Code

BY THE BOOK: A LEGAL GUIDE FOR A MEDIA PRACTITIONER
CONTENTS
1. JOurNaliSTS COdE Of EThiCS 2. BrOadCaST COdE Of ThE PhiliPPiNES 3. iNTErNET aNd mOBilE markETiNg aSSOCiaTiON Of ThE PhiliPPiNES COdE Of EThiCS 4. OuTdOOr advErTiSiNg aSSOCiaTiON Of ThE PhiliPPiNES COdE Of EThiCS 5. PhiliPPiNE COPyrighT law 6. COmmuNiCaTiON iN ThE 1987 CONSiTuTiON Of ThE rEPuBliC Of ThE PhiliPPiNES
Compilation by anthony Q. Esguerra

BY THE BOOK: A LEGAL GUIDE FOR A MEDIA PRACTITIONER BY THE BOOK: A LEGAL GUIDE FOR A MEDIA PRACTITIONER
Stand up and pass the message.

JOurNaliSTS COdE Of EThiCS

1. I shall scrupulously report and interpret the news, taking care not to suppress essential facts or to distort the truth by omission or improper emphasis. I recognise the duty to air the other side and the duty to correct substantive errors promptly. 2. I shall not violate confidential information or material given me in the exercise of my calling. 3. I shall resort only to fair and honest methods in my effort to obtain news, photographs and/or documents, and shall properly identify myself as a representative of the press when obtaining any personal interview intended for publication. 4. I shall refrain from writing reports which will adversely affect a private reputation unless the public interest justifies it. At the same time, I shall fight vigorously for public access to information. 5. I shall not let personal motives or interests influence me in the performance of my duties; nor shall I accept or offer any present, gift or other consideration of a nature which may cast doubt on my professional integrity.
6. I shall not commit any act of plagiarism. 7. I shall not in any manner ridicule, cast aspersions on, or degrade any person by reason of sex, creed, religious belief, political conviction, cultural and ethnic origin. 8. I shall presume persons accused of crime of being innocent until proven otherwise. I shall exercise caution in publishing names of minors and women involved in criminal cases so that they may not unjustly lose their standing in society. 9. I shall not take unfair advantage of fellow journalists. 10. I shall accept only such tasks as are compatible with the integrity and dignity of my profession, invoking the conscience clause when duties imposed on me conflict with the voice of my conscience. 11. I shall comport myself in public or while performing my duties as journalist in such manner as to maintain the dignity of my profession. When in doubt, decency should be my watch word.
Be heard. Speak loudly.

BrOadCaST COdE Of ThE PhiliPPiNES

Art. Art. Art. Art. Art. Art. Art. 27. 28. 29. 30. 31. 32. 33. On-Air Language On-Air Decorum Qualification of On-Air/Program Persons Accreditation Bribery Blocktimers Universal Ethical Standards

Preamble Art 1. News and Public Affairs Art. 2. Analysis and Commentaries Art. 3. Coverage Involving Children Art. 4. Personal Attacks Art. 5. Correcting Mistakes Art. 6. Crime and Crisis Situations Art. 7. Individual Rights Art. 8. Political Propaganda Art. 9. Public Complaints and Grievances Art. 10. Personal Calls or Messages Art. 11. Childrens Program and Welfare Art. 12. Religion Art. 13. Superstition and the Occult Art. 14. Medical, Legal and Other Professional Advice Art. 15. Music Art. 16. Fund Raising Art. 17. Quiz Shows, Contests, Public Participation Programs & Promotion Art. 18. Gambling and Betting Art. 19. National Development Art. 20. Culture and Tradition Art. 21. Respect for Law and Order Art. 22. Discrimination Art. 23. Mentally and Physically Challenged Persons Art. 24. Crime and Violence Art. 25. Sex, Obscenity and Pornography Art. 26. Liquor, Cigarettes, and Dangerous Drugs
PrEamBlE WE BELIEVE THAT broadcasting in the Philippines should reflect the hopes and dreams of a freedom loving people; THAT broadcasting is a powerful medium in shaping our country's cultural, social and economic growth and development; THAT broadcasting, because of its immediate and lasting impact on the public, demands of its practitioners a high sense of responsibility, morality, fairness and honesty at all times. THAT broadcasting has an obligation to uphold the properties and customs of civilized society, maintain the respect of the rights and sensitivities of all people, preserve the honor and the sanctity of the family and home, protect the sacredness of individual dignity, and promote national unity.

ParT i. PrOgram STaNdardS article 1. NEwS aNd PuBliC affairS Sec.1. OBJECTivE News and public affairs programs shall aim primarily to inform the public on important current events and issues rather than merely to entertain. (A) Sec. 2. NEwS SChEdulE News shall be part of a stations daily programming. No less than 30 minutes of daily programming should be devoted to news. (S) ----------1 The letter at the end of each provision indicates the class of penalties to be imposed for violations as spelled out in Part III Sec. 3. fairNESS aNd OBJECTiviTy 3.a. News reports shall be fair, factual, and objective. 3.b. Receiving bribes, gifts, privileges or any consideration to favor one side of a story, stop a story from airing , or put any person in either bad or favorable light is prohibited. (G) 3.c. Side comments expressing personal opinions while a news item is being reported or delivered are prohibited to prevent the listener from mistaking opinion for news. 3.d. When presented as part of a news program, editorials or commentaries must be identified as such and presented as distinct from news reports. Sec. 4. NEwS SOurCES 4.a. Care must be taken in selecting news sources since the

credibility of the news rests upon its sources.(A) 4.b. Only news that can be attributed to a source shall be aired. When a source cannot be identified by name, the reason for this should be made clear in the news report. 4.c. News sources must be clearly identified, except when confidentiality of the source was a condition for giving the information. (S) 4.d. Information provided by confidential sources may be aired only if it is in the public interest to do so. (G) 4.e. Before airing information provided by a confidential source, an effort should first be made to look for a source who can be identified or who can corroborate the information provided by the confidential source. (S) 4.f. Press releases may be used as news sources only after the station has verified that they come from an authentic source. (S) 4.g. Suspects or fugitives from the law may be interviewed as news sources. However, they should not be aided, abetted, or encouraged when in the act of planning or committing a crime, or be accompanied on their way to committing a crime.(S) 4.h. Rumors or gossips shall not be aired in the guise of news. Using terms like anonymous source,"confidential source" or unknown source shall not justify the airing of rumors and gossips especially in news programs. (G) Sec. 5. uNCONfirmEd rEPOrTS 5.a. Unconfirmed reports shall not be aired unless there is an immediate and urgent need for the public to know about them, such as when the public needs to be warned of the possibility of an imminent danger.When such reports are aired, it must be emphasized that they are unconfirmed. (S)

5.b. An unconfirmed report must be verified as soon as possible. If an unconfirmed report is found to be false, an announcement saying so must be made. (G) Sec. 6. NEwS iNTErviEwS 6.a. Interviews must be presented in the proper context. Replies of interviewees to questions must not beedited or editorialized in a way that would distort their intended meaning. (S) 6.b. Selecting and phrasing of questions during an interview shall be the primary responsibility of the interviewer. Such questions must be determined primarily by the public interest to be served. (A) 6.c. When the interviewer is not free to choose his questions or the interviewee or source has imposed conditions on the conduct of the interview, this fact must be made clear to the public during the broadcast. (S) Sec. 7. uNCONvENTiONal NEwS gaThEriNg aNd rEPOrTiNg 7a. In the most extreme circumstances, when information being sought is vitally important to public interest or necessary to prevent profound harm, the use of hidden cameras or microphones and other similar techniques of news gathering and reporting may be resorted to. Before resorting to such techniques, conventional methods must first be exhausted. In all cases, the use of such techniques must conform to the law. (G) 7b. When material obtained through such techniques are

broadcast, this must be presented fairly, factually and inthe proper context. The right to privacy must be observed and harm to the innocent avoided. (G) 7c. Unconventional techniques and equipment for information gathering and reporting shall be allowed only for trained journalists and those who are skilled in their use.(G) 7d. When materials that have been obtained through unconventional techniques are received from third parties, their broadcast must conform with the relevant provisions under this section. Sec. 8. NEwS PrOduCTiON aidS aNd TEChNiQuES 8.a. News production aids should not mislead the public. 8.b. Archived or file video, photo, and audio materials should be properly labeled as such when aired and must not be presented in a manner that may cause the public to mistake them as the broadcast of a live or more recent event. (L) 8.c. Subjects of video and voice clips should be clearly identified.(L) 8.d. The simulation or re-enactment of actual events must be clearly labeled as such to avoid misleading the public. (S) 8.e. Text crawls shall not be used for advertising messages during a newscast except during the closing credits.(S) Sec. 9. SENSaTiONaliSm 9.a. The presentation of news and commentaries must always be in good taste. (A) 9.b. Morbid, violent, sensational or alarming details not essential to a factual report are prohibited. 9.c. The presentation of news and commentaries must not be done in a way that would create unnecessary panic or alarm.(G)

aired. (S) Sec. 6. Opposing or contrasting sides of public issues should be fairly presented. (S) Sec. 7. Personal bias or prejudice shall not be allowed to distort the facts. (S) article 3. COvEragE iNvOlviNg ChildrEN Sec. 1. The right to privacy of children must always be respected. Since undue publicity or wrong labeling can cause harm to them, children who are victims of abuse or in conflict with the law shall not be identified, directly or indirectly.Any information that might cause them to be identified shall not be aired.(G) Sec. 2. Surprise and unplanned (ambush) interviews of children are prohibited. (S) Sec. 3. Child victims, child suspects, children accused of a crime, children arrested or detained on suspicion of wrongdoing, and children that are undergoing trial shall be protected from further suffering emotional distress or trauma; they shall be interviewed only upon the consent of their parent or legal guardian, unless the parent or guardian is the accused. The interview shall be conducted only with the authority and supervision of qualified lawyers, psychologists, or social workers responsible for their welfare. (S) Sec. 4. Children should not be required, coerced or bribed to recall and narrate traumatic experiences, demonstrate horrific acts, or describe them in graphic details. (S) Sec. 5. Programs and materials involving children must comply with all pertinent laws, rules and regulations. article 4. PErSONal aTTaCkS Sec. 1. Personal attacks, that is, attacks on the honesty,
Sec. 10. STaTiON EdiTOrialS 10.a. Station editorials shall be clearly identified as such and the station assumes responsibility for the views expressed in them.(L) 10.b. Station editorials may be prepared only by persons who are qualified and expressly authorized by the station to do so. (A) Sec. 11. advErTiSEmENTS iN ThE NEwS 11.a. Advertisements must be clearly distinguished from the news. (L) 11.b. Advertisements in the guise of news are prohibited. article 2. aNalySiS aNd COmmENTariES Sec.1.The airing of public affairs programs and commentaries is encouraged, particularly to give the public the opportunity to participate in discussions of current issues, concerns and events. Sec. 2.Public affairs programs and commentaries shall be handled only by persons who have thorough knowledge of and practice broadcast ethics. (S) Sec. 3. Public affairs programs shall aim to enlighten the citizenry on significant issues, concerns and events.(A) Sec. 4. Public affairs programs shall strive to elicit responsible views on public issues, concerns and events from all sectors of society. Sec. 5. Public affairs programs aired on time contracted to other parties (such as blocktimers) shall name who is responsible for producing the programs every time they are

integrity, or personal qualities of an identified person, institution or group on matters that have no bearing on the public interest are prohibited. (G) Sec. 2. Programs intended to malign, unfairly criticize or attack a person, natural or juridical, are prohibited (G) Sec. 3. Personal attacks against fellow broadcasters are prohibited. (G) Sec. 4. When personal attacks against any person, institution or group are aired, that person, institution or group shall be given a fair opportunity to reply immediately in the same program, if possible, or at the earliest opportunity If not, the opportunity to reply should be given in any other program under similar conditions. (G) article 5. COrrECTiNg miSTakES When a mistake has been broadcast, it must be acknowledged and rectified as soon as possible by stating the mistake and making the correction. (S) article 6. CrimE aNd CriSiS SiTuaTiONS Sec. 1. The coverage of crimes in progress or crisis situations such as hostage-taking or kidnapping shall not put lives in greater danger than what is already inherent in the situation Such coverage should be restrained and care should be taken so as not to hinder or obstruct efforts of authorities to resolve the situation. (G) Sec. 2. A coverage should avoid inflicting undue shock and pain to families and loved ones of victims of crimes, crisis situations, disasters, accidents, and other tragedies. Sec. 3. The identity of victims of crimes or crisis situations in progress shall not be announced until the situation has been resolved or their names have been released by the

authorities. The names of fatalities should be aired only when their next of kin have been notified or their names released, by the authorities. (S) Sec. 4. The coverage of crime or crisis situations shall not provide vital information or offer comfort or supportto the perpetrators. (G) Sec. 5. Stations are encouraged to adopt standard operating procedures (SOPs) consistent with this Code to govern the conduct of their news personnel during the coverage of crime and crisis situations. Sec. 6. Persons who are taken into custody by authorities as victims or for allegedly committing private crimes (such as indecency or lasciviousness), shall not be identified, directly or indirectly -- unless a formal complaint has already been filed against them. They shall not be subjected to undue shame and humiliation, such as showing them in indecent or vulgar acts and poses. article 7. iNdividual righTS Sec.1. The right to privacy of individuals shall be respected. Intrusion into purely private or personal matters which have no bearing on the public interest is prohibited. Sec.2. Persons affected by tragedy or grief shall be treated with sensitivity, respect and discretion; they should be allowed to suffer their grief in private. Sec.3. News coverage must not violate nor interfere with an individuals right to be presumed innocent until proven guilty. (S) Sec.4. Care and sound discretion should be exercised in disclosing the identities of persons, by face or by name, so as not to harm their or their families' reputation and safety. Proper

labeling of a person as a "suspect, "alleged perpetrator," "accused," or "convict(ed)," is required. (S) Sec.5. The broadcast of material showing arrested or detained persons being physically assaulted or verbally abused in a manner that demeans or humiliates them is prohibited. (S) Sec. 6. No broadcast personnel involved in the coverage of arrested or detained persons shall encourage or exhort the commission of violence against the arrested person or detainee. (S) Sec. 7. Telephone calls or interviews must not be aired without informing the other party beforehand.(S) article 8. POliTiCal PrOPagaNda (Note: The provisions under this section have been adopted from R.A. 9006 or the Fair Election Act.) Sec.1. Equal opportunity in the access of airtime shall be given to candidates and political parties. (S) Sec.2. No program or sponsor shall be allowed to manifestly favor or oppose any candidate or political party. However, the right to responsibly inform the public on significant issues and events and the duty to provide a forum for the discussion of such issues and events shall be respected(S) Sec.3. The amount of airtime allotted to political propaganda and the rates to be charged for it shall be consistent with existing laws. (S) Sec.4. When a person employed or engaged in any capacity in a station becomes a candidate or is employed or retained in any capacity by a candidate or political party, he shall go on leave for the duration of the election period or his employment may be terminated by the station.(G)

