Kalayaan Broadcasting System Franchise Amendment

Section 1 of Republic Act No. 8105 amends Section 1 of Republic Act No. 7303.
Republic Act No. 8105 inserts a new Section 12 between Sections 11 and 12 of Republic Act No. 7303, and renumbers succeeding sections accordingly.
The franchise is expressly granted subject to the provisions of the Constitution and applicable laws, rules and regulations.

The franchise granted to Kalayaan Broadcasting System, Incorporated (the “grantee”) covers radio broadcasting and television stations in the island of Mindanao.
The franchise also covers the installation, operation, and maintenance of corresponding technological auxiliaries or facilities, including special broadcast and other program and distribution services and relay stations.
The franchise authorizes the grantee to construct, install, operate and maintain broadcasting-related facilities for commercial purposes and in the public interest.
The franchise authorizes installation of radio communication and television facilities for the grantee’s private use in its broadcast activities.

Section 12(a) requires the grantee to not require any prior censorship in any speech, play, act, scene, or other matter to be broadcast or telecast from its station.
During any broadcast or telecast, Section 12(a) authorizes the grantee to cut off from the air any speech, play, act, or scene or other matter being broadcast or telecast.
Section 12(a) limits cut-off to matters whose tendency is to propose and/or incite treason, rebellion or sedition.
Section 12(a) also permits cut-off when the language used is indecent or immoral.
Section 12(a) provides that willful failure to cut off constitutes a valid cause for the cancellation of this franchise.