or the massacre. About 200 other civilian militia, police and militarypersonnel are their corespondents in the multiple murder case that lawyersorecast could stretch on or a decade.

Te death o the 32 media workers was thus ar the biggest singleday casualty tollrecorded or the media across the world, according to the CPJ.

Between the cities and the towns, there exist also greater or lesser latitudes orreedom o expression and press reedom. In provinces under the control o

political clans and dynasties, a panellist said, its dicult or citizens and broadcastjournalists to have complete reedom o expression because (they would have to)be critical (to the government) run by dynasties and clans. Tere is a prevailingatmosphere o ear because i these journalists who have their powerul press cardscan get killed, what can happen to ordinary citizens?

Even in a airly urbanized city south o Metro Manila, another panellist noted thedouble standards that prevail in some newsrooms: Columnists can really criticizeanybody but news reporters, by editorial policy, are required to get the side othose being criticized. Problems ensue sometimes because there are certain

personalities who are very touchy about certain issues, so whether we are earul ornot, it depends on the story.

We dont speakreely in an

environment thatis controlled by

eudal power.



SECTOR 1

Selcensorship or steering away rom trouble is the recourse o other journalists,said a panellist. Tey say that as long as you dont involve yoursel directly withthe political manoeuvrings, then you are sae. I have been interviewing politiciansrom governor to congressman and people are asking me, Are you not scared? I

told them, as long as youre not really into that deep politics, then you are sae.

Yet still, another member o the panel countered that situations o acute conictbetween political clans leave some community journalists no choice but to side

with one or the other camp. You have to align yoursel to onepolitical camp because i you are perceived as somebody whois not with this group, you get threatened.

Tis was the case or some journalists in Maguindanaoprovince, site o the 2009 massacre, the panellist added. Tey

would say we have no choice, we have to write avourablyabout the Ampatuans, otherwise we get killed... Its also aorm o protection, its not because they want to be biased, itsor them to continue writing and be part o the media.

Just as worrisome, a panellist said economic or nancialsustainability restrains other journalists and media agenciesrom turning critical because its hard or them to keeptheir newspapers aoat. Tey are vulnerable so they have tobe careul who they hit. Contracts to publish government

notices, court orders, and city or town ordinances are so ercely ought amongsmall community newspapers; in secondary towns with ew or underdevelopedbusiness entities, these government contracts are oten the only potentialadvertising revenues a newspaper can hope to raise to support editorial operations.

Despite the pervasive ear o reprisal rom political clans among journalistsand citizens, a panellist rom an independent magazine talked about getting alot o help or tips rom politically aware leaders who will provide inormationanonymously.

Tey tweet us, send us direct messages. In that sense, people shed a big amount oear that they have but again, theres a guarantee that we wont reveal their names,the panellist added.

Trough it all, a member o the panel observed that the situation seems to begetting worse, and not without good reason. I think the operative word portionhere is without ear. And I ear that we are really going backwards even aster

with all the violence.

Hiring guns or goons to mow down critics has become so cheap and easy, thepanellist averred. In this country, its 5,000 pesos (about US$115) to eliminate

In this country,its 5,000 pesos

(about US$115)to eliminatesomeone. Andnothings done,

were walking inear.


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SECTOR 1


someone. And we already know that there are certain towns where all the assassinsare. And nothings done, were walking in ear. Tese are people being hired bypoliticians, gambling lords, warlords, they say even by big business interests. So

were moving backwards very quickly.

Te panellist said the government o incumbent President Benigno Simeon C.Aquino III has to work aster on the cases o media murders so it could avoidgetting ull blame or the culture o impunity. I this government which initiallygave some, a lot o hope, does not move aggressively in protecting this right andpushing this right orward, then we are moving urther back.

Scores:

Idividua scos:






Avag sco: 2.1

1.3 There are no laws or parts of laws restricting

freedom of expression such as excessive ofcial

secrets or libel acts, or laws that unreasonably

interfere with the responsibilities of meia.

Analysis:

In the last 10 years, a handul o cases o newspapers and radio stations closed orbanned by local ocials, or or supposed ailure to secure business permits, hasoccurred. A community journalist was detained or several years or a series o libelsuits led by the governor o a province south o Metro Manila. Unortunately orthe Philippine media so jealous o its reedom, these cases had not been reportedor monitored ully. Tere is very little reporting by the media o media issues andconcerns, apart rom the murders o their colleagues and ellow workers.

Sedition and libel are criminal oenses under the Revised Penal Code, and remain

real threats o subsequent punishment on journalists. A panellist noted that, in



SECTOR 1

terms o prior restraint and censorship, were a bit liberal on that, but in terms osubsequent punishment, thats where libel laws come in. A panellist observedthat politicians take to ling suit as a preemptive measure. Even i I know I willnot win and Im a politician, I will just le a case against you, just to harass you.

Te Philippine judiciary has adopted Te New York imes vs. Sullivan ruling aspart o local jurisprudence and the administrative order o the Supreme Court isthat whenever possible we do not penalize with imprisonment. Te court has thediscretion to just impose a ne. But thats as ar as theory and orm goes. In termso practice, however, because libel is a criminal oense, you can be imprisonedand some local ocials have precisely used libel as a weapon to harass journalists,said a panellist. We have cases o a broadcaster being imprisoned or libel despitea court order.

