QuestionsQuestions (NTC MEMORANDUM CIRCULAR NO. 05-06-2008)
The circular states it is issued pursuant to NTC’s supervisory, adjudicatory, and regulatory functions over radio and television stations and CATV stations under Act 3846 (as amended), Order No. 546 (series of 1979), and Executive Order No. 436 (series of 1997).
All radio and television stations, and CATV stations that produce and/or air content/programs similar to the listed types, are covered.
Examples include: (1) Talk Shows/Live Phone-in Calls, (2) Live Interviews/Public Affairs/Public Service Programs, (3) News Analysis/Editorials/Commentaries/Documentaries, and (4) Magazine Types/Counseling Programs.
They must tape and/or record all program types enumerated in Section 1, which include talk shows/live phone-in calls, public affairs/public service programs, news analysis/commentaries/documentaries, and magazine/counseling programs.
Stations must retain and preserve the tapes/recordings for ten (10) days, unless a longer period is required by the Commission under Section 4.
If the aggrieved party has a complaint and intends to file an action before the regular courts, they may file a written request with the NTC for a copy of the taped/recorded program.
The Commissioner or any duly designated NTC official may direct the concerned station to preserve the tape/recording for thirty (30) more days from receipt of the order, unless circumstances warrant a longer period.
The tapes/recordings shall be made available only upon order of the court (i.e., even if NTC orders preservation, release requires a court order).
No. Availability to the aggrieved party or any other person is only upon order of the court.
First offense: fine of P5,000.00. Second offense: fine and/or suspension of licenses and permits. Subsequent offenses: fine and/or suspension/revocation of licenses and permits.
For subsequent offenses, the circular allows the imposition of a fine and/or suspension or revocation of licenses and permits, which is more severe than the first (fine only) and second (fine and/or suspension).
It takes effect fifteen (15) days after publication in a newspaper of general circulation and upon filing with the University of the Philippines Law Center of three (3) copies.
The circular may be revoked, revised, or amended as the Commission deems fit in accordance with law.
Any circular/order/memorandum or portion thereof inconsistent with this circular is deemed modified/amended or superseded accordingly.
Yes. Under Section 4, tapes/recordings are made available to the aggrieved party only upon order of the court, regardless of NTC’s preservation directives.