Sec.5. All broadcasts of election propaganda shall be identified as such and shall be identified through the words "paid for by" followed by the name of the candidate or political party for whom the election propaganda is being broadcast. If the broadcast is donated by the station, the words "airtime for this broadcast was provided free of charge by this station for", followed by the name of the candidate or party, shall be used.(S) Sec.6. All programs related to the campaign and the elections shall be subject to the relevant provisions of this Code and all Election Laws. (S) article 9. PuBliC COmPlaiNTS aNd griEvaNCES Sec.1. Complaints, criticisms, or grievances aired against persons, institutions or group, whether public or private, shall be limited to issues which have a bearing on the public interest. (S) Sec.2. The identity of persons or organizations who are allowed to air complaints, criticisms, or grievances must be verified before they are allowed to go on the air. (L) Sec. 3. Persons, institutions or groups who are the subject of complaints, criticisms, or grievances aired on a station must be given immediate opportunity to reply within the same program, if possible, or at the earliest opportunity. If not, the opportunity to reply should be given in any other program under similar conditions. (G) article 10. PErSONal CallS Or mESSagES Sec.1. Persons who are allowed by the station to make personal calls or appeals (panawagan) or air personal messages or opinions, shall be guided on the manner and language they should use on the air.(L)

Sec.2. Requests for the airing of personal calls, appeals, personal messages or opinions shall be carefully screened to insure that they are legitimate. (L) Sec.3. The airing of personal calls, appeals, messages from anonymous persons or sources are prohibited.(S) Sec.4. Letters, phone calls, e-mails, text messages and the like from unidentified sources or from sources who refuse to be identified shall not be aired. Materials from letters, phone calls, e-mails, text messages and the like when aired must be in accordance with the provisions of this Code and shall be the responsibility of the station. (S) Sec.5. Requests for airtime for public service messages or public service programs shall be carefully reviewed to ensure that the person or group making the request is legitimate and serve a worthy cause. (S) article 11. ChildrENS PrOgramS aNd wElfarE Sec.1. The airing of programs that would help children to develop to their full physical, mental, and social potential shall be encouraged. Sec. 2. At least fifteen percent (15%) of a TV stations daily airtime should be devoted to programs suitable for viewing by children.(S) Sec.3. Childrens programs shall contribute to the sound and balanced development of children. Sec.4. Childrens programs shall not foster violence as a desirable way or a means of resolving conflicts and problems (S) Sec.5. Childrens programs shall not depict inappropriate sexual subjects or violent actions. ( S )

Sec.6. Childrens programs should promote values that would help children to become responsible citizens. Such values include respect for authority and law and order, good manners, love of country, a sense of duty, and the proper concept of courage.(A) Sec.7. Childrens programs should complement what children learn from school. Sec.8. Childrens programs should encourage children in the art of correct speech and pronunciation. Speech and expressions which may hinder the language development of children shall be avoided. Slang and incorrect pronunciation shall be discouraged. (A) Sec.9. Childrens programs shall not encourage children to purchase a product specifically for the purpose of keeping the program on the air. (S) Sec.10. Advertisements of products or services which are not suitable for children or which might cause them physical, mental, psychological or moral harm shall not be aired in or adjacent to childrens programs.(G) Sec.11. The possibility that children might be among the audience should always be considered. Materials that might be physically, mentally, psychologically, or morally harmful to children should not be aired during times when they are likely to be watching or listening(S) Sec. 12. No material that might be physically, mentally, psychologically, or morally harmful to children shall be aired immediately before, during or immediately after a children's program. (G) Sec.13. Trailers of movies classified as R (Restricted) by the Movie and Television Review and Classification Board (MTRCB) shall be aired only between nine oclock in the evening (9:00 p.m.) and five oclock in the morning (5:00 a.m.). (S)

article 12. rEligiON Sec.1. Religious programs shall emphasize the positive role of religion in society. (G) Sec.2 . Religious programs shall not spread false charges or accusations against persons or organizations with different beliefs. Such programs shall not be used to maliciously attack, insult, harass, or ridicule other churches, faiths, sects, or denominations or their followers merely because of their belief.(G) Sec.3. Religious programs shall give due regard to the freedom of religion and religious expression. (A) Sec.4. Religious programs shall comply with other pertinent provisions of this Code. article 13. SuPErSTiTiON aNd ThE OCCulT Sec.1. Programs featuring superstitious and pseudoscientific beliefs and practices, such as supernatural powers, foretelling of the future, astrology, phrenology, palmreading, numerology, mindreading, hypnotism, faith healing or similar subjects shall be careful not to induce belief in them. Care shall be taken to prevent the exploitation of people who may be easily swayed by such superstitious and pseudo-scientific beliefs and practices.(S) Sec.2. Programs or program materials that promote or encourage occult practices, black magic, witchcraft, and similar activities are prohibited. (S) article 14. mEdiCal, lEgal aNd OThEr PrOfESSiONal adviCE Sec.1 Only duly qualified and authorized persons shall be allowed to give medical, legal or other professional advice
(S) Sec.2 . Information about medical, legal and other professional matters, especially those affecting the well-being of others, must come only from authoritative sources. These sources must be identified when the information is aired. (G) Sec.3 Any information on alternative medicine should be identified as such and any therapeutic claim should be consistent with the regulations and certifications of the Bureau of Food and Drugs (BFAD). (G) article 15. muSiC Sec.1. Broadcast stations shall strive to promote the development of Filipino music. Sec.2 . Where appropriate to the program format, radio stations must play at least four (4) Original Pilipino Music (OPMs) per hour. Any music which is composed, performed, adapted, translated, or arranged by a Filipino -- including adaptations and translations into Pilipino or a Philippine dialect of foreign works -- shall be considered an OPM for the purpose of complying with this requirement. The term Filipino shall refer to a Filipino citizen or anyone of Filipino descent. (S) Sec.3. Music with lyrics that run counter to Filipino values shall not be played. ( S) Sec.4. Songs with lyrics or messages that are vulgar, indecent, promote substance abuse, gender discrimination, racism, Satanism, violence or sexual perversion or demeans a member of any sector of society shall not be played (S) Sec.5. The station shall bear primary responsibility for selecting and scheduling the music it airs. It shall not allow undue intrusion in the selection of its music except those dictated by the needs or demands of its audience. In no instance shall the

station surrender, transfer, or waive its responsibility for programming.(S) Sec.6. Demanding or receiving money, goods, services and/ or any other form of consideration without the knowledge and consent of network management in exchange for airing music materials is prohibited.(S) Sec.7. The same recording may not be played more than once in the same clock hour. (L) Sec.8. When airtime for a music program is paid for or produced by a recording company, the name of the recording company shall be announced as the producer or sponsor of the program. (S) Sec.9. The tabulation or ranking of recorded music (Top 10 Hits, Top 40, etc.) must be based on valid criteria (such as album sales, number of requests,etc.) and supported by evidence.(S) article 16. fuNd raiSiNg Programs and messages or announcements for fund-raising activities shall clearly identify the names of the organizers and their beneficiaries. Only legitimate projects and organizations shall be allowed to use broadcast facilities for fund raising.(L) article 17. QuiZ ShOwS, CONTESTS, PuBliC ParTiCiPaTiON PrOgramS aNd PrOmOTiONS Sec.1. Contests and promotions shall be conducted with fairness and shall comply with all pertinent government laws, rules and regulations and the provisions of this Code. Contests and promotions shall not unduly exploit the audience or

participants.(S) Sec. 2. All contest details including rules, eligibility requirements, opening and termination dates shall be completely and clearly announced at least three (3) days before the contest. The winners' names shall be announced and the prizes awarded as soon as possible after the contest. (S) Sec. 3. Public or audience participation programs shall not ridicule, diminish or demean the dignity of an individual participating in such programs. (G) Sec. 4. Performers in programs shall always observe decency and proper decorum. (S) article 18. gamBliNg aNd BETTiNg Sec. 1. The coverage of lotteries, horseracing,cockfighting, and jai-alai may be allowed if they are conducted by duly authorized government agencies or if licensed and authorized by the government. However, such coverage may be aired only after the actual event has taken place and only between 11:00 p.m. and 5:00 a.m. (G) Sec. 2. Programs which feature the coverage of lotteries, horseracing, cockfighting and jai-alai shall air an advisory before the program that it contains materials not suitable for children. (G) Sec. 3. Whenever material containing the coverage of a lottery, horseracing, cockfighting or jai-alai is aired, the public must be continually informed through a voice over announcement, if on radio, or a superimposed text, if on television, that the broadcast is delayed. (G) Sec. 4. Gambling shall never be presented as something good, nor shall the public be encouraged to engage in it.(G) Sec. 5. The announcement of results and schedules of horseracing,

cockfighting, lotteries and jai-alai may be allowed only for those which have been duly authorized by law. However, the announcement of tips is prohibited.(G ) Sec. 6. The announcement of tips, results, and schedules of illegal gambling activities is prohibited. ( G ) Sec. 7. Advertisements only of lotteries that are licensed or authorized by the government shall be allowed. (G) Sec. 8. Advertisements of lotteries shall not exhort the public to bet. Phrases like tumaya na kayo (bet now), bumili na kayo ng ticket (buy a ticket) or yayaman ka sa lotto (youll get rich with lotto) shall not be used. The announcement of tips is prohibited. However, mention of prizes, schedule of draws and results are allowed. ( G ) Sec. 9. Advertisements of lotteries shall not be aired in religious, educational and childrens programs during breaks preceding or following such programs. (G) Sec. 10. Advertisements of horse races and cockfights are allowed only between 11:00 p.m. and 5:00 a.m. (G ) Sec. 11. Advertisements of horse races, cockfights and jai-alai may contain announcements of results but not the announcements of tips. (G) Sec. 12. Advertisements of casinos authorized by the government are allowed, provided that such advertisements do not exhort the public to gamble or bet. Such advertisements shall be in the form of institutional or corporate advertising only and shall not mention or show any gambling activity or paraphernalia. (G) Sec.13. Advertisements of gaming or gambling activities, other than those which conform to provisions above are prohibited.(G)
article 19. NaTiONal dEvElOPmENT Sec.1 . Support for national development in the improvement of the peoples social and economic well-being shall be pursued continually. (A) Sec.2 . Public service announcements (PSAs) that contribute to national development shall be aired. article 20. CulTurE aNd TradiTiON Sec.1 . Traditional Filipino family values such as family unity, mutual respect, trust, helpfulness, and affection shall be upheld. (A) Sec.2. The mores, culture, traditions, and characteristics of people must be respected. Maliciously ridiculing, denigrating or disparaging culture, customs and traditions are prohibited. (G) Sec.3. Opportunities shall be provided for the continuing expression of the Filipino national identity in the sciences, culture, and the arts. Sec.4. The predominant use of Filipino creativity, talent, and other human resources shall be encouraged. Sec.5. Broadcasters must acquaint themselves with the culture, mores, traditions, needs and other characteristics of the locality and its people to best serve the community. (A) article 21. rESPECT fOr law aNd OrdEr Sec. 1. Broadcast facilities shall not be used or allowed to be used for advocating the overthrow of government by force or violence.(G) Sec. 2. The broadcast of materials which tend to incite treason, rebellion, sedition or create civil disorder or disturbance is

prohibited. (G) article 22. diSCrimiNaTiON A persons race, religion, color, ethnicity, gender, and physical or mental disability shall not be used in a way that would embarrass, denigrate, or ridicule him. (G) article 23. mENTally aNd PhySiCally ChallENgEd PErSONS Mentally and physically challenged persons shall betreated with respect and shall not be humiliated or embarrassed due to their disability. (G) article 24. CrimE aNd viOlENCE Sec.1 . Crime and violence and other acts of wrong-doing or injustice shall not be presented as good or attractive or beyond retribution, correction or reform.(G) Sec.2. Criminals shall not be glorified; crime shall always be condemned. ( G ) Sec.3 . Violence shall not be encouraged and horror shall be minimized. Morbid and gory details are prohibited.(G) Sec.4 . Speech or action likely to incite any person to violence or anti-social behavior is prohibited. (G) Sec.5 . Details of a crime or the re-enactment of a crime shall not be presented in such a way that will teach or encourage the audience how to commit it. (G)