Weve had a lot o community journalists ace libel charges rompoliticians simply because they wrote something about a certainissue. And a community journalist wouldnt have the resources tohire a lawyer. I its a legislator who led a case, you have to y toManila to go to a hearing, the panellist added. Te impact is not

just on the individual charged but on the entire community.

Te bookMass Media Laws and Regulations in the PhilippinesbyLuis V. eodoro Jr. and Rosalinda V. Katabay lists the ollowing asthe limits o press reedom, ree speech, reedom o expression, and

the right to inormation: right to privacy, national security, libel,obscenity, and air administration o justice and contempt.

Te Revised Penal Code or Act No. 3815 was enacted onDecember 8, 1930 and amended in part by subsequent decrees o

the late strongman Ferdinand E. Marcos. It was reinstated by Executive Order No.187 on June 5, 1987 by then President Corazon C. Aquino, ater the raticationo the new Constitution.

In Article 138, Te Revised Penal Code denes inciting a rebellion or insurrection

thus: Te penalty oprision mayor (jail term lasting rom minimum o six yearsand one day to maximum o 12 years) in its minimum period shall be imposedupon any person who, without taking arms or being in open hostility against theGovernment, shall incite others to the execution o any o the acts specied inarticle 134 o this Code, by means o speeches, proclamations, writings, emblems,banners or other representations tending to the same end.

In Article 154, Te Revised Penal Code denes unlawul use o means opublication and unlawul utterances that are subject to the penalty o arrestomayor(jail term lasting rom minimum o one month and one day to maximum

o six months) and a ne ranging rom 200 to 1,000 pesos (USD523) to includethe ollowing:

Even i Iknow I will not

win and Ima politician, Iwill just fle

a case against

you, just toharass you.


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SECTOR 1


1. Any person who by means o printing, lithography, or any othermeans o publication shall publish or cause to be published as news anyalse news which may endanger the public order, or cause damage to theinterest or credit o the State;

2. Any person who by the same means, or by words, utterances or speechesshall encourage disobedience to the law or to the constituted authoritiesor praise, justiy, or extol any act punished by law;

3. Any person who shall maliciously publish or cause to be published anyocial resolution or document without proper authority, or beore theyhave been published ocially; or

4. Any person who shall print, publish, or distribute or cause to be printed,

published, or distributed books, pamphlets, periodicals, or leaets whichdo not bear the real printers name, or which are classied as anonymous.

In recent history, hardly any sedition cases had been led. A panellist noted: I thegovernment les a sedition case against you, they are really mad at you.

Te problem is i Im a politician, I may just le it (case) against you. I that werejust the case, that would be okay because the case law in this matter (is clear) butthe point is combined with the ineciency o our justice system, the panellistsaid. Its not really about the criminal penalty; its about being tied up or such a

long period o time.

Additionally, many journalists have voiced concern about Te Human SecurityAct o 2007 (Republic Act No. 9372) or the antiterrorism law, but while a loto journalists took a position against it, thinking that it might aect the mediain practice, there have been no cases so ar or journalists.

So ar, the law has been invoked in only one case in Bataan province that hadbeen dismissed. Te police have apparently avoided enorcing the law because o aprovision that says they are supposed to indemniy a victim o illegal incarceration

500,000 pesos (about USD12,000) per day.

Some concerns have also been raised about how the military deals with themedia. In 2009, the military listed in its order o battle or hit list a handul o

journalists rom the strietorn southern island o Mindanao. It was particularlyworrying because some o the other names were already killed, said a panellist.In some other provinces visited by armed insurgencies, including the provinces oNegros, Samar and Bicol regions, local military commands have also enrolled thenames o some journalists they deem to be critical o the armed orces.

A lawyer claried that to be sure, government ocials will not publicly admit thatsuch lists exist, because they will know that will violate the law and constitutional



SECTOR 1

rights. Teyll reuse to admit. But while the restrictions on media reedomremain in the laws, I think there are (restrictions) in practice, but I dont see anyin the recent history. What we are hearing now are accounts and experiences inrelation to extreme circumstances or extreme measures.

Most o the panellists agreed, however, that a growing number o proposedlegislation led with both the Senate and the House o Representatives in recent

years should be monitored by the media as these could expand or constrict pressreedom and reedom o expression.

At least three o these bills relate or pertain to libel:

Senate Bill No. 683, introduced by Senator Jose Jinggoy EjercitoEstrada, or An Act to Abolish the Penalty o Imprisonment in Libel Cases

and Providing or the Venue o the Civil Action in Libel Cases AgainstCommunity Journalists, Publications or Broadcast Stations, Amendingor the Purpose Certain Provisions o Act No. 3815, Otherwise Knownas the Revised Penal Code, as Amended, and or Other Purposes.

HouseBillNo.2901,introducedbyIsabelaRepresentativeGiorgidiB.Aggabao, or An Act Making Any Discussion o Any Matter o PublicConcern, or Criticism o Ocial Conduct o Public Figures, QualiedlyPrivileged, Increasing Fines or the Crime o Libel, and Providing orthe Venue o Libel Cases Filed Against Community Journalists, Teir

Editors, Business Managers or Publishers, Amending or the PurposeArticles 354, 355, 356, 357, 358, 360, and 361 o Act No. 3815, OtherwiseKnown as the Revised Penal Code o the Philippines.

House Bill No. 371, introduced by Cebu CityRepresentative RachelMarguerite B. Del Mar, An Act Providing or the Venue o the Criminaland Civil Action in Libel Cases Against Community Journalists,Publications or Broadcast Stations.

