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Media Laws and

Ethics
Basic Broadcast Law
Broadcast Law is the field of law that pertains to broadcasting. These laws and regulations
pertain to radio stations and TV stations, and are also considered to include closely related
services like cable TV and cable radio, as well as satellite TV and satellite radio. Likewise, it also
extends to broadcast networks. Broadcast law includes technical parameters for these facilities,
as well as content issues like copyright, profanity, and localism or regionalism.
Part 1. Program Standards
Article 1. News and Public affairs
 News must be able to inform the public, must have at least 30 minutes program in all
radio stations, and must be factual and straightforward.
 Accepting any form of bribery to publish falsity or to make stories prevalent is
prohibited.
 Expressing personal opinions is discouraged to avoid planting biases on the listeners.
 Selection of credible sources must be carefully done.
 Identity of news sources must me stated, unless confidentiality was demanded upon
getting the news.
 Airing of rumors or gossips shall in lieu of news is prohibited.
 Unconfirmed reports shall not be aired unless immediately necessary for public
knowledge, and must be verified as soon as possible.
 Interviews must be properly presented and must not be edited.
 Conventional methods must first be used. Unconventional methods are only used if the
there are no others resorts.
 Only trained journalists shall use unconventional techniques in information gathering.
 Labels and identity of subjects of audio, video and photo files must be visible in time
broadcasting.
 Re-enactment of events must be clearly labeled.
 News and commentaries must not be sensationalized.
Article 2. Analysis and Commentaries
 Analysis and commentaries shall be able to encourage public discussion of issues, shall
be handled by persons who practice broadcasting ethics, and shall inform the public of
current issues.
 Contrasting ideas shall be presented fairly, and must not distort the facts.
Article 3. Coverage Involving Children
 The child dignity must be respected and his/her innocence must not be exploited.
 Sensationalizing disabled children or children belonging to ethnic groups must be
avoided.
 “Ambush” interviews of children are avoided. Respect for their privacy must always be
observed.
 Children shall be protected for emotional stress, shall be consented before interviewed,
ans mist be interviewed by authorized persons only.
 Bribing children to re-tell traumatic experienced is prohibited.
 Any programs/materials involving children must comply with the laws.
Article 4. Personal Attacks
 Personal attacks against to any person or fellow broadcaster are prohibited.
 When personal attacks are aired, an opportunity to reply must be granted to the
attacked person/institution.
Article 5. Correcting Mistakes
 When a mistake is aired, it must be identified and corrected.
Article 6. Crime and Crisis Situations
 The coverage of crimes in progress/crisis situations shall consider safety above public
interest, and shall not provide support to the perpetrator.
 Plans of resolving the situation must not be broadcasted.
 The station/personnel must not engage in communication with the perpetuator without
coordination with officers.
 Anchors/reporters/station personnel shall not initiate negotiations or interfere with
negotiations conducted by officers.
 Provoking the perpetuator is prohibited.
 Persons taken into custody by authorities must not be identified unless formal complaint
against them has been filed.
Article 7. Individual Rights
 The right to privacy of individuals must be respected.
 Persons grieving must be treated with sensitivity. They shall be allowed to grieve in
private.
 News coverage must not interfere with one’s right to be presumed innocent until proven
guilty.
 Proper labelling of persons should be observed to protect their reputation and safety.
 Humiliation of any persons is prohibited.
Article 8. Political Propaganda
 Programs must not favour any candidate of political party.
 Airtime of political propaganda and its rates must follow the laws.
 All broadcast of election propaganda must be labelled “paid for by” followed by the name
of candidate or propaganda.
Article 9. Public Complaints and Grievances
 Complaints, criticism, or grievances against persons/institutions must be limited to the
issues that are of public interest.
 Identity of complainants must be verified before it is can be aired.
 Subjects of complaint, criticisms or grievances aired must be given opportunity to reply
by the station where complains against them are aired.
Article 10. Calls or Messages
 Calls or messages on air shall be guided on the manners and language they are to use on
air.
 Ensuring legitimacy of requested airing of calls or appeals must be considered.
 Airing of personal calls, appeal or messages from unknown sources is prohibited.
 Article 11. Children’s Programs and Welfare
 Programs promoting children’s development are encouraged.