Sec.2. Pre-marital sex or extra-marital sex shall not be condoned or justified. (S) Sec.3.Explicit depiction of sexual acts, sexual perversions and nudity are prohibited. (G) Sec.4. Explicit or graphic descriptions of sexual organs, other sensitive parts of the body, and acts generally considered indecent or offensive are prohibited.(G) Sec.5 . Offensive, obscene blasphemous, profane, and vulgar double meaning words and phrases are prohibited, even if understood only by a segment ofthe audience(G) article 26. liQuOr, CigarETTES, aNd daNgErOuS drugS Sec.1. The use of liquor and use of dangerous drugs shall never be presented as socially desirable or acceptable. (S) Sec.2. Smoking shall not be presented as a good habit and shall not be encouraged. (S) article 27. ON-air laNguagE Sec. 1. Vulgar, obscene, or indecent language is prohibited. (G) Sec. 2. Language tending to incite violence, sedition or rebellion is prohibited. (G) Sec. 3. Name-calling and personal insults are prohibited. (G) article 28. ON-air dECOrum Sec.1. Persons who appear in entertainment and variety programs (such as hosts, emcees, talents, guests, participants, and audiences), especially in live shows, shall be decently attired and behave in a way that is considered appropriate in public based on the standards of the community where the programs are aired. (S) Sec.2. Persons who appear in live programs, variety shows, game
article 25. SEX, OBSCENiTy aNd POrNOgraPhy Sec.1 Sex and related subjects must be treated with care and must conform to what is generally accepted as proper (S)

shows and other similar programs shall not be embarrassed, insulted, ridiculed, harassed or humiliated in whatever manner. (G) Sec. 3. Camera and other production techniques should not be used to create indecent and inappropriate images. (G) Sec.4. Persons who are drunk or under the influence of prohibited drugs or substances shall not be allowed to go on the air. (S) article 29. QualifiCaTiON Of ON-air/PrOgram PErSONS Sec. 1. Persons who are allowed to handle programs shall have adequate knowledge and competence for the job to insure the integrity and credibility of the broadcast media. (S) Sec. 2. Program persons shall adhere to the basic principles and ethical standards of journalism, including those provided in this Code.(S) article 30. aCCrEdiTaTiON Persons who regularly go on the air and newswriters, scriptwriters, editors and directors whose job is to produce material which go on-air shall be required to obtain accreditation with the KBP. Stations shall not allow any person to go on the air without the requisite accreditation except in instances provided in the rules of accreditation. (G) article 31. BriBEry Asking or receiving money or any gift, present, benefit, or privilege to favor or put in bad light any person, group, or institution in the course of a broadcast is prohibited Any act that may harm the public interest, damage the station, or

put its credibility in doubt should be avoided.(G) article 32. BlOCkTimErS Sec. 1. The term blocktimer shall refer to natural or juridical persons that buys or contracts for or is given broadcast air time. Blocktimers and on-air performers in blocktime programs shall be required to sign an undertaking to comply with the provisions of this Code and other pertinent policies, rules and regulations of the KBP.(G) Sec. 2. The blocktimer and the on-air performer in the blocktime program shall be jointly and severally liable with the station for any penalty that may be imposed for violations of this Code. article 33. uNivErSal EThiCal STaNdardS Sec. 1. Universally accepted ethical practices and code of conduct for broadcast media, pertinent Philippine laws and their implementing rules and regulations are deemed adopted in this Code. Sec. 2. Violations of universally accepted ethical principles and code of conduct for broadcast media not otherwise specifically covered by this Code shall be sanctioned with censure. ParT ii imPlEmENTiNg rulES aNd rEgulaTiONS article 1. Complaints of violations of this Code shall be handled by the KBP Standards Authority which shall hear and rule on such complaints in accordance with duly established rules of procedure. article 2. Persons, natural and juridical, who are granted airtime, whether

by sale or donation (including blocktimers and independent producers) shall be required to execute an undertaking that they shall be liable, jointly and severally with the station, for all applicable penalties that may be imposed for violations of this Code in their programs. Individuals who go on the air during such airtime shall also be required to execute the same undertaking. article 3. Persons who regularly go on the air and newswriters, scriptwriters, editors and directors whose job is to produce material which go onair are expected to know and understand the provisions of this Code and shall be required to obtain accreditation with the KBP before they are allowed to go on the air. article 4. Copies of this Code shall be provided by the station to all its personnel who go on the air, produce material for airing or who participate in such work, all persons granted programming airtime and those who go on the air during such airtime. ParT iii PENalTiES Article 1. Penalties for violations of the program standards under this Code shall be classified as follows: 1. light Offenses (l) for violations of the following provisions: Article 1, Sec. 8b,8c, 10a, 11a; Article 9, Sec. 2; Article 10, Sec.1,2 ; Article 15, Sec. 7; Article 16.
2. Serious Offense (S) for violations of the following provisions: Article 1, Sec. 2, 3c, 3d,4c,4e,4f,4g, 5a,6a, 6c,8a,8d,8e, 9b, 11b; Article 2, Sec.2, 5, 6, 7; Article 3, Sec. 2, 3, 4; Article 5 ; Article 6, Sec. 2, 3, 6; Article 7, Sec. 2-7; Article 8, Sec. 1-3, 5,6; Article 9, Sec. 1; Article 10, Sec. 3-5; Article 11, Sec.2,4, 5, 9,11,13; Article 13, Sec. 1,2; Article 14, Sec. 1; Article 15, Sec.2-6, 8, 9; Article 17, Sec. 1,2,4; Article 25, Sec.1,2; Article 26, Sec. 1,2; Article 28, Sec. 1,4; Article 29, Sec. 1,2. 3. grave Offense (g) for violations of the following provisions: Article 1, Sec. 3a, 3b, 4b,4d, 4h, 5b , 7a,7b,7c,7d, 9c; Article 3, Sec.1,5; Article 4, Sec. 1-4; Article 6, Sec. 1, 4; Article 7, Sec. 1; Article 8, Sec. 4; Article 9, Sec. 3; Article 11, Sec. 10,12; Article 12, Sec. 1, 2; Article 14, Sec. 2,3; Article 17, Sec.3; Article 18, Sec. 1-13; Article 20, Sec. 2; Article 21, Sec. 1,2; Article 22 ; Article 23 ; Article 24, Sec. 1-5; Article 25, Sec. 3-5; Article 27, Sec. 1-3; Article 28, Sec. 2,3; Article 30; Article 31; Article 32, Sec. 1. article 2. Light (L) offenses shall be subject to the following penalties:
Communicate joy and bliss.

Make connections.
immaP COdE Of EThiCS

Internet & Mobile Marketing Association of the Philippines COdE Of EThiCS final version for ratification The vision of the Internet and Mobile Marketing Association of the Philippines (IMMAP) is to become the premier marketing association for organizations that utilize the internet and mobile as part or their entire business model,recognized and given importance by the industry and marketing practitioners as a vital organization that will provide the marketing industry relevant information and tools related to the web and mobile. mission The mission of IMMAP is to spearhead the use of the internet and mobile to become recognized marketing mediums in the industry by: 1. Establishing a code of ethics and set of standards for the execution of internet and mobile marketing in the country 2. Providing the latest research and studies on the effectiveness of internet and mobile as marketing tools 3. Conduct presentations to advertising and marketing professionals regarding the power brought about by digital and interactive media 4. Develop camaraderie and share best practices among professionals in the digital and interactive industry

5. Create a monitoring and audit standard for market ranking and performance to allow better decision making for advertising and marketing professionals. 6. Growing the industry through the creation and management of global opportunities for members, and making the Philippines a global player in providing digital marketing services. Objectives The IMMAPs code of ethics and set of standards was drafted to provide and maintain high standards for all online and mobile advertisements. It aims to upgrade the practice of online and mobile advertising as a new medium of advertisements. Finally, the code of ethics shall strengthen the effectiveness of the industrys selfregulation. definition of Terms: 1. Short Messaging Service (SMS): A service for sending messages to mobile phones that use Global System for Mobile Communications in text format. 2. Multimedia Messaging Service (MMS): Allows users to send and receive messages containing images, videos, audio and text. 3. Broadcast Messaging Service: Allows one to send the same SMS/ MMS messages to a large number of mobile phones. 4. Commercial advertisements: Advertisements for the purpose of soliciting business regardless of revenue generated.

5.Promotional advertisements: Advertisements designed to increase visibility or sale of a merchandise or product. 6. Opt-in: The subscriber has requested to be included on the specific list to receive direct marketing through electronic media such as SMS, MMS, e-mail, or website advertisements. 7.Opt-out: Unsubscribing from future unsolicited commercial and promotional advertisements, surveys and other Broadcast/ Push messages. 8.Push Messages: Information transmitted to the mobile phone, either subscribed or unsolicited messages without a user request and are initiated by the server of the content provider. 9.Spam Messages: Unsolicited and unwanted commercial and promotional advertisements and surveys.
2. The IMMAPs standards prohibits unfair or deceptive acts or practices on allInternet advertising, marketing, and sales. A representation, omission, or practice is deceptive if it is likely to: mislead consumers (relevant information is left out or if the claim implies something untrue) and affect consumers behavior or decisions about the product or service. An act or practice is unfair if it causes, or is likely to cause danger in ones health, safety, or performance. 3. Claims of product and service properties or characteristics should be clearly presented and should not, in the guise of creativity, be confusingly or misleadingly distorted or exaggerated in the light of the products or services market.
Code of Ethics for an Online and mobile advertisement material a. misleading advertisements 1. The Consumer Act of the Philippines (R.A. No. 7394) and its implementing rules, Department Administrative Order No. 2, Series of 1993, regulate, among others, advertising and sales promotions of consumer products. The Consumer Act prohibits false, deceptive, or misleading advertisements. Comparative advertising is also regulated in the Philippines.
4. Advertisements should not substantially or materially have the same distinguishing features unique to other advertisements, regardless of product or service category, including general layout, copy, slogan, visual presentation, music, or sound effects. 5. An advertisement should avoid any possible confusion as to the identity of the advertiser or the source or identity of a product or service. 6. Advertisements incorporating a test or demonstration of a product or service property or characteristics must clearly,

fairly, factually and accurately present the test or demonstration confirming the claimed product or service property or characteristic. Any test or demonstration may be used only if it directly proves the claimed product or service property or characteristics. 7. Price and purchase terms, when used, should be clear and complete. When parts or accessories that the consumer might reasonably suppose to be part of the original sale are available only at an extra cost or for further consideration, such should be clearly indicated. B. advertising directed to Children: 1. Sellers should take special care not to misrepresent a product or its performance when advertising to children. 2. Commercial websites directed to children under 13 years old or general audience sites that have actual knowledge that they are collecting information from a child must obtain parental permission before collecting such information. 3. Advertising is not permitted for the promotion of child pornography, any sexually suggestive content involving children, or other non-consensual material. 4. Prohibited content also includes ads promoting teen pornography or other pornography that describes models who might be underage. 5. Advertisements directed primarily at the children should

not exploit their natural credulity. 6. Advertisements and promotional activities for proprietary drugs, medicines, devices and treatments should not be directed to children. 7. Advertisements should not allow children taking drugs and medicines without the supervision of a responsible adult. 8. Advertisements should not encourage reckless, improper or antisocial behavior and should not show children in activities that would normally not be allowed by responsible adults for reasons of safety or propriety. 9. Advertisements meant for children should not contain indelicate references to infirmities or scenes depicting physical and mental cruelty. In general, advertisements for children should not show irresponsible, violent or reprehensible acts/practices in a manner that may lead children to interpret or adopt them as normal or acceptable social behavior. C. discriminating advertisements 1. Advertisements and associated websites should not promote violence or derogate a protected group. A protected group is distinguished by their: race or ethnic origin, color, national origin, religion, disability, sex, age, veteran status, sexual orientation/gender identity. 2. Ad text assailing any organization or person (public, private, or protected) is not permitted.