Scores:Idividua scos:






Avag sco: 2.8


21/107

SECTOR 1


1.4 Government makes every effort to honour

regional an international instruments on freeom of

expression an freeom of the meia.

Analysis:

Te Philippines is a signatory to a number o international covenants andinstruments that have relevant provisions on reedom o expression and reedomo the media.

Tese include the ollowing:

eUniversalDeclarationonHumanRights(UDHR),whichfeaturesin its Article 19 the ollowing clause: Everyone has the right to reedomo opinion and expression; this right includes reedom to hold opinions

without intererence and to seek, receive and impart inormation andideas through any media and regardless o rontiers.

eInternationalCovenantonCivilandPoliticalRights(ICCPR).

It must be stressed that Article 19 urther spells out the ollowing principles:

1. Everyone shall have the right to hold opinions without intererence.

2. Everyone shall have the right to reedom o expression; this right shallinclude reedom to seek, receive and impart inormation and ideas o allkinds, regardless o rontiers, either orally, in writing or in print, in theorm o art, or through any other media o his choice.

3. Te exercise o the rights provided or in paragraph 2 o this articlecarries with it special duties and responsibilities. It may thereore besubject to certain restrictions, but these shall only be such as are provided

by law and are necessary:

(a) For respect o the rights or reputations o others;(b) For the protection o national security or o public order (ordre

public), or o public health or morals.

Despite its accession to these covenants, the Philippine government has beenlargely coy about publicizing or inorming the citizens about the meaning andpolicy content o these covenants. Teres a poverty o inormation owing outabout how the government signed on to regional or international covenants, saida panellist, adding that when you keep the public ignorant, there would be ewerexpectations o the results that the covenants should enable or trigger.



SECTOR 1

Scores:

Idividua scos:






Avag sco: 2.6

1.5 Print publications are not require to obtain

permission to publish from state authorities.

Analysis:

Tere are no laws requiring print media to obtain permission to publish rom stateauthorities.

Scores:

Idividua scos:






Avag sco: 4.9


23/107

SECTOR 1


1.6 Entry into an practice of the journalistic

profession is not restricte by law.

Analysis:

Tere are no laws restricting the practice o the journalistic proession. However,members o the Philippine Press Institute (PPI), the national organisation onewspaper owners and editors, have had inormal discussions on whether therehas to be a certain certication process in order to uplit journalistic standards.

According to a newspaper editor and panellist, the discussions havent prosperedto exact, denite proposals. But they talk.

Te panellist added: Basically, what drives the discussion is that we need better

journalists. It doesnt have to be mandatory, its voluntary, and so it depends.You accept a passing score o 60. I accept a passing score o 90. But basically thestandards, just to make journalists better. But again, its very inormal.

Scores:

Idividua scos:






Avag sco: 4.9

1.7 Condential sources of information areprotecte by law an/or the courts.

Analysis:

A shield law prescribes that reporters and editors may not be compelled toreveal the identities o their sources. Republic Act No. 1477 passed in June 1956states that, without prejudice to his liability under the civil and criminal laws,the publisher, editor, columnist or duly accredited reporter o any newspaper,

magazine or periodical o general circulation cannot be compelled to reveal thesource o any newsreport or inormation appearing in said publication which



SECTOR 1

was related in condence to such publisher, editor or reporter unless the court ora House (o Representatives) or committee o Congress nds that such revelationis demanded by the security o the State.

One participant noted that in recent years, bills had been led proposing to expandthe coverage o the law so that it applies not just to print but also to broadcast andonline journalists. But it just wont pass Congress approval, the panellist said.

In 2009, the Supreme Court tried to compel two journalists rom an independentmagazine to reveal their sources or their story on the alleged receipt o bribemoney by some justices. Tey were really being pressured in the witness stand toreveal their sources. Tis is another example o how the judiciary has its own set orestrictions, said a panellist.

At least three bills related to the shield law are pending in Congress:

SenateBillNo.41,introducedbySenatorVicenteSottoIII,orAnActAmending Section 1 o Republic Act No. 53, Otherwise Known as AnAct to Exempt the Publisher, Editor or Reporter o Any PublicationFrom Revealing the Source o Published News or Inormation Obtainedin Condence

SenateBillNo.2505,introducedbySenatorRamonBongRevillaJr.,orAn Act Amending Republic Act No. 53, as Amended, Otherwise Knownas An Act to Exempt the Publisher, Editor or Reporter o Any PublicationFrom Revealing the Source o Published News or Inormation Obtainedin Condence By, Including Within Its Coverage, Journalists romBroadcast, News Agencies, and Internet Publications.

House Bill No. 370, introduced by Cebu City Representative RachelMarguerite B. Del Mar, or An Act Amending Republic Act No. 53, as

Amended, Otherwise Known as An Act to Exempt the Publisher, Editoror Reporter o Any Publication From Revealing the Source o Published

News or Inormation Obtained in Condence by Including WithinIts Coverage, Journalists rom Broadcast, News Agencies, and InternetPublications)


25/107

SECTOR 1


Scores:

Idividua scos:






Avag sco: 3.5

1.8 Public information is easily accessible,

guarantee by law, to all citizens.

