QuestionsQuestions (Republic Act No. 8105)
RA 8105 amends the franchise of Kalayaan Broadcasting System, Inc., which was originally granted under Republic Act No. 7303.
Subject to the Constitution and applicable laws, the grantee is granted a franchise to construct, install, operate, and maintain for commercial purposes and in the public interest radio and television stations in the island of Mindanao, with technological auxiliaries/facilities, special broadcast/program/distribution services, relay stations, and facilities for the grantee’s private use in broadcast activities.
It means the franchise grant is not absolute; the grantee must comply with constitutional requirements and all applicable statutes, implementing rules, and regulations governing broadcasting and related activities.
In the island of Mindanao.
Yes. Section 1 expressly states that the stations may be operated for “commercial purposes and in the public interest.”
It includes technological auxiliaries/facilities, special broadcast and other program and distribution services, relay stations, and radio communication and television facilities for the grantee’s private use in its broadcast activities.
It inserted a new section between Sections 11 and 12 of RA 7303 and denominated it as Section 12, and then renumbered the succeeding sections accordingly.
The grantee shall not require any prior censorship in any speech, play, act, scene, or other matter to be broadcast or telecast from its station, subject to specific carve-outs.
When the tendency of the matter is to propose and/or incite treason, rebellion or sedition, or when the language used is indecent or immoral and there is a willful failure to cut off.
Willful failure to cut off from the air the prohibited content (treason/rebellion/sedition tendencies or indecent/immoral language) constitutes a valid cause for cancellation of the franchise.
It prohibits requiring prior censorship by the grantee for broadcasts/telecasts, meaning the grantee generally cannot pre-screen or suppress content beforehand as a policy requirement.
It reflects free speech and freedom of broadcast/press principles by limiting government- or franchise-based prior restraints, while still allowing narrow post-detection action to prevent specific unlawful or indecent/immoral broadcasts as described.
It shall take effect fifteen (15) days from the date of its publication in at least two (2) newspapers of general circulation in the Philippines.
It cites Sec. 27(1), Article VI of the Constitution. This means that if the President does not sign the bill within the constitutionally allotted time, it becomes law by lapse into law.
Because it removes the requirement for prior censorship but still imposes compliance obligations and consequences for certain content (treason/rebellion/sedition incitement and indecent/immoral language).
A willful refusal/failure to cut off constitutes a valid cause for the cancellation of the franchise.