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Mr. Robin Jacob

SEC Opinion • Securities and Exchange Commission • Opinions • Nov 26, 1993

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November 26, 1993 Mr. Robin Jacob P.O. Box 307 Camp Aguinaldo Gate I Murphy, Libis, Q.C. S i r : This refers to your letter of November 16, 1993 requesting for clarification on whether or not a record company and a film company fall within the meaning of "mass media " as contemplated under Sec. 11 (1) of Article XV of the 1986 Constitution, quoted hereunder: "SECTION 11. (1) The ownership and management of mass media shall be limited to citizens of the Philippines, or to corporations, cooperatives or associations, wholly-owned and managed by such citizens ." LLjur The above-provision expressly limits the ownership and management of "mass media" to citizens of the Philippines or to corporations, associations wholly owned and managed by such citizen. The reason behind the provision is obvious. Mass Media play such an important role in national life as it may influence the way people think and act. It seeks to ensure that entities engaging in said line of business are free from fore influence. The term "mass media " embraces means of communications which reach and influence large number of people. It is divided into two groups: Print media and Broadcast media. "Print media" includes all newspapers, periodicals, magazines, journals and publications and all advertisings therein, and billboards, neon signs and the like. "Broadcast Media" includes radio and television broadcasting in all their aspects and all other cinematographic or radio promotions and advertising. (Sec. P. D. 576) Thus, the Department of Justice defines the term "mass media" as any medium of communication , a newspaper, radio, motion pictures, television, designed to reach the masses . (Department of Justice Opinion No. 24, S. 1986, citing Op. 163, S. 1973) The distinctive feature of any mass media undertaking is the dissemination of information and ideas to the public, or a portion thereof. (Ibid, citing Op. No. 120, S. 1982) The citizenship requirement is intended to prevent the use of such facility by aliens to influence public opinion to the detriment of the best interest of the nation . (Ibid, citing Quisumbing-Fernando Constitutional Law, 1984) In short, the above Constitutional provision was intended to cover entities engaged in the gathering, transmission or dissemination of news, information, messages, signals, and any form of written, oral, or visual communications and shall embrace any print medium, radio, television, films, movies, wire and any form of messages or communication designed to reach the general public and which would tend to affect national life . Therefore, considering that records and movie films tend to affect or influence the ideas, ideals, standards or aims of the general masses, they are considered "mass media", and therefore, any entity engaged in the production or distribution thereof is subject to the aforecited Constitutional provision. dctai Please be advised accordingly. Very truly yours, (SGD.) ROSARIO N. LOPEZ Chairman * Copied verbatim from documents obtained directly from the Securities and Exchange Commission .

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