Analysis:

Despite a 15year advocacy by a broad coalition o citizens groups, legislators haveyet to pass a Freedom o Inormation Act, which would spell out implementingrules and regulations, uniorm procedures or securing documents, and exceptions

to the disclosure o inormation, as the Constitution has required Congress to do.

Te Constitution guarantees the citizens right to inormation but a panellistsaid practice is another matter altogether, citing that even his senior law students

working in government had been denied access to inormation by their ownagencies. I think the key phrase here is easily accessible.

Most o my students actually work ingovernment so they just have to ask inormationrom their oce. Tey work in Congress and

the Senate and they are having a hard time,especially (when it comes to) documents oncontracts, the panellist said. Te only contractthey were able to get rom Congress was acontract on, I think, janitors, maintenancekeepers.

Access is as dicult when it comes to the nancial and asset records ocongressmen, senators, the ocials o the Oce o the Ombudsman and theconstitutional commissions (Audit, Elections, Civil Service), he said.

Congress will only push

the bill i theres a clearsignal rom the Presidentthat he wants it passed...



SECTOR 1

One participant said the government has prepared a drat Freedom o InormationAct that it wants to submit to Congress as an administration measure. Te lawnearly passed in the 14th Congress in March 2010; the House o Representativesailed to ratiy it or alleged lack o a quorum o the 260odd members o the lower

chamber. President Aquino, at the time a senator, had signed on to that law. As thepresumptive winner o the May 2010 presidential elections, he had also promisedto push or the laws passage.

But in his rst 15 months as President, he has reused to endorse the law. Instead,Aquino has raised a number o concerns, saying that a Freedom o Inormationlaw might constrain deliberative processes o the executive, unduly expose peopleto threats o kidnapping, and put government in prejudicial position in righto

way cases, among others.

A panellist said the government was redoing the whole process... making surethat the drat is based on a consensus rom everybody, the stakeholders, the media,as well as government.

Te Presidents endorsement o the law is deemed most crucial, despite theseparation o powers in law among the executive, the legislature, and the judiciary.In practice, said a panellist, thats not really how it works. Congress will always

wait or Malacaang (Oce o the President). Congress will only push the billi theres a clear signal rom the President that he wants it passed.... because they

wouldnt want their pork barrel to be aected.

I securing documents rom national agencies is oten a dicult process, it is muchtestier at the local government level, according to another panellist, who had leda request to access her certicate o registration as a voter. Its really hardly everaccessible. Its my personal le and I couldnt get it. And I paid 200 pesos (aboutUSD5) or that.

Even worse, the panellist said, the regional government in the AutonomousRegion in Muslim Mindanao had reportedly enacted almost 200 laws already

since 1990 but at most only 20 o these laws have been uploaded on the Internet.

Te government has certied a Whistleblower Protection Act among the prioritymeasures it wants Congress to pass but the proposal has not moved orward.

Te Witness Protection Program o the Department o Justice has been allotted150million pesos (about USD3.4 million) as budget or 2011, but it has to assistnearly 500 witnesses and whistleblowers who are testiying on various majorelonies.

In the cases o media killings, averred a panellist, several witnesses have been

taken out o the program because the case has been archived, the suspect has not


27/107

SECTOR 1


been arrested but we see the suspect eating at McDonalds. Te eyewitnesseshave now been discharged and they now ear or their saety.







Avag sco: 2.5

1.9 Websites an blogs are not require to register

with or obtain permission from state authorities.

Analysis:

Tere is as yet no law requiring websites and blogs to register with or obtainpermission rom state authorities.

Groups o bloggers have started discussions, however, on policing themselvesthrough selregulation mechanisms.

A proposal by the state National elecommunication Commission (NC) in 2009to regulate games and other online content providers was vigorously criticizedonline by bloggers and later withdrawn.



SECTOR 1

Scores:

Idividua scos:






Avag sco: 4.9

1.10 The State does not seek to block or lter Internet

content unless laws provie for restrictions that serve

a legitimate interest an are necessary in a emocratic

society.

Analysis:

Tere are no reported or recorded cases as yet o the state seeking to block or lterInternet content.

Scores:

Idividua scos:






Avag sco: 5.0


29/107

SECTOR 1


1.11 Civil society in general an meia lobby groups

actively avance the cause of meia freeom.

Analysis:

Te rst people power revolt o 1986 ushered in a broad and deep network o civilsociety organisations (CSOs) in the Philippines, and strengthened CSO groupsocused on media and media development concerns.

Said a panellist: In terms o level o advocacy, in terms o level o activity, wereprobably way up in the ladder o ranking. But because most o the action you seekare in the hands o the State, at a certain point, no matter how active you are, youstill have to stand against the orces o those who uphold the law, enorce the law.

Media CSOs have made a push or connecting with lawyers, students, and othersectors to pursue shared objectives like ending the culture o impunity and securing

justice or murdered journalists.

In some communities, CSOs and the media have worked together to monitorcorruption, government perormance, and advancing media reedom.

Te panellists voiced concern though about recent proposals by legislators toimpose new laws to proscribe the conduct o media, noting that this is happeningamid the perceived ailure o selregulation mechanisms.

Nonetheless, independent media organisations continue to ourish, includingthe National Union o Journalists o the Philippines that counts 1,100 individual

journalists and correspondents as members.

At least 160 organisations and individuals rom media, the various proessions,students, the churches, the academe, and business compose the Right to Know,Right Now! Coalition that is pushing or the passage o the Freedom o

Inormation Act.