7. Profanity, obscenity and vulgarity, or presentations, which are offensive to contemporary standards of decency or morals, shall not be allowed, even when understood only by a part of the audience. 8. Indecent exposure of the human body shall not be allowed. Some exposure of the human body may be allowed in advertisements when in good taste and relevant to the product or service being advertised, the situation being portrayed or the audience being addressed. E. advertisements of fake Products: 1. Fake documents: Advertising is not permitted for the promotion of fake documents such as fake IDs, passports, social security cards, immigration papers, diplomas, and noble titles. 2. Counterfeit designer goods: Advertising is not permitted for products that are replicas, or imitations, of designer goods. f. Political advertisements:
d. advertisements with Sexual/violent/illegal Content 1. Drugs: Advertising is not permitted for the promotion of illicit drugs and drug paraphernalia including the misuse or abuse of lawfully-acquired drugs and medicines. 2. Drug test: Advertising is not permitted for the promotion of products intended to help individuals pass drug tests such as drug cleansing shakes and urine test additives. 3. Advertisements should not depict dangerous practices or encourage disregard for safety, unless adequately qualified or balanced with a positive presentation or a clear warning within the advertisements. 4. Advertisements should not exploit or tend to promote physical, verbal or psychological violence or the use of deadly weapons (other than for lawful purposes) whether achieved through real or fictional characters or situations. 5. Advertisements should not emphasize or dramatize ailments, distress or morbid situations or use such situations in an offensive manner. Neither should advertisements demean or ridicule persons suffering from physical or mental afflictions or deformities. 6. Prostitution: Advertising is not permitted for the promotion of prostitution.
1. Hate/anti concepts: We do not allow ads that advocate discrimination or hatred against any individual, group or organization. 2. Advertisements should always be readily perceptible as commercial announcements and should not create any misimpression that they are news or editorial items or public service announcements. Applicable guidelines of the relevant media industry should also be observed
g. advertisements Testimonials
with
Professional
data
references/
h. advertisements with Non-Prescription drugs, devices, and Treatments 1. No pharmaceutical product may be advertised unless it has been duly registered with the BFAD. 2. Advertisements for non-prescription drugs, devices, and treatments should not describe or dramatize distress (e.g., death or serious illness) in a morbid manner. 3. Advertisements of all non-prescription drugs should carry the advice, If symptoms persist, consult your physician. 4. In advertising medical products, claims that a product will effect a cure and the use of such words as safe, without risk, harmless, instant, effective or terms of similar import shall not be permitted, unless based on or within the context of and consistent with the indications and labeling of said products as approved by the BFAD. 5. Non-prescription drugs devices treatments may not be directly or indirectly advertised as the answer to conditions of premature aging or loss of virility, unless officially so allowed in writing by the BFAD. 6. Advertisements should not offer any product or treatment for slimming/ weight reduction or figure control if independent medical opinion considers the use of the product or treatment can be harmful.
1. Advertisements using the results of a bona fide research, surveys, or test relating to a product should not be so prepared or disseminated as to be misleading or inaccurate in any manner, including by creating or claiming any implication beyond that clearly established by the research, survey, or test. 2. No No.1 claim with respect to any product or service shall be allowed unless it is clearly delineated and qualified as to render the claim objectively verifiable. The claim should, in any case, be substantiated. 3. Testimonial claims should be genuine and truthful and should be categorically stated as the personal experience or opinion of the endorser and should be clearly presented as part of a testimonial statement. 4. All quotations from or references to laboratory data, statistics and scientific terms used should be presented fairly and in their correct context and should in any case not be presented as to create an impression other than that originally intended by the source. 5. Before and After situations must reflect truthful and factual comparisons. Comparisons of the antecedent situation with the subsequent situation must not be exaggerated or misleading.

7. The word tonic when used in advertisements shall state clearly the specific purpose for which the tonic is to be used or taken and shall not claim nor imply treatment or results related to sexual potency, inadequacy or the aging process. 8. Unlicensed medical practitioners shall not be allowed to advertise their services. 9. Advertisements by a medical practitioner shall be subject to the Code of Ethics and applicable laws and rules of his profession. i. advertisements with Promotions 1. Advertisements for propriety drugs, devices, and treatment offering prizes, promotions, competitions and additional rewards or benefits other than those which can be reasonably expected from the products use, or otherwise involving any promotion may be permitted only with the express written approval of the BFAD. 2. A propriety drug, device or medicine may not be used as a promotional item for any product or services without the express written approval of the BFAD. 3. The word win and/or words of similar meaning may not be used without qualification or as a categorical claim to imply a certainty of winning unless justified by the mechanics of the promotion.

4. Specific prices, which can be won by a single individual, must be made clear and the total value of the prices may be used only if plainly described as the aggregate value of several prizes. 5. Advertisements of raffles, contests, or competitions, which offer prizes should state all, the material conditions for participation. However, if no details or conditions are announced, the advertisement should also state how and where the purchaser may obtain full details of the rules, e.g., See posters and print ads for details. 6. Advertisements of contests or competitions must conform to the regulations of the appropriate government agency. J. advertisements for alcoholic Beverages/Cigarettes 1. Advertisements should not state that smoking and/or drinking is essential to social success or acceptance, that drinking is a genuine symbol of masculinity or that refraining from drinking is a sign of weakness. 2. Advertisements for alcoholic beverages/ cigarettes tobaccos should not depict the act of drinking/ smoking, explicitly or implicitly. 3. Advertisements should not feature or promote excessive drinking or smoking. 4. Advertisements should not claim that drinking or smoking brings about therapeutic, sedative, tranquilizing or stimulating effects or enhances sexual prowess or appeal.

or traditions of the Filipino people.
5. Advertisements for local beverages/ cigarettes may not be aimed at or directed to minors as the target audience Specifically models and talents who are minors and those who portray authority figures or roles meant to appeal specifically to minors (e.g., folk or comic book heroes, war/national heroes, law enforcers) may not appear in such advertisements. 6. Advertisements should not in any manner represent or imply that drinking and driving are safe compatible activities. 7. No advertisements on alcoholic beverages or cigarettes shall appear in any childrens programs, or in childrens magazines, or publications directed specifically to children and minors 8. Alcoholic beverage advertisements should carry the device DRINK MODERATELY 9. All cigarette advertisements should carry, at the end, the statement,GOVERNMENT WARNING: CIGARETTE SMOKING IS DANGEROUS TO YOUR HEALTH. k. advertisements using Philippine Standards and Symbols 1. The Philippine National Flag or any of its earlier versions and the Seal of the Republic may be used as illustrative material only in sober and respectful advertising whose theme is patriotic or commemorative, or reflects the heritage and
2. Historical/national events, national events, national heroes, and national shrines can be used in advertisements only if presented accurately and respectfully and used to promote positive values. 3. The representation of the Philippine Currency in advertisements shall be governed by the rules promulgated by the Bangko Sentral ng Pilipinas Circular No. 61 s. 1995). l. advertisements for financial Services 1. Advertisements for financial services such as lending, investing, and other similar transactions should comply with applicable rules, regulations, and circulars of the Bangko Sentral ng Pilipinas and other appropriate government agencies. 2. Such advertisements should contain a sufficiently clear, concise and complete statement of all the material terms and conditions of the offered financial product, transaction or service in order that the consumer is fairly apprised of the total consideration for and the essential nature of the product, transaction or service. 3. Where other specific details which could influence the consumers decision are not stated, the advertisement should so indicate this and the manner in which complete information may be obtained. For this purpose, the advertisement may use a statement such as For other important details and information, please contact or see _________.

request has been or will be followed through without requiring further action by the consumer. 7. Every email or text marketing communication should clearly identify the sender of the message. The subject line and body text in the communication should accurately reflect the content, origin, and purpose of the communication. 8. Consumers must be allowed to choose and receive only the categories/keywords that they specifically requested before receiving email, text and newsletters. N. Superlative Claim 1. Particular care must be exercised in the use of superlative claims. General superiority claims like the best, and No.1 may not be used unless factually substantiated. 2. The substantiation claim shall cover at least the immediately preceding 12 month period and should be supported by data from independent sources. In the absence of data pertainin g to the last 12month period, the substantiation may be based on the latest available reliable and bona fide figures. O. miscellaneous 1. Educational Institutions: Advertisements for educational, development or training institutions or enterprises should not exaggerate or mislead regarding the opportunities supposedly awaiting those who enroll in their courses.
m. E-mails, Text messages and Newsletters 1. Marketing email, text messages and/or newsletter should only be sent to recipients who have provided their consent to receive such information (optin). 2. Subscribers may register by sending a text message, calling a voice response unit, registering on a website, or through some other legitimate paper-based method. 3. The subscriber must receive and/or be offered something of value to them in return for receiving the communication. Value may be delivered in the form of product and service enhancements, reminders, sweepstakes, contests, information, entertainment, discounts or location-based services 4. Email marketing messages/ newsletters and text messages should not be sent to recipients who have indicated that they do not wish to receive such. 5. Content Providers shall include valid addresses or numbers to which recipients can send requests to cease broadcast messages. They shall also provide command/message to optout. 6. An individual can request to be removed from the lists at any time. The process for opting out should be simple and straightforward, and organizations should confirm by email/text that the opt out

2. Articles that require assembling: All products, which require assembling, should state this clearly and prominently in their advertisements. 3. Charitable causes: Advertisements involving charitable causes as beneficiaries should indicate the particular beneficiary. 4. Corporate advertising: Corporate advertising must be fair, truthful and accurate; it should not contain any exaggerations or sweeping generalizations that may mislead the public regarding the advertiser or the attributes of its products or services. Where the advertisements contain specific claims regarding the company or its product or services, such claims must be verifiable and subject to substantiation in the same manner as regular product or service advertisements. 5. Exploiting unnatural phenomena: Advertisements should not exploit public credulity related to superstition, fortune telling, dream interpretation, faith, healing, the occult, and other similar matters. 6. Agrochemical and veterinary products: The advertising of agrochemical and veterinary products, particularly fertilizers and pesticides, shall likewise be governed by and should comply with the specific advertising guidelines set out by the Food and Agriculture Organization (FAO) Code of Ethics as well as all rules and regulations issued by appropriate governmental agencies.

7. Price Advertising: Advertisements should not contain misleading,exaggerated, or fictitious price comparisons, discounts, or other claimed savings. All indicated prices and other economic terms should be complete and accurate and should not mislead the public by distortion, omission, or undue emphasis. All price comparisons should conform to Rule IV (Price Advertising), Chapter VI, Title III of the Department of Trade and Industrys D.A.O. No. 2, s. 1993. (Refer to Appendix III). Advertisements relating to a discount price shall not be allowed unless the discounted price is compared to the previous price and the discount price is maintained throughout the promotional period advertised. Advertisements special for sales should conform with applicable government regulations. In any case, such advertisements should contain no false or misleading price or savings claims and should specify which store, branch, department and lines of goods are covered by the sale. Advertisements installment for sales, lease-purchase other and similar transactions (including those where the consideration for the product or service is to be paid over a period of time) which makes any reference to prices or terms should likewise provide all pertinent information on terms of payment, additional charges, if any, and all other economic of financial features of the transaction so as to reflect the total cost/ consideration for the goods or services being advertised IMMAP also adheres to the following: Standards of Advertising of the AD Standard Council Inc. Code of Ethics of the Philippine Adboard Cruasise yteNtoa eeomncto omncto iclr sudb h ainlTlcmuiainCmuiain

Global Mobile Advertising Guidelines, promulgated the as by Mobile Marketing Association Any violation to the above Code of Ethics must be brought to the attention of the IMMAP Ethics Committee. Business Practice and Standards guideline fees 1. IMMAP believes in market driven pricing. IMMAP members rate cards are available to clients upon request. 2. Pricing/advertising rates will be uniform whether a client deals directly with the publisher or through third party agencies. 3. IMMAP member advertising agencies are entitled to commissions of up to 15%. 4. Publishers are entitled to charge for additional services rendered to clients. Non-Payment to immaP members 5. IMMAP members whose services remain unpaid after reasonable time and follow ups (beyond 60 days) may inform the committee so that other members will be apprised of the situation. IMMAP members may collectively agree not to service a client if invoice remains unpaid. 6. IMMAP members may charge an additional 2% per month for late payment of invoices.

ad Sizes and Naming Convention 7. IMMAP shall follow the standards set by the Internet Advertising Bureau http://www.iab.net/iab_products_andindustry_ services/1421/1443/1452 for uniformity of ad sizes and naming conventions. database Building 8. Subscribers must be informed that information they submit (name, address,phone number and other details) will be provided to the advertiser and used for other promotional purposes. With the consent of the subscriber, collected information will be the property of the advertiser who commissioned the database building activity. 2008 Ethics and Standards Committee Composition The following individuals will compose the Ethics and Standards Review and Resolution Committee for 2008: 1. Robert John Oh Quantum X, Inc 2. Jojit Alcazar Wolfac Mobile Inc. 3. Mel Jones Smart Telecommunications 4. Clare Alvarez Globe Telecom 5. Arthur Policarpio Global Wireless Communications 6. Nix Nolledo Xurpas 7. Margarita Cruz WSA 8. Jill Aquino Yehey 9. Dara David Click the City 10. Michael Palacios Havoc 11.Chinky Llave New Media Worldwide
Seek and deliver.

