Title
Franchise for Radio and TV Broadcasting
Law
Republic Act No. 4402
Decision Date
Jun 19, 1965
Republic Act No. 4402 grants Lazaro B. Belgica a franchise to construct and operate radio broadcasting and television stations in the Philippines, with obligations to provide public service time, adhere to ethical practices, and refrain from broadcasting obscene or false content, while also allowing for government use during emergencies.
A

Obligations Related to Public Service and Ethics

  • The franchisee shall provide airtime for government to disseminate information on important public issues.
  • Stations must assist in public information and education.
  • Operations must conform to ethics of honest enterprise.
  • The broadcast content must not include obscene or indecent language, acts or scenes, false information, or content detrimental to public health.
  • Broadcasting that incites or assists in subversive or treasonable acts is prohibited.

Equal Terms Clause

  • If any competing franchise granted by Congress has more favorable terms, such terms shall automatically apply to Belgica's franchise to avoid disadvantage.

Government's Special Rights in Emergencies

  • The President may close or take possession of the franchisee's stations during war, rebellion, public peril, or other national emergencies without compensating the grantee.

Bond Requirement

  • The grantee must file a bond of PHP 10,000 to guarantee compliance with franchise conditions.

Censorship and Liability

  • No prior censorship of broadcast content is required.
  • The franchisee is not liable for violations of law or infringement by broadcast content.
  • The franchisee must immediately cut off any broadcast inciting treason, rebellion, sedition, or containing indecent or immoral content.
  • Failure to cut off prohibited content may lead to franchise cancellation.

Indemnity to Government

  • The grantee shall hold the government harmless against claims or damages arising from accidents or injuries caused by station construction or operation.

Transfer and Assignment Restrictions

  • The franchise or its rights may not be leased, transferred, sold, assigned, or merged without prior congressional approval.
  • Any successor is subject to all franchise conditions, terms, and limitations.

Congressional Authority to Amend Franchise

  • Congress may amend, alter, or repeal the franchise when public interest requires.

Tax Obligations

  • The grantee must pay all applicable taxes on property and those imposed under the National Internal Revenue Code related to the franchise.

Non-exclusivity of Franchise

  • The franchise does not grant exclusive privileges; others may be granted similar franchises.

Effectivity

  • The Act takes effect immediately upon approval.

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