SECTOR 1

Scores:

Idividua scos:






Avag sco: 4.3

1.12 Meia legislation evolves from meaningful

consultations among state institutions, citizens an

interest groups.

Analysis:

Generally, legislation in this country does not come rom meaningul consultation,one panellist said and most members o the group armed this view.

Te two chambers o Congress typically conduct public hearings, and call inexperts or resource persons, but the panellists said nothing meaningul comes outo the supposed consultations. Does it matter i you are there? asked a panellist.No, replied another.

When it comes to proposed laws on the media, media organisations and somejournalists eel that they should not participate in the public hearing on medialegislation because there should be no law, we go back to the Constitution, (and wepoint out) theyre interering with us. Tats one o the attitudes, a panellist said.

A proposed Right o Reply bill met with sti opposition rom many journalists andmedia organisations in 2010, during the 14th Congress. Te bill has been reled inthe 15th Congress. Said a panellist: Some legislators, they are using one right asa bargaining chip or (another). Like they would agree to the decriminalization olibel, i journalists agree to the right o reply. Tere have been some bills... more asbrownie points or legislators.

Te panellist cited the proposed Magna Carta or Journalists that is supposed to

regulate, standardize the salaries and benets o those working in media. Teres


31/107

SECTOR 1


another one making the journalist a special person. Tey just want to score points(with the media).







Avag sco: 2.9

Avag sco fo Sco 1: 3.7



SECTOR 1


33/107

SECTOR 2


The meia lanscape, incluing new

meia, is characterise by iversity,

inepenence an sustainability.

SECTOR 2:



SECTOR 2

Sector 2: The meia lanscape,

incluing new meia, is characterise

by iversity, inepenence ansustainability.

2.1 A wie range of sources of information (print,

broacasting, Internet, mobile phones) is accessible

an afforable to citizens.

Analysis:Te latest available data rom various sources on the media landscape oer theollowing acts and gures on the number o media agencies in the Philippines:

Media NuMber

Pnt 2004

Newspapers 580

Magazines 49Others 16

bct r 2010

AM 392

FM 782

bct V 2010

V 352

CAV 988

intnt 2010

NC-Registered InternetService Providers (ISP)

304

Sources:For print data, Philippine Media Factbook, 2005For broadcast, internet, and cell phone users data, National elecommunications Commission


35/107

SECTOR 2


iNerNe aNd CellPhoNe users (2010)

NuMber

Estimated Number o Subscribers

(NCRegistered ISPs)

4,320,000

Internet Users (Internet WorldStats)

29,700,000

Cell phone subscribers 83,150,138

Sources:For print data, Philippine Media Factbook, 2005For broadcast, internet, and cell phone users data, National elecommunications Commission

Te Philippine media is a multilayered landscape, with entities dened not simply

by platorm but by geographical location and scope o circulation and broadcast,target audience, language, and size o operations (manpower, sales, and revenues).

National newspapers and tabloids are national not so much because o audiencereach but mainly because these operate rom the capital region o Metro Manila.

In contrast, in media circles, the term community press reers to either all othermedia agencies located outside Metro Manila, as well as the majority o smallcirculation newspapers and smallbudget radio and cable television stations.

Te national newspapers or broadsheets are published in English, the languageo government, the law, the schools, business, and the elite. Te national tabloids,

which by most accounts have a composite readership bigger than the newspapers,are published in the national language, Filipino.5

Te leading national broadsheets typically sell or 20 pesos (USD0.5) a copy. Temonthly subscription o about 600 pesos (USD12) is prohibitive or the majorityo low to middleincome Filipino amilies. It is equivalent to nearly 30 kilos orice, or 3.5 kilos o pork, or nearly two days salary o the minimumwage worker.

In the secondary cities outside Metro Manila, Englishlanguage newspapers alsodominate the regional print media communities. However, tabloids published inthe local languages have posed strong competition.

Yet because tabloids sell at just 60 per cent o the cover price o broadsheets, theyhave cornered even bigger circulation gures than the broadsheets. And because

5 Te Philippines has about a dozen major indigenous languages that each has at least a million nativespeakers. Apart rom agalog, these are Cebuano, Ilokano, Hiligaynon, Waraywaray, Kapampangan, Bikol,Albay Bikol, Maranao, Maguindanao, Kinaraya, and ausug. Language experts count dozens more onative languages and dialects spoken by smaller communities.



SECTOR 2

they run on smaller production and editorial budgets, tabloids are sometimes moreprotable ventures than broadsheets could be.

A panellist noted that the 500,000 circulation o Bulgar, the largest tabloid, is

double the 250,000 circulation o the Philippine Daily Inquirerand the PhilippineStar, the two broadsheets that have separately claimed to be the nations no. 1newspaper.

But another panellist, an editor with the leading business newspaper, revealed thatcirculation claims o the newspapers have not been validated by independent orcommon audits.

In the community press, the top titles generally run rom 3,000 to 5,000 copiesevery day, even as a panellist rom outside Metro Manila said editors and owners

would claim daily circulation o about double, or rom 10,000 to 20,000 copies.

Tere is one network o state radio stations called the Radyo ng Bayan (PeoplesRadio), under the state agency called Philippine Broadcasting Service. Te networkclaims to have presence in around 30 o the 81 provinces o the Philippines butmost o its stations are merely hooked up with the requency o the stateruntelevision called National Broadcasting Network Channel 4.