OuTdOOr advErTiSiNg COdE Of EThiCS

the betterment and/or upliftment of society. arTiClE ii - The Code of Ethics Section 1 - Advertising Copy and Designs 1.1 All layouts must conform to the standards set forth by the ADBOARD. 1.2 Layouts containing elements or messages that violate existing national or local laws and ordinances must not be posted. 1.3 Materials shall conform to the screening guidelines for print and outdoor/billboard materials provided under Article IV, General Provisions, Section B of the ACRC Manual of Procedures of the ADBOARD. Print and Outdoor/Billboard materials are generally post-screened, except in the following cases where pre-screening shall be required prior to posting: A. Materials with No. 1 or Superiority or Exclusivity claims. B. Materials for infant food formula. C. Materials that show partial or total nudity or skimpy attire or any visuals/copy/elements that suggest sexual stimulation or satisfaction or gratification. Section 2 - Outdoor Advertising Signs and Structures 2.1 To ensure general public safety and welfare, outdoor advertising signs and structures shall be constructed in accordance with the National Building Code specifications and standards for safety.
OuTdOOr advErTiSiNg aSSOCiaTiON Of ThE PhiliPPiNES COdE Of EThiCS

arTiClE i - Statement of general Principles Section 1 - Being an integral part of mass media, we are cognizant of the powerful influence of outdoor advertising on society. We therefore strongly support the practice of self-regulation as provided for by the Advertising Board of the Philippines. Section 2 - Public safety will always be the primary concern in the conduct of our business. We shall therefore ensure that our structures and displays exceed those provided for by law, and to faithfully conduct regular maintenance checks on all our structures so that they remain structurally sound. Section 3 - We recognize the effect of our structures and displays on the environment. We shall endeavor to take into consideration the overall aesthetic impact of our structures and displays. We shall strictly follow zoning laws and building codes as provided by national and local government agencies. Section 4 - We shall actively and continuously support worthy public causes by providing free of charge posting on available vacant outdoor display properties for public service announcements and or associations, that will contribute to

All structures must be designed and signed by a duly licensed Civil / Structural Engineer and shall be covered by pertinent permits and/or licenses. In accordance with the provisions of the National Building Code of the Philippines and its Implementing Rules and Regulations, any alteration or retro-fitting of a structure (e.g., additional faces, additional height, etc.) shall require a certification from a duly-licensed Civil / Structural Engineer that the resulting structure is safe and that the provisions of the National Building Code and its Implementing Rules and Regulations have been complied with. 2.2 Advertising signs shall be erected in areas where permissible with all necessary permits duly secured from all concerned government agencies. 2.3 No offers for placement of outdoor advertising signs and structures in areas prohibited by law (as specifically stated in the National Building Code and its Implementing Rules and Regulations, as amended, and other pertinent laws, rules and regulations) shall be made by an outdoor advertising firm and accepted by any Advertiser. 2.4 All outdoor practitioners shall be guided by the pertinent provisions of the National Building Code of the Philippines, P.D. 1096 and its Implementing Rules and Regulations, ancillary laws, decrees, executive orders and other issuances, as well as local ordinances relative to the following:

2.4.1 Definition: 2.4.1.1 Signs - any letter, work, numeral, pictorial presentation, illustration, decoration, emblem, device, symbol or trademark, flag, banner or pennant, whether illuminated or not, electronic, static or dynamic or any figure or similar character that is: - attached to, painted on or in any manner represented on a building or structure and / or - used to announce, direct attention to or advertise, and visible to the public. 2.4.1.2 Chapter 20, SIGNS of the National Building Code of the Philippines is hereby incorporated and made a part hereof for implementation. 2.4.1.3 Rule V - Signs of the Implementing Rules and Regulations of the National Building Code of the Philippines is hereby made a part hereof for implementation. 2.4.2 Classification Advertising Business Ground Temporary Poster Display Projecting Wall

2.4.3 Criteria 2.4.3.1 Advertising signs and structures, whether temporary or permanent, placed within the boundaries of all national roads and the air space directly above them, including on all street furniture found with them, such as but not limited to columns, beams, girders and exterior portions of station buildings of MRT/LRT and pedestrian overpasses, center islands, traffic/public signs, lamps and electric posts are prohibited. Permanent or on-premise signs shall not be installed or erected in such a manner so as to encroach on the air rights of roadways. 2.4.3.2 Signs shall not obstruct vehicular or pedestrian traffic, signal lights and street signs / lights. 2.4.3.3 Advertising signs and structures shall not obstruct, confuse or distract the view or interpretation of any public signs, traffic signs or devices and which may blind motorists. 2.4.3.4 Signs shall be so structurally designed so as to

conform to the standards set forth by the National Building Code. 2.4.3.5 Advertising signs and structures shall not be placed within fifty (50) meters of immediate approaches to historical monuments and shrines, parks and parkways. 2.4.3.6 All display content must conform to the standards set forth by the Advertising Board of the Philippines (ADBOARD). 2.4.3.7 Signs shall not destroy and alter the natural beauty of the landscape and seascape. 2.4.3.8 Signs shall be inspected regularly to maintain their structural integrity to ensure safety. Advertising structures which are vacant must be installed with public service or company ads so as not to be eyesores. 2.4.3.9 Sign structures which are no longer to be used must be dismantled by the outdoor advertising firm which erected the said structures. 2.4.3.10 Temporary signs, regardless of material and size, whose sole purpose is commercial in nature, i.e. to promote a product and/or service of private companies, shall not be strung or installed over or across any public thoroughfare or along islands or sidewalks or street lamp posts, unless otherwise permitted by law ordinance.
Billboard Electronic Roof Imprint Mobile Inflatables PUVs

Section 3 - Trade Practices 3.1 Billboards, neon signs, tri-vision displays, electronic displays and all other forms of outdoor displays should allow for a one (1) meter distance from each other, on all sides. Where advertising displays are installed in a common structure, they shall be separated by a distance of one (1) meter on all sides. 3.2 Advertising displays of directly competing products or services viewed from the same angle, whether on the same structure or not, shall be separated by an area equal to one (1) standard display of 40 x 60 on all sides. 3.3 Obstruction of an existing billboard or on-premise sign by an advertising billboard from its intended viewership, no matter how partial, is strictly prohibited. The existing outdoor advertising sign is considered not obstructed by a newly constructed sign when it is fully visible within 200 meters distance from its intended audience. This rule applies within the boundaries of all cities in the Philippines, otherwise, full visibility should be at 300 meters. 3.4 All types of outdoor media, including banners, P OPs and store support signs, regardless of type and size, advertising liquor and tobacco, are prohibited from being installed or situated less than 100 meters away from schools and churches and shall conform to pertinent laws, rules and regulations governing such products.

3.5 A person must respect the present Lessees right to his leased site. Unless a property is totally vacated, it is considered unethical for another company, or any entity, to negotiate or lease the same property for the same purpose as the present lessee, even if offered by the owner himself. Confirmation from the current/former lessee of the expiration of his lease should be obtained as a matter of courtesy. 3.6 A duly signed memorandum of agreement, lease agreement or contract of lease with the site owner shall be required before an outdoor advertising firm can put up markers at a leased site. Markers must be installed that includes a prominent sign indicating the company leasing the site. Said documents, together with general details of the intended billboard structure, (such as display dimensions, whether single or multiple displays per viewing angle and maximum structure height), shall be registered with the OAAP for recording purposes to protect its intended line of sight rights against possible challenge or dispute by other outdoor companies. 3.7 Once registered with the OAAP, the outdoor advertising firm shall have exclusive rights to the intended line-of-sight for the structure for a period of four (4) months from the date of registration. Failure to start construction of the structure within the prescribed four (4) month period to its registered dimensions shall render the said line-of-sight open. The outdoor advertising firm shall have a period of one (1) year from the date of registration to complete the structure in accordance with its registered dimensions. At the expiration

of the one (1) year period, the outdoor advertising firms exclusive right to the line-of-sight shall pertain only to the line-of-sight of the structure, taking into consideration the dimensions thereof at the time. 3.8 All outdoor signs must clearly show the name of the outdoor advertising company including OAAP and ADBOARD logos, as well as the OAAP Website - http://www.oaap.org.ph 3.9 It is unethical to undertake unwarranted action, which will prejudice any other outdoor advertising practitioner in such a way as to cause him financial loss. 3.10 Advertisers who have outstanding obligations with an OAAP member shall not be entertained by other members of the association until such obligations have been settled. Errant advertisers names shall be posted on the electronic bulletin board of the association - website. It is however, the responsibility of the member to ensure that the reason for non-payment of the obligation is not due to the members non-performance or violation of his contract with the advertiser. 3.11 Ad agency commissions are discretionary depending on the prior agreement on pricing between ad agency, advertiser and outdoor supplier. 3.12 Members should honor their financial and contractual obligations with their co-members.

3.13 Members shall abide by ADBOARD cease and desist orders immediately upon receipt thereof. 3.14 Members with Transit Advertising such as bus ads, taxi ads, jeepney ads, tricycle ads and roving billboards shall abide by the guidelines provided by the government agencies having jurisdiction, such as, but not limited to, the Department of Transportation and Communication. 3.15 In cases where traffic signs/public signs are sponsored by Advertisers, the advertisement shall be displayed separately from the traffic sign/public sign by a minimum gap of 10 cms. and limited to no more than 20% of the total area of the traffic sign/public sign. 3.16 The outdoor advertising firm shall inform the current Advertiser, prior to construction, of additional structures or billboards that will be attached to the current Advertisers structure. 3.17 Outdoor advertising firms shall be paid by advertisers and/ or advertising agencies within the period provided for in their contracts. A penalty of two percent (2%) per month of the gross billing shall be paid for late payments without due cause. 3.18 Advertising displays shall not obstruct the view of onpremise signs of business establishments. 3.19 Where applicable, Advertisers and Outdoor Advertising Firms shall be jointly and severally liable for violations of the above provisions.

Section 4 - From time to time, the Board shall review, revise and promulgate implementing rules and regulations on dispute settlement, including the proceedings of the Committee and the amount of filing fees. Section 5 - Sanctions. Violation of any provision of this Code may be subject to a fine and disciplinary action. Fines shall be imposed as follows: a) P5,000.00 per offense for violation of 3.1, 3.2, 3.4, 3.8, 3.9 and 3.12 b) P10,000.00 per offense for violation of 3.5 and 3.13
arTiClE iii - The grievance Committee Section 1 - Complaints for alleged violations of this Code shall be referred to the Grievance Committee of the Outdoor Advertising Association of the Philippines (OAAP). Section 2 - Composition of the Grievance Committee. The Grievance Committee shall be composed of pool of seven (7) members, whose Chairman shall be appointed by the OAAP president. The Committee Chairman shall choose its members from the general membership. Section 3 - The functions of the Grievance Committee are as follows: 3.1 To act on any complaint from members of the association lodged against a co-member and other outdoor advertising practitioner. 3.2 To mediate and settle amicably any intra-party dispute among members of the association arising from illegal practice of its trade or profession. 3.3 To investigate, conduct hearing and adjudicate cases that maybe assigned to it. 3.4 To handle other matters which the president may assign to the committee from time to time.
c) P50,000.00 per offense Violation of 3.3 Disciplinary action shall take the form of any of the following: a) Warning - for the violation of the OAAPs Code of Ethics or for resorting to unethical conduct or practice. b) Reprimand - discretion of the Board. c) Suspension - discretion of the Board. d) Expulsion - refusal to abide by the decisions of the Board in the following instances: - violations of any of the provisions of the OAAP Code of Ethics and Guidelines.
- complaint cases In any of the above cases, the Board reserves the right to duly notify the ADBOARD and the relevant government agency/ies of its decision and the violation of the party/ies concerned for proper action. A party adjudged to be guilty of violating the Code of Ethics or at fault shall likewise reimburse the other party for the cost of the filing fee (if the latter shouldered the cost) within thirty (30) days from finality of the decision. An aggrieved party shall likewise be entitled to restitution for the damage caused by the guilty party.
APPROVED AND RATIFIED BY THE GENERAL MEMBERSHIP THIRD GENERAL MEMBERSHIP MEETING FOR 2006 29 September 2006, Friday, 5:30 p.m. Italiannis Megamall, Pasig City
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public library or archive; 171.6. Public performance, in the case of a work other than an audiovisual work, is the recitation, playing, dancing, acting or otherwise performing the work, either directly or by means of any device or process; in the case of an audiovisual work, the showing of its images in sequence and the making of the sounds accompanying it audible; and, in the case of a sound recording, making the recorded sounds audible at a place or at places where persons outside the normal circle of a family and that familys closest social acquaintances are or can be present, irrespective of whether they are or can be present at the same place and at the same time, or at different places and/or at different times, and where the performance can be perceived without the need for communication within the meaning of Subsection 171.3; 171.7. Published works mean works, which with the consent of the authors, are made available to the public by wire or wireless means in such a way that members of the public may access these works from a place and time individually chosen by them: Provided, That availability of such copies has been such, as to satisfy the reasonable requirements of the public, having regard to the nature of the work; 171.8. Rental is the transfer of the possession of the original or a copy of a work or a sound recording for a limited period of time, for profit-making purposes; 171.9. Reproduction is the making of one (1) or more copies of a work or a sound recording in any manner or form (Sec. 41 (E), P.D. No. 49a); 171.10. A work of applied art is an artistic creation with utilitarian functions or incorporated in a useful article, whether made by hand or produced on an industrial scale;

ChaPTEr i PrElimiNary PrOviSiONS SEC. 171. Definitions. For the purpose of this Act, the following terms have the following meaning: 171.1. Author is the natural person who has created the work; 171.2. A collective work is a work which has been created by two (2) or more natural persons at the initiative and under the direction of another with the understanding that it will be disclosed by the latter under his own name and that contributing natural persons will not be identified; 171.3. Communication to the public or communicate to the public means the making of a work available to the public by wire or wireless means in such a way that members of the public may access these works from a place and time individually chosen by them; 171.4. A computer is an electronic or similar device having information-processing capabilities, and a computer program is a set of instructions expressed in words, codes, schemes or in any other form, which is capable when incorporated in a medium that the computer can read, of causing the computer to perform or achieve a particular task or result; 171.5. Public lending is the transfer of possession of the original or a copy of a work or sound recording for a limited period, for non-profit purposes, by an institution, the services of which are available to the public, such as

(h) Original ornamental designs or models for articles of manufacture, whether or not registrable as an industrial design, and other works of applied art; (i) Illustrations, maps, plans, sketches, charts and three dimensional works relative to geography, topography, architecture or science; (j) Drawings or plastic works of a scientific or technical character; (k) Photographic works including works produced by a process analogous to photography; lantern slides; (l) Audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audiovisual recordings; (m) Pictorial illustrations and advertisements; (n) Computer programs; and (o) Other literary, scholarly, scientific and artistic works. 172.2. Works are protected by the sole fact of their creation, irrespective of their mode or form of expression, as well as of their content, quality and purpose. (Sec. 2, P.D. No. 49a) ChaPTEr iii dErivaTivE wOrkS SEC. 173. Derivative Works. 173.1. The following derivative works shall also be protected by copyright:
171.11. A work of the Government of the Philippines is a work created by an officer or employee of the Philippine Government or any of its subdivisions and instrumentalities, including government-owned or -controlled corporations as a part of his regularly prescribed official duties. CHAPTER II ORIGINAL WORKS SEC. 172. Literary and Artistic Works. 172.1. Literary and artistic works, hereinafter referred to as works, are original intellectual creations in the literary and artistic domain protected from the moment of their creation and shall include in particular: (a) Books, pamphlets, articles and other writings; (b) Periodicals and newspapers; (c) Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced in writing or other material form; (d) Letters; (e) Dramatic or dramatico-musical compositions; choreographic works or entertainment in dumb shows; (f) Musical compositions, with or without words; (g) Works of drawing, painting, architecture, sculpture, engraving, lithography or other works of art; models or designs for works of art;