 At least 15% daily airtime shall be suitable for children.
 Children’s programs shall not promote violence and depict sexual subjects.
 Children’s programs shall promote values and shall complement learning from school.
 Advertisements of products and services or trailers not suitable for children must not be
aired on children’s programs.
 Any material that is harmful to children must be aired before after a children’s program.
 Trailers classifies as Restricted (R) by the MTRCB shall be aired only between 9:00pm
and 5:00am.
Article 12. Religion
 Religious programs must promote the positive role of religion in society.
 Religious programs must not aim to accuse any person or organizations with different
beliefs.
 Religious programs shall observe the freedoms of religion and religious expression.
Article 13. Superstition and the Occult
 Programs featuring superstitions shall not induce belief in them. Programs that promote
occult practices and the like are prohibited.
Article 14. Medical, Legal and Other Professional Advice
 Only duly qualified and authorized persons shall be allowed to give medical, legal or
other advices. Any medical, legal or professional information must come from authorized
sources.
 Any information on alternative medicine shall comply the regulations of the BFAD.
Article 15. Music
 Broadcast stations shall promote Filipino music.
 Radio stations must play at least 4 Original Pilipino Music (OPM) per hour.
 Music with lyrics that don’t conform to Filipino values shall not be played.
 Sing with vulgar lyrics or that promotes racism or Satanism shall not be played.
 Bribery in exchange for playing music on air is prohibited.
 Ranking of recorded music must be based on valid criteria.
Article 16. Fund Raising
 Fund raising programs or messages shall clearly state the organizers and its beneficiaries.
Article 17. Quiz Shoes, Contests, Public Participation Programs and Promotions
 Contests and promos shall be conducted with fairness and must comply with the
regulations.
 All contest rules and details must be announced 3 days prior to the contest. Winners and
prizes shall be announced after the contest.
 Participation must not destroy the participants’ reputation.
Article 18. Gambling and Betting
 The coverage of forms of gambling and betting can be allowed and conducted only by
authorized government agencies or if licensed or authorized.
 A warning that gambling or betting programs are not suitable for children must be stated
before the airing of such programs.
 The announcement of gambling and betting results shall be authorized.
 Advertising lotteries must not entice the public to bet.
Article 19. National Development
 Support for national development shall be pursued always. Public Service
Announcements (PSAs) that promote national development shall be aired.
Article 20. Culture and Tradition
 Traditional Filipino values must be promoted.
 Any form of disrespect to traditions and cultures is prohibited.
 Opportunities to promote and/or express Filipino identity must be available.
 Broadcasters must immerse in cultures to deliver the best service to communities.
Article 21. Respect for Law and Order
 Broadcast facilities must not be used to advocate violence against the government.
Article 22. Discrimination
 A person’s colour, race ethnicity, gender, and disability shall not be used to ridicule
him/her.
Article 23. Mentally and Physically Challenged Persons
 Mentally and physically challenged persons shall be treated with respect.
Article 24. Crime and Violence
 Crime and violence shall not be presents as good.
 Criminals shall not be glorified.
 Violence shall not be promoted.
Article 25. Sex, Obscenity and Pornography
 Sex and related subjects must be treated with care.
 Pre-marital and extra-marital sex must not me justified.
 Explicit depiction of sexual acts shall be prohibited.
Article 26. Liquor, Cigarettes, and Dangerous Drugs
 The of liquor, cigarettes and dangerous drugs must not be presented as acceptable.
Article 27. On-air Language
 Vulgar language is prohibited. Language tending to promote violence is prohibited.
 Personal insults are prohibited.
Article 28. On-air Decorum
 Behavior of persons in entertainment and variety programs must be appropriate.
 Persons who are not sober shall not be allowed to go on air.
Article 29. Qualification of On-air/Program Persons
 Persons allowed to handle programs shall have adequate knowledge and competence to
insure integrity and credibility of the broadcast media.
Article 30. Accreditation
 Persons who go on air and whose job is to produce material which go on air must have
accreditation from KBP.
Article 31. Bribery
 Asking or receiving any form of bribes is prohibited.
Article 32. Blocktimers
 The term blocktimer shall refer to natural or juridical person that buys contracts for or is
given broadcast airtime.
Article 33. Universal Ethical Standards
 Universally accepted ethical practices and code of conduct, about Philippine laws are
adopted in this code.
 Violations of the code of conduct for broadcast media not covered by his code shall be
sanctioned with censure.

