Title
Mandatory Taping of Broadcast Programs
Law
Ntc Memorandum Circular No. 05-06-2008
Decision Date
Jun 11, 2008
The National Telecommunications Commission (NTC) requires all radio, television, and cable television stations to tape and retain certain types of programs, with penalties for non-compliance, in order to regulate and supervise broadcasting content.
A

What stations must tape and record

  • Section 1 requires that all radio and television stations tape and/or record their programs within the covered categories.
  • Covered Talk Shows/Live Phone-in Calls include programs such as Umagang Kay Ganda, Unang Hirit, Mel and Joey, Sharon, Palaban, and Boy and Kris.
  • Covered Live Interviews/Public Affairs Programs/Public Service Programs include programs such as Imbestigador, XXX, and Saksi.
  • Covered News Analysis/Editorials/Commentaries/Documentaries include programs such as TV Patrol World, 24 Oras, Balitang Balita, and Teledyaryo.
  • Covered Magazine Types/Counseling Programs include programs such as Probe, Pinoy Meets World, and The Buzz.

CATV coverage requirement

  • Section 2 requires that CATV stations that produce and/or air content/programs similar to the covered radio/television program categories must likewise tape and/or record those programs.
  • The obligation in Section 2 applies to both producing and airing CATV content that is similar to the listed categories.

Retention and preservation periods

  • Section 3 requires all radio, television, and CATV stations to retain the taped/recorded programs for ten (10) days.
  • The retention period in Section 3 applies unless a longer period is required by the Commission, as provided under Section 4.

Requests by aggrieved parties and court access

  • Section 4 allows any aggrieved party who has a complaint relating to content and who intends to file an action before the regular courts to request a copy of the taped/recorded program.
  • The aggrieved party must file a written request with the NTC to obtain access to 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.
  • The preservation order lasts for thirty (30) more days unless the circumstances warrant a longer period.
  • Section 4 provides that tapes/recordings shall be made available to the aggrieved party or any other person only upon order of the court.

Penalties and sanctions for violations

  • Section 5 imposes penalties and sanctions for non-compliance with and/or violation of the circular.
  • For a first offense, the penalty is a fine in the amount of PHP 5,000.00.
  • For a second offense, the penalty is fine and/or suspension of the licenses and permits.
  • For subsequent offenses, the penalty is fine and/or suspension/revocation of licenses and permits.

Effectivity, publication, and filing

  • Section 8 provides that the circular takes effect fifteen (15) days after its publication in a newspaper of general circulation.
  • Section 8 further requires effectivity upon filing with the University of the Philippines Law Center of three (3) copies of the circular.
  • Section 8 states that adoption was made on 11 June 2008.

Amendment, supersession, and future changes

  • Section 6 authorizes the NTC to revoke, revise, or amend the circular as it deems fit in accordance with law.
  • Section 7 provides that any circular/order/memorandum or any portion inconsistent with the circular is deemed modified/amended or superseded accordingly.

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