(a) Dramatizations, translations, adaptations, abridgments, arrangements, and other alterations of literary or artistic works; and (b) Collections of literary, scholarly or artistic works, and compilations of data and other materials which are original by reason of the selection or coordination or arrangement of their contents. (Sec. 2, (P) and (Q), P.D. No. 49) 173.2. The works referred to in paragraphs (a) and (b) of Subsection 173.1 shall be protected as new works: Provided, however, That such new work shall not affect the force of any subsisting copyright upon the original works employed or any part thereof, or be construed to imply any right to such use of the original works, or to secure or extend copyright in such original works. (Sec. 8, P.D. 49; Art. 10, TRIPS) SEC. 174. Published Edition of Work. In addition to the right to publish granted by the author, his heirs, or assigns, the publisher shall have a copyright consisting merely of the right of reproduction of the typographical arrangement of the published edition of the work. (n) ChaPTEr iv wOrkS NOT PrOTECTEd SEC. 175. Unprotected Subject Matter. Notwithstanding the provisions of Sections 172 and 173, no protection shall extend, under this law, to any idea, procedure, system, method or operation, concept, principle, discovery or mere data as such, even if they are expressed, explained, illustrated or embodied in a work; news of the day and other miscellaneous facts having the character of mere items of press information; or any official text of a legislative, administrative or legal nature, as well as any official translation thereof. (n)
SEC. 176. Works of the Government. 176.1. No copyright shall subsist in any work of the Government of the Philippines. However, prior approval of the government agency or office wherein the work is created shall be necessary for exploitation of such work for profit. Such agency or office may, among other things, impose as a condition the payment of royalties. No prior approval or conditions shall be required for the use for any purpose of statutes, rules and regulations, and speeches, lectures, sermons, addresses, and dissertations, pronounced, read or rendered in courts of justice, before administrative agencies, in deliberative assemblies and in meetings of public character. (Sec. 9, first par., P.D. No. 49) 176.2. The author of speeches, lectures, sermons, addresses, and dissertations mentioned in the preceding paragraphs shall have the exclusive right of making a collection of his works. (n) 176.3. Notwithstanding the foregoing provisions, the Government is not precluded from receiving and holding copyrights transferred to it by assignment, bequest or otherwise; nor shall publication or republication by the Government in a public document of any work in which copyright is subsisting be taken to cause any abridgment or annulment of the copyright or to authorize any use or appropriation of such work without the consent of the copyright owner. (Sec. 9, third par., P.D. No. 49) ChaPTEr v COPyrighT Or ECONOmiC righTS SEC. 177. Copyright or Economic Rights. Subject to the provisions of Chapter VIII, copyright or economic rights shall consist of the exclusive right to carry out, authorize or prevent the following acts:

177.1. Reproduction of the work or substantial portion of the work; 177.2. Dramatization, translation, adaptation, abridgment, arrangement or other transformation of the work; 177.3. The first public distribution of the original and each copy of the work by sale or other forms of transfer of ownership; 177.4. Rental of the original or a copy of an audiovisual or cinematographic work, a work embodied in a sound recording, a computer program, a compilation of data and other materials or a musical work in graphic form, irrespective of the ownership of the original or the copy which is the subject of the rental; (n) 177.5. Public display of the original or a copy of the work; 177.6. Public performance of the work; and 177.7. Other communication to the public of the work. (Sec. 5, P.D. No. 49a) ChaPTEr vi OwNErShiP Of COPyrighT SEC. 178. Rules on Copyright Ownership. Copyright ownership shall be governed by the following rules: 178.1. Subject to the provisions of this section, in the case of original literary and artistic works, copyright shall belong to the author of the work;

178.2. In the case of works of joint authorship, the coauthors shall be the original owners of the copyright and in the absence of agreement, their rights shall be governed by the rules on co-ownership. If, however, a work of joint authorship consists of parts that can be used separately and the author of each part can be identified, the author of each part shall be the original owner of the copyright in the part that he has created; 178.3. In the case of work created by an author during and in the course of his employment, the copyright shall belong to: (a) The employee, if the creation of the object of copyright is not a part of his regular duties even if the employee uses the time, facilities and materials of the employer. (b) The employer, if the work is the result of the performance of his regularly-assigned duties, unless there is an agreement, expressed or implied, to the contrary. 178.4. In the case of a work commissioned by a person other than an employer of the author and who pays for it and the work is made in pursuance of the commission, the person who so commissioned the work shall have ownership of the work, but the copyright thereto shall remain with the creator, unless there is a written stipulation to the contrary; 178.5. In the case of audiovisual work, the copyright shall belong to the producer, the author of the scenario, the composer of the music, the film director, and the author of the work so adapted. However, subject to contrary or other stipulations among the creators, the producer shall exercise the copyright to an extent required for the exhibition of the work in any manner, except for the right to collect performing license fees for the performance of musical compositions, with or without words, which are incorporated into the work; and 178.6. In respect of letters, the copyright shall belong to the

writer subject to the provisions of Article 723 of the Civil Code. (Sec. 6, P.D. No. 49a) SEC. 179. Anonymous and Pseudonymous Works. For purposes of this Act, the publishers shall be deemed to represent the authors of articles and other writings published without the names of the authors or under pseudonyms, unless the contrary appears, or the pseudonyms or adopted name leaves no doubt as to the authors identity, or if the author of the anonymous works discloses his identity. (Sec. 7, P.D. 49) ChaPTEr vii TraNSfEr Or aSSigNmENT Of COPyrighT SEC. 180. Rights of Assignee. 180.1. The copyright may be assigned in whole or in part. Within the scope of the assignment, the assignee is entitled to all the rights and remedies which the assignor had with respect to the copyright. 180.2. The copyright is not deemed assigned inter vivos in whole or in part unless there is a written indication of such intention. 180.3. The submission of a literary, photographic or artistic work to a newspaper, magazine or periodical for publication shall constitute only a license to make a single publication unless a greater right is expressly granted. If two (2) or more persons jointly own a copyright or any part thereof, neither of the owners shall be entitled to grant licenses without the prior written consent of the other owner or owners. (Sec. 15, P.D. No. 49a) SEC. 181. Copyright and Material Object. The copyright is

distinct from the property in the material object subject to it. Consequently, the transfer or assignment of the copyright shall not itself constitute a transfer of the material object. Nor shall a transfer or assignment of the sole copy or of one or several copies of the work imply transfer or assignment of the copyright. (Sec. 16, P.D. No. 49) SEC. 182. Filing of Assignment or License. An assignment or exclusive license may be filed in duplicate with the National Library upon payment of the prescribed fee for registration in books and records kept for the purpose. Upon recording, a copy of the instrument shall be returned to the sender with a notation of the fact of record. Notice of the record shall be published in the IPO Gazette. (Sec. 19, P.D. No. 49a) SEC. 183. Designation of Society. The copyright owners or their heirs may designate a society of artists, writers or composers to enforce their economic rights and moral rights on their behalf. (Sec. 32, P.D. No. 49a) ChaPTEr viii limiTaTiONS ON COPyrighT SEC. 184. Limitations on Copyright. 184.1. Notwithstanding the provisions of Chapter V, the following acts shall not constitute infringement of copyright: (a) The recitation or performance of a work, once it has been lawfully made accessible to the public, if done privately and free of charge or if made strictly for a charitable or religious institution or society; (Sec. 10(1), P.D. No. 49) (b) The making of quotations from a published work if they are compatible with fair use and only to the extent justified for the purpose, including quotations from newspaper articles and

periodicals in the form of press summaries: Provided, That the source and the name of the author, if appearing on the work, are mentioned; (Sec. 11, third par., P.D. No. 49) (c) The reproduction or communication to the public by mass media of articles on current political, social, economic, scientific or religious topic, lectures, addresses and other works of the same nature, which are delivered in public if such use is for information purposes and has not been expressly reserved: Provided, That the source is clearly indicated; (Sec. 11, P.D. No. 49) (d) The reproduction and communication to the public of literary, scientific or artistic works as part of reports of current events by means of photography, cinematography or broadcasting to the extent necessary for the purpose; (Sec. 12, P.D. No. 49) (e) The inclusion of a work in a publication, broadcast, or other communication to the public, sound recording or film, if such inclusion is made by way of illustration for teaching purposes and is compatible with fair use: Provided, That the source and of the name of the author, if appearing in the work, are mentioned; (f) The recording made in schools, universities, or educational institutions of a work included in a broadcast for the use of such schools, universities or educational institutions: Provided, That such recording must be deleted within a reasonable period after they were first broadcast: Provided, further, That such recording may not be made from audiovisual works which are part of the general cinema repertoire of feature films except for brief excerpts of the work;

(g) The making of ephemeral recordings by a broadcasting organization by means of its own facilities and for use in its own broadcast; (h) The use made of a work by or under the direction or control of the Government, by the National Library or by educational, scientific or professional institutions where such use is in the public interest and is compatible with fair use; (i) The public performance or the communication to the public of a work, in a place where no admission fee is charged in respect of such public performance or communication, by a club or institution for charitable or educational purpose only, whose aim is not profit making, subject to such other limitations as may be provided in the Regulations; (n) (j) Public display of the original or a copy of the work not made by means of a film, slide, television image or otherwise on screen or by means of any other device or process: Provided, That either the work has been published, or, that the original or the copy displayed has been sold, given away or otherwise transferred to another person by the author or his successor in title; and (k) Any use made of a work for the purpose of any judicial proceedings or for the giving of professional advice by a legal practitioner. 184.2. The provisions of this section shall be interpreted in such a way as to allow the work to be used in a manner which does not conflict with the normal exploitation of the work and does not unreasonably prejudice the right holders legitimate interests. SEC. 185. Fair Use of a Copyrighted Work. 185.1. The fair

use of a copyrighted work for criticism, comment, news reporting, teaching including multiple copies for classroom use, scholarship, research, and similar purposes is not an infringement of copyright. Decompilation, which is understood here to be the reproduction of the code and translation of the forms of the computer program to achieve the interoperability of an independently created computer program with other programs may also constitute fair use. In determining whether the use made of a work in any particular case is fair use, the factors to be considered shall include: (a) The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes; (b) The nature of the copyrighted work; (c) The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (d) The effect of the use upon the potential market for or value of the copyrighted work. 185.2. The fact that a work is unpublished shall not by itself bar a finding of fair use if such finding is made upon consideration of all the above factors. SEC. 186. Work of Architecture. Copyright in a work of architecture shall include the right to control the erection of any building which reproduces the whole or a substantial part of the work either in its original form or in any form recognizably derived from the original: Provided, That the copyright in any such work shall not include the right to control the reconstruction or rehabilitation in the same style as the original of a building to which that copyright

relates. (n) SEC. 187. Reproduction of Published Work. 187.1. Notwithstanding the provision of Section 177, and subject to the provisions of Subsection 187.2, the private reproduction of a published work in a single copy, where the reproduction is made by a natural person exclusively for research and private study, shall be permitted, without the authorization of the owner of copyright in the work. 187.2. The permission granted under Subsection 187.1 shall not extend to the reproduction of: (a) A work of architecture in the form of building or other construction; (b) An entire book, or a substantial part thereof, or of a musical work in graphic form by reprographic means; (c) A compilation of data and other materials; (d) A computer program except as provided in Section 189; and (e) Any work in cases where reproduction would unreasonably conflict with a normal exploitation of the work or would otherwise unreasonably prejudice the legitimate interests of the author. (n) SEC. 188. Reprographic Reproduction by Libraries. 188.1. Notwithstanding the provisions of Subsection 177.6, any library or archive whose activities are not for profit may, without the authorization of the author of copyright owner, make

a single copy of the work by reprographic reproduction: (a) Where the work by reason of its fragile character or rarity cannot be lent to user in its original form; (b) Where the works are isolated articles contained in composite works or brief portions of other published works and the reproduction is necessary to supply them, when this is considered expedient, to persons requesting their loan for purposes of research or study instead of lending the volumes or booklets which contain them; and (c) Where the making of such a copy is in order to preserve and, if necessary in the event that it is lost, destroyed or rendered unusable, replace a copy, or to replace, in the permanent collection of another similar library or archive, a copy which has been lost, destroyed or rendered unusable and copies are not available with the publisher. 188.2. Notwithstanding the above provisions, it shall not be permissible to produce a volume of a work published in several volumes or to produce missing tomes or pages of magazines or similar works, unless the volume, tome or part is out of stock: Provided, That every library which, by law, is entitled to receive copies of a printed work, shall be entitled, when special reasons so require, to reproduce a copy of a published work which is considered necessary for the collection of the library but which is out of stock. (Sec. 13, P.D. 49a) SEC. 189. Reproduction of Computer Program. 189.1. Notwithstanding the provisions of Section 177, the reproduction in one (1) back-up copy or adaptation of a computer program shall be permitted, without the authorization of the author

