Documente Academic
Documente Profesional
Documente Cultură
1973
November 21, 1973
Sir :
This is in reply to your request for opinion, in the light of the effectivity of the
new Constitution, on the following questions:
"Art. XV. Sec. 7(1) The ownership and management of mass media
shall be limited to citizens of the Philippines or to corporations or associations
wholly owned and management by such citizens.
Presidential Decree No. 191, which created the Media Advisory Council, to
pass upon applications of mass media for permission to operate, includes in the
enumeration of mass media "newspaper, magazine, periodical, or publication of any
kind, radio, television, and telecommunications facility, station or network" (see also
Copyright 1994-2016 CD Technologies Asia, Inc. Opinions of the DOJ Secretary 2015 1
PD No. 36 creating the Mass Media Council, which preceded the Media Advisory
Council). The Rules and Regulations promulgated by the Media Advisory Council,
approved by the President of the Philippines, defined "mass media" as LexLib
It will be seen that while the definitions of mass media for purposes of the
Media Advisory Council law are broad enough to include telecommunications
facilities, stations or network, and wire and radio communication services, the
Constitution itself distinguishes commercial telecommunications from mass media by
imposing a different nationality requirement, i.e., while ownership and management
of mass media shall be limited to citizen of the Philippines or to corporations or
associations wholly owned and managed by such citizens, it is merely required, with
respect to entities engaged in commercial telecommunications, that the governing
body be controlled by citizens of the Philippines, There is no question therefore, that
for purposes of implementing the citizenship requirement with respect to the
ownership and management of mass media. commercial telecommunications should
be excepted there from, it being sufficient that the governing body of entities engaged
therein be controlled by Philippine citizens. For this purpose, telecommunication
may be defined in its generally accepted meaning, i.e., communication at a distance,
as by cable, radio, telegraph, telephone, or television, (see Webster's Third New
International Dictionary) on a person to person or station-to-station basis, as
distinguished from communications services which are designed to reach the general
public or the mass of the people.
As used with respect to P.D. No. 131, which requires all mass media facilities
to secure prior permission to operate from the Media Advisory Council, the statutory
definition, which would seem to include commercial telecommunications, will be
applicable.
Copyright 1994-2016 CD Technologies Asia, Inc. Opinions of the DOJ Secretary 2015 2
mass media, which includes all officers appointed or elected or otherwise authorized
to manage or direct its affairs, like the president or manager, should be citizens of the
Philippines. Membership of aliens in the governing body, like the board of directors
or board of trustees, of any mass media enterprise is thus prescribed.
The provisions of the Anti-Dummy Law are likewise pertinent. Section 2-A
thereof reads:
Copyright 1994-2016 CD Technologies Asia, Inc. Opinions of the DOJ Secretary 2015 4