Scores:

Idividua scos:






Avag sco: 3.7

2.2 Citizens access to omestic an international

meia sources is not restricte by state authorities.

Analysis:

Tere have been no laws or state initiatives designed to restrict citizens access todomestic and international media sources.


37/107

SECTOR 2


A panellist observed a tendency o senior government ocials to rather grantrequests or interviews rom oreign media agencies, than to those rom localmedia agencies.

Scores:

Idividua scos:






Avag sco: 5.0

2.3 Efforts are unertaken to increase the scope

of circulation of the print meia, particularly to rural

communities.

Analysis:

Ocially, there are no recorded eorts by government agencies to help increase thescope o circulation o the print media, particularly to rural communities, throughtax relie or other nancial assistances designed to assist the latters distributionand printing costs.

Tere are no ormal arrangements between or among publishers o dierent printmedia agencies to cooperate or share the costs o distributing their newspapers

across the same target market groups or areas.

In general, all the cities and towns outside the capital region o Metro Manila,newspapers rom the community media compete ercely to secure contracts(sometimes through public bidding or negotiated deals) to publish new laws andtheir rules and regulations, judicial notices, and notices o bidding or goods andservices government agencies want to acquire.

In the Senate, two bills have been led by opposition Senator Manuel Villar, wholost his campaign or the presidency in May 2010, oering tax subsidies to print

and broadcast media.



SECTOR 2

His rst proposal, Senate Bill No. 851, is titled An Act Granting ax Incentivesto Broadcast and Print Media Devoting Air ime and Space to EducationalPrograms, and to Advertisers or Sponsors Supporting Such Programs and For

Other Purposes.

His second proposal, Senate Bill No. 1119, is titled An Act Granting ax Incentivesto Broadcast and Print Media Devoting Air ime and Space to Education, as wellas, to Sponsors Supporting Such Programs and For Other Purposes.

Te administration o President Benigno Simeon C. Aquino III has not certiedthese bills among its priority legislative measures.

Scores:

Idividua scos:






Avag sco: 1.4

2.4 The eitorial inepenence of print meia

publishe by a public authority is protecte aequately

against unue political interference.

Analysis:Tis indicator does not apply to the Philippine media since there are no publicationson record that are being published by state agencies on the national level.

However, there is a government agency called the Philippine News Agency(PNA) that is being run by the Oce o the Presidents CommunicationsCoordination Group. Like a wire agency, it pushes stories rom the perspective othe government. It is subsidized by public unds.


39/107

SECTOR 2


Scores:

Idividua scos:






Avag sco: /a

2.5 Aequate competition legislation/regulation

seeks to prevent meia concentration an monopolies

Analysis:

Tere are no laws as yet that seek to prevent media concentration and monopolies.

In law and theory, there is no antitrust legislation pertaining to the media in the

Philippines, and passing one is not among the priorities o the government.

In practice, however, media ownership remains largelyunder the control o interest groups vested with botheconomic and political interests and tendencies.

A ew corporate houses and amilies continue to holdmajority interest and equity in the largest and mostprotable media agencies, and in some cases, haveacquired majority crossownership o print, radio and

television agencies.

One panellist cited as an example the recentacquisition (2010) by the owner o the countrys toptelecommunications company o a secondline televisionnetwork, ater acquiring minority shares in the two leadingnational newspapers and the top business newspaper.

Except or a ew industries, including public utilities, Philippine laws have noantitrust orientation. Tis bothers the panellists but the problem, according to

A ew corporatehouses and

amilies continueto hold majority

interest and equityin the largest andmost proftable

media agencies...



SECTOR 2

one o them, is that we could not get the antitrust law passed unless we have a(political) leadership ocusing on the needs or antitrust.

I think the common people are not bothered its more the people in the

industry who are bothered, said another. Te situation lingers because the publicdoes not know that it will aect the price o what they pay or (goods and services).

Tats why in the text and in the mobile reconguration, quite a number o thebloggers already put that out as an issue, added the rst.

Among the 22 proposed laws that the Aquino administration has certied as itspriority bills is one titled An Act Penalizing Competitive Agreement, the Useo Dominant Power, and AntiCompetitive Mergers, Establishing Also thePhilippine Fair Competition Commission. A similar bill with a stronger antitrust orientation has been led by Senate President Juan Ponce Enrile. Tis has

drawn support rom the Makati Business Club, the leading association o seniorcorporate leaders and executives, but has moved rather slowly in the legislative

wringer.

One participant remarked that the transaction costs or ordinary people tounderstand antitrust law is very high there are mathematical ormula toidentiy i theres a monopoly and this is one o the barriers or ordinary peopleto really understand.

Tere is hardly any explicatory or analytical reporting by the media themselves onthe clear or emerging cases o media monopolies and the concentration o mediaownership in the hands o a ew corporate houses and amilies.

Meanwhile, some legislators have proposed to amend the Constitutions economicprovisions, including the ban on majority ownership o oreign ownership o theextractive industries, as well as the 100 per cent Filipino ownership o the massmedia.

One o the provisions being cited was media ownership. Tere was a lot o

opposition that people dont want oreigners to have any say on how the mediaoperate, said a panellist. Nonetheless, there were a ew who thought their salaries

would increase (once oreign owners come in).


41/107

SECTOR 2


Scores:

Idividua scos:






Avag sco: 1.7

2.6 Government promotes a iverse meia

lanscape with economically sustainable an

inepenent meia outlets.