of, or other owner of copyright in, a computer program, by the lawful owner of that computer program: Provided, That the copy or adaptation is necessary for: (a) The use of the computer program in conjunction with a computer for the purpose, and to the extent, for which the computer program has been obtained; and (b) Archival purposes, and, for the replacement of the lawfully owned copy of the computer program in the event that the lawfully obtained copy of the computer program is lost, destroyed or rendered unusable. 189.2. No copy or adaptation mentioned in this Section shall be used for any purpose other than the ones determined in this Section, and any such copy or adaptation shall be destroyed in the event that continued possession of the copy of the computer program ceases to be lawful. 189.3. This provision shall be without prejudice to the application of Section 185 whenever appropriate. (n) SEC. 190. Importation for Personal Purposes. 190.1. Notwithstanding the provision of Subsection 177.6, but subject to the limitation under the Subsection 185.2, the importation of a copy of a work by an individual for his personal purposes shall be permitted without the authorization of the author of, or other owner of copyright in, the work under the following circumstances: (a) When copies of the work are not available in the Philippines and: (i) Not more than one (1) copy at one time is imported for

strictly individual use only; or (ii) The importation is by authority of and for the use of the Philippine Government; or (iii)The importation, consisting of not more than three (3) such copies or likenesses in any one invoice, is not for sale but for the use only of any religious, charitable, or educational society or institution duly incorporated or registered, or is for the encouragement of the fine arts, or for any state school, college, university, or free public library in the Philippines. (b) When such copies form parts of libraries and personal baggage belonging to persons or families arriving from foreign countries and are not intended for sale: Provided, That such copies do not exceed three (3). 190.2. Copies imported as allowed by this Section may not lawfully be used in any way to violate the rights of owner the copyright or annul or limit the protection secured by this Act, and such unlawful use shall be deemed an infringement and shall be punishable as such without prejudice to the proprietors right of action. 190.3. Subject to the approval of the Secretary of Finance, the Commissioner of Customs is hereby empowered to make rules and regulations for preventing the importation of articles, the importation of which is prohibited under this Section and under treaties and conventions to which the Philippines may be a party and for seizing and condemning and disposing of the same in case they are discovered after they have been imported. (Sec. 30, P.D. No. 49) CHAPTER IX DEPOSIT AND NOTICE SEC. 191. Registration and Deposit with National Library and the Supreme Court Library. After the first public

dissemination of performance by authority of the copyright owner of a work falling under Subsections 172.1, 172.2 and 172.3 of this Act, there shall, for the purpose of completing the records of the National Library and the Supreme Court Library, within three (3) weeks, be registered and deposited with it, by personal delivery or by registered mail, two (2) complete copies or reproductions of the work in such form as the directors of said libraries may prescribe. A certificate of deposit shall be issued for which the prescribed fee shall be collected and the copyright owner shall be exempt from making additional deposit of the works with the National Library and the Supreme Court Library under other laws. If, within three (3) weeks after receipt by the copyright owner of a written demand from the directors for such deposit, the required copies or reproductions are not delivered and the fee is not paid, the copyright owner shall be liable to pay a fine equivalent to the required fee per month of delay and to pay to the National Library and the Supreme Court Library the amount of the retail price of the best edition of the work. Only the above mentioned classes of work shall be accepted for deposit by the National Library and the Supreme Court Library. (Sec. 26, P.D. No. 49a) SEC. 192. Notice of Copyright. Each copy of a work published or offered for sale may contain a notice bearing the name of the copyright owner, and the year of its first publication, and, in copies produced after the creators death, the year of such death. (Sec. 27, P.D. No. 49a) CHAPTER X MORAL RIGHTS SEC. 193. Scope of Moral Rights. The author of a work shall, independently of the economic rights in Section 177 or the grant of an assignment or license with respect to such right, have the right:

SEC. 196. Contribution to Collective Work. When an author contributes to a collective work, his right to have his contribution attributed to him is deemed waived unless he expressly reserves it. (Sec. 37, P.D. No. 49) SEC. 197. Editing, Arranging and Adaptation of Work. In the absence of a contrary stipulation at the time an author licenses or permits another to use his work, the necessary editing, arranging or adaptation of such work, for publication, broadcast, use in a motion picture, dramatization, or mechanical or electrical reproduction in accordance with the reasonable and customary standards or requirements of the medium in which the work is to be used, shall not be deemed to contravene the authors rights secured by this chapter. Nor shall complete destruction of a work unconditionally transferred by the author be deemed to violate such rights. (Sec. 38, P.D. No. 49) SEC. 198. Term of Moral Rights. 198.1. The rights of an author under this chapter shall last during the lifetime of the author and for fifty (50) years after his death and shall not be assignable or subject to license. The person or persons to be charged with the posthumous enforcement of these rights shall be named in writing to be filed with the National Library. In default of such person or persons, such enforcement shall devolve upon either the authors heirs, and in default of the heirs, the Director of the National Library. 198.2. For purposes of this Section, Person shall mean any individual, partnership, corporation, association, or society. The Director of the National Library may prescribe reasonable fees to be charged for his services in the application of provisions of this Section. (Sec. 39, P.D. No. 49) SEC. 199. Enforcement Remedies. Violation of any of the rights conferred by this Chapter shall entitle those charged with their
193.1. To require that the authorship of the works be attributed to him, in particular, the right that his name, as far as practicable, be indicated in a prominent way on the copies, and in connection with the public use of his work; 193.2. To make any alterations of his work prior to, or to withhold it from publication; 193.3. To object to any distortion, mutilation or other modification of, or other derogatory action in relation to, his work which would be prejudicial to his honor or reputation; and 193.4. To restrain the use of his name with respect to any work not of his own creation or in a distorted version of his work. (Sec. 34, P.D. No. 49) SEC. 194. Breach of Contract. An author cannot be compelled to perform his contract to create a work or for the publication of his work already in existence. However, he may be held liable for damages for breach of such contract. (Sec. 35, P.D. No. 49) SEC. 195. Waiver of Moral Rights. An author may waive his rights mentioned in Section 193 by a written instrument, but no such waiver shall be valid where its effects is to permit another: 195.1. To use the name of the author, or the title of his work, or otherwise to make use of his reputation with respect to any version or adaptation of his work which, because of alterations therein, would substantially tend to injure the literary or artistic reputation of another author; or 195.2. To use the name of the author with respect to a work he did not create. (Sec. 36, P.D. No. 49)

enforcement to the same rights and remedies available to a copyright owner. In addition, damages which may be availed of under the Civil Code may also be recovered. Any damage recovered after the creators death shall be held in trust for and remitted to his heirs, and in default of the heirs, shall belong to the government. (Sec. 40, P.D. No. 49) CHAPTER XI RIGHTS TO PROCEEDS IN SUBSEQUENT TRANSFERS SEC. 200. Sale or Lease of Work. In every sale or lease of an original work of painting or sculpture or of the original manuscript of a writer or composer, subsequent to the first disposition thereof by the author, the author or his heirs shall have an inalienable right to participate in the gross proceeds of the sale or lease to the extent of five percent (5%). This right shall exist during the lifetime of the author and for fifty (50) years after his death. (Sec. 31, P.D. No. 49) SEC. 201. Works Not Covered. The provisions of this Chapter shall not apply to prints, etchings, engravings, works of applied art, or works of similar kind wherein the author primarily derives gain from the proceeds of reproductions. (Sec. 33, P.D. No. 49) CHAPTER XII RIGHTS OF PERFORMERS, PRODUCERS OF SOUNDS RECORDINGS AND BROADCASTING ORGANIZATIONS SEC. 202. Definitions. For the purpose of this Act, the following terms shall have the following meanings: 202.1. Performers are actors, singers, musicians, dancers, and other persons who act, sing, declaim, play in, interpret,

or otherwise perform literary and artistic work; 202.2. Sound recording means the fixation of the sounds of a performance or of other sounds, or representation of sound, other than in the form of a fixation incorporated in a cinematographic or other audiovisual work; 202.3. An audiovisual work or fixation is a work that consists of a series of related images which impart the impression of motion, with or without accompanying sounds, susceptible of being made visible and, where accompanied by sounds, susceptible of being made audible; 202.4. Fixation means the embodiment of sounds, or of the representations thereof, from which they can be perceived, reproduced or communicated through a device; 202.5. Producer of a sound recording means the person, or the legal entity, who or which takes the initiative and has the responsibility for the first fixation of the sounds of a performance or other sounds, or the representation of sounds; 202.6. Publication of a fixed performance or a sound recording means the offering of copies of the fixed performance or the sound recording to the public, with the consent of the right holder: Provided, That copies are offered to the public in reasonable quality; 202.7. Broadcasting means the transmission by wireless means for the public reception of sounds or of images or of representations thereof; such transmission by satellite is also broadcasting where the means for decrypting are provided to the public by the broadcasting organization or with its consent; 202.8. Broadcasting organization shall include a natural person or a juridical entity duly authorized to engage in broadcasting;

and 202.9. Communication to the public of a performance or a sound recording means the transmission to the public, by any medium, otherwise than by broadcasting, of sounds of a performance or the representations of sounds fixed in a sound recording. For purposes of Section 209, communication to the public includes making the sounds or representations of sounds fixed in a sound recording audible to the public. SEC. 203. Scope of Performers Rights. Subject to the provisions of Section 212, performers shall enjoy the following exclusive rights: 203.1. As regards authorizing: their performances, the right of
203.5. The right of authorizing the making available to the public of their performances fixed in sound recordings, by wire or wireless means, in such a way that members of the public may access them from a place and time individually chosen by them. (Sec. 42, P.D. No. 49a) SEC. 204. Moral Rights of Performers. 204.1. Independently of a performers economic rights, the performer, shall, as regards his live aural performances or performances fixed in sound recordings, have the right to claim to be identified as the performer of his performances, except where the omission is dictated by the manner of the use of the performance, and to object to any distortion, mutilation or other modification of his performances that would be prejudicial to his reputation. 204.2. The rights granted to a performer in accordance with Subsection 203.1 shall be maintained and exercised fifty (50) years after his death, by his heirs, and in default of heirs, the Government, where protection is claimed. (Sec. 43, P.D. No. 49) SEC. 205. Limitation on Right. 205.1. Subject to the provisions of Section 206, once the performer has authorized the broadcasting or fixation of his performance, the provisions of Sections 203 shall have no further application. 205.2. The provisions of Section 184 and Section 185 shall apply mutatis mutandis to performers. (n) SEC. 206. Additional Remuneration for Subsequent Communications or Broadcasts. Unless otherwise provided in the contract, in every communication to the public or broadcast of a performance subsequent to the first communication or broadcast thereof by the broadcasting organization, the performer shall be entitled to an additional remuneration equivalent to at least five percent (5%) of the original compensation he or she received for the first
(a) The broadcasting and other communication to the public of their performance; and (b) The fixation of their unfixed performance. 203.2. The right of authorizing the direct or indirect reproduction of their performances fixed in sound recordings, in any manner or form; 203.3. Subject to the provisions of Section 206, the right of authorizing the first public distribution of the original and copies of their performance fixed in the sound recording through sale or rental or other forms of transfer of ownership; 203.4. The right of authorizing the commercial rental to the public of the original and copies of their performances fixed in sound recordings, even after distribution of them by, or pursuant to the authorization by the performer; and

communication or broadcast. (n) SEC. 207. Contract Terms. Nothing in this Chapter shall be construed to deprive performers of the right to agree by contracts on terms and conditions more favorable for them in respect of any use of their performance. (n) CHAPTER XIII PRODUCERS OF SOUND RECORDINGS SEC. 208. Scope of Right. Subject to the provisions of Section 212, producers of sound recordings shall enjoy the following exclusive rights: 208.1. The right to authorize the direct or indirect reproduction of their sound recordings, in any manner or form; the placing of these reproductions in the market and the right of rental or lending; 208.2. The right to authorize the first public distribution of the original and copies of their sound recordings through sale or rental or other forms of transferring ownership; and 208.3. The right to authorize the commercial rental to the public of the original and copies of their sound recordings, even after distribution by them by or pursuant to authorization by the producer. (Sec. 46, P.D. No. 49a) SEC. 209. Communication to the Public. If a sound recording published for commercial purposes, or a reproduction of such sound recording, is used directly for broadcasting or for other communication to the public, or is publicly performed with the intention of making and enhancing profit, a single equitable remuneration for the performer or performers, and the producer of the sound recording shall be paid by the user to both the

performers and the producer, who, in the absence of any agreement shall share equally. (Sec. 47, P.D. No. 49a) SEC. 210. Limitation of Right. Sections 184 and 185 shall apply mutatis mutandis to the producer of sound recordings. (Sec. 48, P.D. No. 49a) CHAPTER XIV BROADCASTING ORGANIZATIONS SEC. 211. Scope of Right. Subject to the provisions of Section 212, broadcasting organizations shall enjoy the exclusive right to carry out, authorize or prevent any of the following acts: 211.1. The rebroadcasting of their broadcasts; 211.2. The recording in any manner, including the making of films or the use of video tape, of their broadcasts for the purpose of communication to the public of television broadcasts of the same; and 211.3. The use of such records for fresh transmissions or for fresh recording. (Sec. 52, P.D. No. 49) CHAPTER XV LIMITATIONS ON PROTECTION SEC. 212. Limitations on Rights. Sections 203, 208 and 209 shall not apply where the acts referred to in those Sections are related to: 212.1. The use by a natural person exclusively for his own personal purposes; 212.2. Using short excerpts for reporting current events;