Part 2. ADVERTISING STANDARDS


Article 1: RESPONSIBILITY OF THE NETWORK
 The primary aim of advertising shall be to provide the public with honest, truthful and
adequate information on products and services. A network/station shall refuse
advertisements where is sufficient reason to doubt the integrity of the advertisers and
the truth of the advertising representation.
Article 2: USE OF CHILDREN IN ADVERTISING
 Networks/stations and advertisers shall exercise special caution with the contents and
presentation of television commercials within and around programs designed for
children 12 years and below. Exploitation of children shall be avoided. Commercials
directed to children shall in no way mislead ad to the product’s performance and
usefulness.
Article 3: GENERAL PRINCIPLES OF ADVERTISING
 Networks/station shall honor and strictly adhere to their contractual obligations and
commitments to advertisers and advertising agencies.
Article 4: TIME STANDARDS FOR NON-PROGRAM MATERIALS
 Commercial interruptions shall be scheduled in such a manners as to provide continuous
viewing pleasure. All networks shall regulate the placement, duration and frequency of
nontraditional advertisements so as not to duly intrude into the program content.
Article 5: GENERAL ADVERTISING STANDARDS
 Advertisements shall not contain messages which deride or otherwise discredit the law
and its enforcement.
Article 6: USE OF CRAWLS/SUPERIMPOSITION
 Advertising messages via electronic or manual means, either static or crawl, shall only be
allowed in the following:
a. all programs brought in from outside the Philippines via satellite;
b. live sporting events
Article 7: STATION LOGS
 Networks shall maintain a standard operations log that shall faithfully reflect and record
all on-air activities such as program and commercial placements, which shall be the sole
basis of certificates of performance (CP’s) and billing invoices, unless otherwise
impugned by superior evidence.
Article 8: TELECAST ORDERS
 Networks/stations shall honor for implementation, all telecast orders/broadcast orders,
agency memos, media memos, purchase orders, job orders, TEMPORARY TELECAST
ORDERS and letters of authority issued by advertising agencies, provided they are in
order and acceptable. Likewise, the advertising agency shall equally accept full
responsibility for such placements.
Article 9: FRAUDULENT BILLING
 A network shall not intentionally issue or cause to be issued to any advertiser,
advertising agency or sponsor, any billing invoice, affidavit or document which contains
false information or which misrepresents the nature, content, schedule or advertising of
sponsored material. The accuracy and veracity of said documents shall be the
responsibility of the network/station.
Article 10: PAYMENTS
 Billing invoices of a station shall be paid in full within the prescribed period of sixty (60)
days.
Article 11: AIRING OF BANNED ACCOUNT
 Any station which airs the commercial or promotional material of a suspended account
shall be penalized in the amount equivalent to 100% of the total portion of the performed
business of the broadcast contract at the time of the discovery of the violation plus a fine
of 25% of the performed business.
Article 12: NON-REGULAR ADVERTISEMENTS
 A non-regular advertisement commonly known a “casual plugs” is any mention or
display of an identifiable product or service in the course of a program or in the credits
other than through traditional advertisements or commercials. It is commonly used as
series of back-to-back announcements of different products, services and business
establishments.
Article 13: MEDICAL PRODUCTS
 Commercials for services of over-the-counter products involving health consideration are
of intimate and far-reaching importance to the customer.
Article 14: CONTESTS
 When advertising is accepted which requests contestants to submit items of product
identification or other evidence of purchase pf products, reasonable facsimiles thereof
shall be made acceptable unless award is based upon skill and not by chance.
Article 15: GUARANTEES, OFFERS AND PROMOTIONS
 Full details of proposed offers shall be required by the network for evaluation and
approval before the offer is made public.
Article 16: LIQUOR AND ALCOHOLIC DRINKS
 The advertising of beer, wines and hard liquor shall be presented in the best of good taste
and discretion.
Article 17: GAMBLING AND LOTTERIES
 Advertisements related to betting and gambling shall not be allowed except for the
regular sweepstakes draw and lotto.
Article 18: CIGARETTES AND TOBACCO
 Advertisements of cigarettes and tobacco shall not depict the actual inhaling of such
products.
Article 19: BLOCKTIMERS
 It shall be the responsibility of each network to monitor blocktimer’s marketing
practices and to implement the agreed on-the-air policies of the association.