Analysis:

Tere is neither ormal nor coordinated initiative to promote a diverse medialandscape with economically sustainable and independent media outlets.

One panellist elt that in the past, the government was more interested in themedia ollowing its line than in promoting diversity.

Another panellist said government allows dutyree importation o certainequipment such as radio station transmitters, but then again, the problem is mosto the big stations only import once or twice or depending on their need. So theyare saying they do not get much benet rom this.

In the Senate, two bills (No. 851 & No. 119) have been led oering tax subsidies

to print and broadcast media (or details reer to indicator 2.3).



SECTOR 2

Scores:

Idividua scos:






Avag sco: 1.8

2.7 All media fairly reect the voices of both women

an men.

Analysis:

In most newspapers with big to mediumsize circulation, there are sections peggedon liestyle, society and culture, home and entertainment, and parenting but theseare not exactly designed to serve as the womens page.

However, womens issues are tackled every so oten in a airly modest volume ostories in the various sections o the newspapers.

But in terms o access to management or senior positions in the newsrooms,gender issues do not appear to be a problem in the Philippine media. Te panellistscited that in the three major television networks, the women hold the most seniorpositions and act as gatekeepers or news.

Our problem is always, our group (o women) tries to draw out relevant news, buti theres news about the threelegged chicken in La Union (province), that getsairtime instead o issues about women, said a emale panellist. In our meetings,theres a conscious attempt but that is (ltered) down to the editing tables mostlymanned by the men. Implementation wise, its a daily battle.

Said another emale panellist: News reects the reality there generally. You ndthat compared to many Asian countries, Filipino women are involved in many,many areas, in both ocial circles and civil society.


43/107

SECTOR 2


We are still held by the old convention. Tere is not a necessary endeavour to let slook at the women dimension. I dont think this has been ully achieved, but wehave progressed, added the rst panellist.

Te government Communications Group is preparing three documents, said apanellist. Te rst is a proposed Code o Ethics or Media that enrols provisionson gender equality and air treatment o men, women, and other groups. Tesecond pertains to nondiscrimination on the portrayal o women in media, lm,and broadcast and print media. Te last encourages media organisations to look attheir content and making sure that it promotes gender equality.

Public consultations on the three documents will be conducted shortly as parto governments eorts to promote the Magna Carta or Women that passed in2010, and to highlight and mainstream gender equality and gender sensitivity in

the media, the panellist added.

Scores:

Idividua scos:






Avag sco: 3.3

2.8 All media fairly reect the voices of society in

its ethnic, linguistic, religious, political an social

iversity.

Analysis:

A proposed antidiscrimination law rowns upon racist, negative, and unairprojection o ethnolinguistic, cultural and social minorities but remains stalled incongressional debate and inertia.

A member o the panel averred: When the criminal is a Muslim, the headlinewould be Muslim terrorist or Muslim killer... But i the criminal is a Christian,



SECTOR 2

the media would not say Christian killer or Christian terrorist. So i you connectthe word Muslim to a terrorist, thats something not really acceptable to peoplein Mindanao.

A second panellist rued the apparent bias against Filipinos o Chinese descent,another minority group. Teres always Chinese smuggler you know. I its a badthing, (its) Chinese businessmen, the panellist said. But the Chinese people

here are not rom China, they were born here.

A third panellist cited the resort to ridicule o gays andlesbians by some newspapers but also hastened to addthat, in the last 20 years, to be air to media, there hasbeen more serious, sober discussion.

I remember, a newspaper, their editorial cartoon wouldshow, the article was about a gay teacher... they showedthe teacher wearing shnet stockings, the panellistsaid. Te teacher orthwith visited the newspaper oceand had a talk with the editors. Te teacher said, Imnot wearing shnet stocking right now, the panellistrecalled. Tat began a long journey or Philippinemedia to treat gays more airly. But they had to ght

or it tooth and nail all the way.

Te business sections, said a ourth panellist, ocus almost entirely on managementand corporate stories, but we dont have a labour section in the newspaper. Not somuch attention is given to the unions, to the labourers, but so much attention tothe business sector because they are the ones who control the media.

Still a th panellist noted that conventional journalism (that) relates to theestablishment and the powerholders o society continues to endure in the

Philippines. All our ethnic groups do not see their aces in the media unless theyare involved in crime, scandals, sex, generally, because they are not celebrities.

Only Catholics will get much o their news out there compared to otherChristians. Te political and social records simply do not have news about thepoor as poverty context. Why? Because our training is conventional, the panellistadded. When you look or the (answers or) who, what, where, when. Were onlynow beginning to see the why and whereore. We have so much yet to do in termso just turning the media heads around.

When the criminal isa Muslim, the headline

would be Muslimterrorist or Muslimkiller... But i the

criminal is a Christian,the media would not

say Christian killer orChristian terrorist.


45/107

SECTOR 2


Firstterm Congresswoman Lani Mercado Revilla has led House Bill No. 3658titled An Act Prohibiting the Use o the Word Muslim or Islamic in Print, Radio,

elevision Including Cable elevision and Other Forms o Broadcast Media toReer to or Describe Any Person Suspected or Convicted o A Crime or Unlawul

Act and Providing Penalties Tereor.

wo other similar bills are also pending with the lower chamber o Congress:

House Bill No. 1103, introduced by Lanao del Sur Rep. PangalianM. Balindong, An Act Prohibiting the Use o the Word Muslim andChristian in Mass Media to Describe Any Person Suspected o orConvicted or Having Committed Criminal or Unlawul Acts, andProviding Penalties or Violation Tereor.