Part 3. PENALTY PROVISIONS


Article 1: GRAVE PENALTIES
 For the first offense, a fine of P 7,000 and/or written reprimand to individual
employee/blocktimer/announcer and censure for the station.
Article 2: SERIOUS PENALTIES
 For the first offense, a fine of P 5,000 and/or written reprimand to individual
employee/blocktimer/announcer and censure for the station.
Article 3: LIGHT PENALTIES
 For the first offense, a fine of P 3,000 and/or written reprimand to individual
employee/blocktimer/announcer and censure for the station.

KBP Code of Ethics


The FCC and Freedom of Speech. The First Amendment, as well as Section 326 of the
Communications Act, prohibits the Commission from censoring broadcast material and from
interfering with freedom of expression in broadcasting. The Constitution’s protection of free
speech includes that of programming that may be objectionable to many viewer or listeners.
Thus, the FCC cannot prevent the broadcast of any particular point of view. In this regard, the
Commission has observed that “the public interest is best served by permitting free expression
of views.” However, the right to broadcast material is not absolute. There are some restrictions
on the material that a licensee can broadcast. We discuss these restrictions below.
Licensee Discretion. Because the Commission cannot dictate to licensees what programming
they may air, each individual radio and TV station licensee generally has discretion to select
what its station broadcasts and to otherwise determine how it can best serve its community of
license. Licensees are responsible for selecting their entertainment programming, as well as
programs concerning local issues, news, public affairs, religion, sports events, and other subjects.
As discussed at page 29 of this Manual, broadcast licensees must periodically make available
detailed information about the programming that they air to meet the needs and problems of
their communities, which can be found in each station public file. They also decide how their
programs will be structured and whether to edit or reschedule material for broadcasting. In
light of the First Amendment and Section 326 of the Communications Act, we do not substitute
our judgment for that of the licensee, nor do we advise stations on artistic standards, format,
grammar, or the quality of their programming. Licensees also have broad discretion regarding
commercials, with the exception of those for political candidates during an election and the
limitations on advertisements aired during children’s programming (we discuss these respective
requirements at pages 13-14, and 17 of this Manual).

Criticism, Ridicule, and Humor Concerning Individuals, Groups, and Institutions. The
First Amendment's guarantee of freedom of speech similarly protects programming that
stereotype or may otherwise offend people with regard to their religion, race, national
background, gender, or other characteristics. It also protects broadcasts that criticize or
ridicule established customs and institutions, including the government and its officials. The
Commission recognizes that, under our Constitution, people must be free to say things that the
majority may abhor, not only what most people may find tolerable or congenial. However, if you
are offended by a station’s programming, we urge you to make your concerns known to the
station licensee, in writing.

Programming Access. In light of their discretion to formulate their programming, station


licensees are not required to broadcast everything that is offered or otherwise suggested to
them. Except as required by the Communications Act, including the use of stations by
candidates for public office (discussed at pages 13-14 of this Manual), licensees have no
obligation to allow any particular person or group to participate in a broadcast or to present
that person or group’s remarks.

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