House Bill No. 2832, introduced by ALIF Party-List Rep. Acmadomawis, An Act Prohibiting the Use o the Word Muslim or Islamicin Print, Radio, elevision Including Cable elevision and Other Formso Broadcast Media to Reer to or Describe Any Person Suspected orConvicted o A Crime or Unlawul Act and Providing Penalties Tereor).

Scores:

Idividua scos:






Avag sco: 2.3



SECTOR 2

2.9 The country has a coherent ICT policy or the

government implements promotional measures,

which aim to meet the information nees of all citizens,

incluing marginalise communities.

Analysis:

Te government recently decided to downgrade what used to be called theCommission on Inormation and Communications echnology (CIC) to oneo the bureaus under the Department o Science and echnology (DOS).

A panellist acknowledged that, I think there is no coherent policy. Its a work inprogress, and I think media practitioners, private stakeholders should push orthis. Ordinary Filipinos should push or this because it will be the overarchinginrastructure that we need to have a more progressive and developed media.

Te government has a crying need or a system wherein we can reach the dierentprovinces, the most marginalised sectors and communities, especially the ruralareas, the panellist added.

Presently, with the combined reach o its radio network, a staterun television

station, and its inormation arm that runs like a wire agency, the government hasinormation capability in only 68 out o the 81 provinces o the Philippines.

Te ormer CIC was supposed to lead in the ormulation o a coherent ICpolicy but because o political reasons and institutional squabbles, it wasdowngraded to the rank o just another bureau or unit under the Science and

echnology department, the panellist lamented.

Its really a downgrading because they were pushing or it to become rom a

commission to a department. When you say its a department, its like a ministry it has more power, bigger mandate, and bigger budget which is very important.Right now, it is relegated to a position or to an agency o one o the departments.Bureau level, said the panellist. Others agreed.


47/107

SECTOR 2


Scores:

Idividua scos:






Avag sco: 1.6

2.10 Government oes not use its power over the

placement of avertisements as a means to interfere

with eitorial content.

Analysis:

Beore incumbent President Benigno Simeon C. Aquino III came to power inMay 2010, two Philippine presidents had crossed paths with the Philippine media

and pulled out advertising contracts rom certain newspapers.

In 199899, riends in the entertainment industry o then President JosephEstrada, a multiawarded action movie star, pulled out advertising contracts romthe Philippine Daily Inquirer or its alleged strident criticism o the government.

Allegedly, the production companies o lms pulled out on request o Estrada,a panellist said.

On the other hand, Estradas successor, President Gloria Macapagal Arroyo,

issued an executive order or EO concentrating all the authority to place ads bythe government controlled corporations under the Oce o the President orMalacaang Palace.

Recalled a second panellist: It used to be that the SSS (Social Security System)and other GOCCs (governmentowned and controlled corporations) can choosein which newspaper and station they will place ads. But ater the EO, concentratedauthority was placed under Malacaang and there was even a statement that theyshould support the responsible media.



SECTOR 2

Arroyo also reportedly directed that government advertising contracts be bookedalmost entirely with the government television and radio stations.

Another member o the panel said the Arroyo EO is still existing but that right

now, the thrust o the new administration is to allow dierent departments to lookor their own stations or newspapers where they want to place their ads.

Aquino himsel has not been accused o using government advertising contractsto curry avour, or inict disavour, with the media. However, at a conerence

with advertisers in 2011 where he was a keynote speaker, he had remarked thatadvertisers should support only responsible media organisations.

Noted a panellist: Tats very signicant, that kind o statement because yourepractically telling advertisers to only put your ads on these media agencies... and

this is coming rom the President.

Contracts or the publication o judicial notices are also politically decidedin that, according to a journalist rom outside Metro Manila, they can punishnewspapers by withholding these (ads).

Another panellist claried though: As ar as I know, local courts, they do a rafe,like i they have to, i theres a requirement that this decision has to come out intwo or three days in the newspapers. Still a third panellist reported instances oalleged rigging and corruption in the rafing o the advertising contracts.

Yet still, certain newspapers skirt their being banned rom getting government adsby oering all sorts o enticements to the advertising agencies. What bans? Its allabout the money really. It depends i you can give the best possible kickback oer,even i your boss does not want advertising in the paper.

Te law stipulates that new laws, rules and regulations, as well as judicial notices,must be published in newspapers o general circulation teen days beore thesebecome eective.


49/107

SECTOR 2


Scores:

Idividua scos:






Avag sco: 3.3

2.11 The avertising market is large enough to

support a iversity of meia outlets.

Analysis:

Te ollowing data on the volume and value o advertising money in the Philippineswere obtained or this report rom AGB Nielsen Media Research (Philippines), asubsidiary o AGB Nielsen Media Research.

It has provided Philippine broadcast and advertising companies what itcalls elevision Audience Measurement reports since 1992, through 1,969peoplemeters installed across Metro Manila, and all the urban areas o Rizal,Laguna, Cavite, and Bulacan and parts o Pampanga.

According to Nielsen Media, total ad spending (adspend) in the Philippines romJanuary to September 2011 amounted to P190.02 billion, or about USD4.41billion or televisi

asia media barometer - fes

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