213.4. In case of works of applied art, the protection shall be for a period of twenty-five (25) years from the date of making. (Sec. 24(B), P.D. No. 49a) 213.5. In case of photographic works, the protection shall be for fifty (50) years from publication of the work and, if unpublished, fifty (50) years from the making. (Sec. 24(C), P.D. 49a) 213.6. In case of audio-visual works including those produced by process analogous to photography or any process for making audiovisual recordings, the term shall be fifty (50) years from the date of publication and, if unpublished, from the date of making. (Sec. 24(C), P.D. No. 49a) SEC. 214. Calculation of Term. The term of protection subsequent to the death of the author provided in the preceding Section shall run from the date of his death or of publication, but such terms shall always be deemed to begin on the first day of January of the year following the event which gave rise to them. (Sec. 25, P.D. No. 49) SEC. 215. Term of Protection for Performers, Producers and Broadcasting Organizations. 215.1. The rights granted to performers and producers of sound recordings under this law shall expire: (a) For performances not incorporated in recordings, fifty (50) years from the end of the year in which the performance took place; and (b) For sound or image and sound recordings and for performances incorporated therein, fifty (50) years from the end of the year in which the recording took place.
212.3. Use solely for the purpose of teaching or for scientific research; and 212.4. Fair use of the broadcast subject to the conditions under Section 185. (Sec. 44, P.D. No. 49a) CHAPTER XVI TERM OF PROTECTION SEC. 213. Term of Protection. 213.1. Subject to the provisions of Subsections 213.2 to 213.5, the copyright in works under Sections 172 and 173 shall be protected during the life of the author and for fifty (50) years after his death. This rule also applies to posthumous works. (Sec. 21, first sentence, P.D. No. 49a) 213.2. In case of works of joint authorship, the economic rights shall be protected during the life of the last surviving author and for fifty (50) years after his death. (Sec. 21, second sentence, P.D. No. 49) 213.3. In case of anonymous or pseudonymous works, the copyright shall be protected for fifty (50) years from the date on which the work was first lawfully published: Provided, That where, before the expiration of the said period, the authors identity is revealed or is no longer in doubt, the provisions of Subsections 213.1 and 213.2 shall apply, as the case maybe: Provided, further, That such works if not published before shall be protected for fifty (50) years counted from the making of the work. (Sec. 23, P.D. No. 49)

215.2. In case of broadcasts, the term shall be twenty (20) years from the date the broadcast took place. The extended term shall be applied only to old works with subsisting protection under the prior law. (Sec. 55, P.D. No. 49a) CHAPTER XVII INFRINGEMENT SEC. 216. Remedies for Infringement. 216.1. Any person infringing a right protected under this law shall be liable: (a) To an injunction restraining such infringement. The court may also order the defendant to desist from an infringement, among others, to prevent the entry into the channels of commerce of imported goods that involve an infringement, immediately after customs clearance of such goods. (b) Pay to the copyright proprietor or his assigns or heirs such actual damages, including legal costs and other expenses, as he may have incurred due to the infringement as well as the profits the infringer may have made due to such infringement, and in proving profits the plaintiff shall be required to prove sales only and the defendant shall be required to prove every element of cost which he claims, or, in lieu of actual damages and profits, such damages which to the court shall appear to be just and shall not be regarded as penalty. (c) Deliver under oath, for impounding during the pendency of the action, upon such terms and conditions as the court may prescribe, sales invoices and other documents evidencing sales, all articles and their packaging alleged to infringe a copyright and implements for making them. (d) Deliver under oath for destruction without any compensation all infringing copies or devices, as well as all plates, molds, or other means for making such infringing copies as the court

may order. (e) Such other terms and conditions, including the payment of moral and exemplary damages, which the court may deem proper, wise and equitable and the destruction of infringing copies of the work even in the event of acquittal in a criminal case. 216.2. In an infringement action, the court shall also have the power to order the seizure and impounding of any article which may serve as evidence in the court proceedings. (Sec. 28, P.D. No. 49a) SEC. 217. Criminal Penalties. 217.1. Any person infringing any right secured by provisions of Part IV of this Act or aiding or abetting such infringement shall be guilty of a crime punishable by: (a) Imprisonment of one (1) year to three (3) years plus a fine ranging from Fifty thousand pesos (P50,000) to One hundred fifty thousand pesos (P150,000) for the first offense. (b) Imprisonment of three (3) years and one (1) day to six (6) years plus a fine ranging from One hundred fifty thousand pesos (P150,000) to Five hundred thousand pesos (P500,000) for the second offense. (c) Imprisonment of six (6) years and one (1) day to nine (9) years plus a fine ranging from Five hundred thousand pesos (P500,000) to One million five hundred thousand pesos (P1,500,000) for the third and subsequent offenses. (d) In all cases, subsidiary imprisonment in cases of insolvency. 217.2. In determining the number of years of imprisonment and the amount of fine, the court shall consider the value of the infringing materials that the defendant has produced or manufactured and the damage that the copyright owner has suffered by reason of the infringement.

of the copyright is established, the plaintiff shall be presumed to be the owner of the copyright if he claims to be the owner of the copyright and the defendant does not put in issue the question of his ownership; and (c) Where the defendant, without good faith, puts in issue the questions of whether copyright subsists in a work or other subject matter to which the action relates, or the ownership of copyright in such work or subject matter, thereby occasioning unnecessary costs or delay in the proceedings, the court may direct that any costs to the defendant in respect of the action shall not be allowed by him and that any costs occasioned by the defendant to other parties shall be paid by him to such other parties. (n) SEC. 219. Presumption of Authorship. 219.1. The natural person whose name is indicated on a work in the usual manner as the author shall, in the absence of proof to the contrary, be presumed to be the author of the work. This provision shall be applicable even if the name is a pseudonym, where the pseudonym leaves no doubt as to the identity of the author. 219.2. The person or body corporate whose name appears on an audiovisual work in the usual manner shall, in the absence of proof to the contrary, be presumed to be the maker of said work. (n) SEC. 220. International Registration of Works. A statement concerning a work, recorded in an international register in accordance with an international treaty to which the Philippines is or may become a party, shall be construed as true until the contrary is proved except: 220.1. Where the statement cannot be valid under this Act or any other law concerning intellectual property. 220.2. Where the statement is contradicted by another statement
217.3. Any person who at the time when copyright subsists in a work has in his possession an article which he knows, or ought to know, to be an infringing copy of the work for the purpose of: (a) Selling, letting for hire, or by way of trade offering or exposing for sale, or hire, the article; (b) Distributing the article for purpose of trade, or for any other purpose to an extent that will prejudice the rights of the copyright owner in the work; or (c) Trade exhibit of the article in public, shall be guilty of an offense and shall be liable on conviction to imprisonment and fine as above mentioned. (Sec. 29, P.D. No. 49a) SEC. 218. Affidavit Evidence. 218.1. In an action under this Chapter, an affidavit made before a notary public by or on behalf of the owner of the copyright in any work or other subject matter and stating that: (a) At the time specified therein, copyright subsisted in the work or other subject matter; (b) He or the person named therein is the owner of the copyright; and (c) The copy of the work or other subject matter annexed thereto is a true copy thereof, shall be admitted in evidence in any proceedings for an offense under this Chapter and shall be prima facie proof of the matters therein stated until the contrary is proved, and the court before which such affidavit is produced shall assume that the affidavit was made by or on behalf of the owner of the copyright. 218.2. In an action under this Chapter: (a) Copyright shall be presumed to subsist in the work or other subject matter to which the action relates if the defendant does not put in issue the question whether copyright subsists in the work or other subject matter; (b) Where the subsistence

recorded in the international register. (n) CHAPTER XVIII SCOPE OF APPLICATION SEC. 221. Points of Attachment for Works under Sections 172 and 173. 221.1. The protection afforded by this Act to copyrightable works under Sections 172 and 173 shall apply to: (a) Works of authors who are nationals of, or have their habitual residence in, the Philippines; (b) Audio-visual works the producer of which has his headquarters or habitual residence in the Philippines; (c) Works of architecture erected in the Philippines or other artistic works incorporated in a building or other structure located in the Philippines; (d) Works first published in the Philippines; and (e) Works first published in another country but also published in the Philippines within thirty (30) days, irrespective of the nationality or residence of the authors. 221.2. The provisions of this Act shall also apply to works that are to be protected by virtue of and in accordance with any international convention or other international agreement to which the Philippines is a party. (n) SEC. 222. Points of Attachment for Performers. The provisions of this Act on the protection of performers shall apply to: 222.1. Performers who are nationals of the Philippines; 222.2. Performers who are not nationals of the Philippines but whose performances: (a) Take place in the Philippines; or (b) Are incorporated in sound recordings that are protected under this Act; or (c) Which has not been fixed in sound recording but are carried

by broadcast qualifying for protection under this Act. (n) SEC. 223. Points of Attachment for Sound Recordings. The provisions of this Act on the protection of sound recordings shall apply to: 223.1. Sound recordings the producers of which are nationals of the Philippines; and 223.2. Sound recordings that were first published in the Philippines. (n) SEC. 224. Points of Attachment for Broadcasts. 224.1. The provisions of this Act on the protection of broadcasts shall apply to: (a) Broadcasts of broadcasting organizations the headquarters of which are situated in the Philippines; and (b) Broadcasts transmitted from transmitters situated in the Philippines. 224.2. The provisions of this Act shall also apply to performers who, and to producers of sound recordings and broadcasting organizations which, are to be protected by virtue of and in accordance with any international convention or other international agreement to which the Philippines is a party. (n) ChaPTEr XiX iNSTiTuTiON Of aCTiONS SEC. 225. Jurisdiction. Without prejudice to the provisions of Subsection 7.1(c), actions under this Act shall be recognizable by the courts with appropriate jurisdiction under existing law. (Sec. 57, P.D. No. 49a) SEC. 226. Damages. No damages may be recovered under this Act after four (4) years from the time the cause of action arose. (Sec.

58, P.D. No. 49) ChaPTEr XX miSCEllaNEOuS PrOviSiONS SEC. 227. Ownership of Deposit and Instruments. All copies deposited and instruments in writing filed with the National Library and the Supreme Court Library in accordance with the provisions of this Act shall become the property of the Government. (Sec. 60, P.D. No. 49) SEC. 228. Public Records. The section or division of the National Library and the Supreme Court Library charged with receiving copies and instruments deposited and with keeping records required under this Act and everything in it shall be opened to public inspection. The Director of the National Library is empowered to issue such safeguards and regulations as may be necessary to implement this Section and other provisions of this Act. (Sec. 61, P.D. No. 49) SEC. 229. Copyright Division; Fees. The Copyright Section of the National Library shall be classified as a Division upon the effectivity of this Act. The National Library shall have the power to collect, for the discharge of its services under this Act, such fees as may be promulgated by it from time to time subject to the approval of the Department Head. (Sec. 62, P.D. 49a)
Drive for sustainable environment
Communication is all about people.

COmmuNiCaTiON iN ThE PhiliPPiNE CONSTiTuTiON

Section 23 The State shall encourage non-governmental, communitybased ,or sectoral organizations that promote the welfare of the nation. Section 24 The State recognizes the vital role of communication and information in nation-building. Section 28 Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest. arTiClE iii Bill of rights Section 1 No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. Section 2 The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized. Section 3 (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise as prescribed by law. (2) Any evidence obtained in violation of this or the
COmmuNiCaTiON iN ThE 1987 PhiliPPiNE CONSTiTuTiON

PrEamBlE
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution. arTiClE ii declaration of Principles and State Policies Principles Section 1 The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them. State Policies Section 11. The State values the dignity of every human person and guarantees full respect for human rights. Section 17. The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development.

preceding section shall be inadmissible for any purpose in any proceeding. Section 4 No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances. Section 7 The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law. Section 8 The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged. arTiClE Xiv Section 6 The national language of the Philippines is Filipino. As it evolves, it shall be further developed and enriched on the basis of existing Philippine and other languages. Subject to provisions of law and as the Congress may deem appropriate, the Government shall take steps to initiate and sustain the use of Filipino as a medium of official communication and as language of instruction in the educational system.

Section 7 For purposes of communication and instruction, the official languages of the Philippines are Filipino and, until otherwise provided by law, English. The regional languages are the auxiliary official languages in the regions and shall serve as auxiliary media of instruction therein. Spanish and Arabic shall be promoted on a voluntary and optional basis. arts and Culture Section 14. The State shall foster the preservation, enrichment, and dynamic evolution of a Filipino national culture based on the principle of unity in diversity in a climate of free artistic and intellectual expression. article Xvi general Provisions Section 10. The State shall provide the policy environment for the full development of Filipino capability and the emergence of communication structures suitable to the needs and aspirations of the nation and the balanced flow of information into, out of, and across the country, in accordance with a policy that respects the freedom of speech and of the press. 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. The Congress shall regulate or prohibit monopolies in commercial mass media when the public interest so requires. No combinations in restraint of trade or unfair competition therein shall be allowed. (2) The advertising industry is

impressed with public interest, and shall be regulated by law for the protection of consumers and the promotion of the general welfare. Only Filipino citizens or corporations or associations at least seventy per centum of the capital of which is owned by such citizens shall be allowed to engage in the advertising industry. The participation of foreign investors in the governing body of entities in such industry shall be limited to their proportionate share in the capital thereof, and all the executive and managing officers of such entities must be citizens of the Philippines. Section 12 The Congress may create a consultative body to advise the President on policies affecting indigenous cultural communities, the majority of the members of which shall come from such communities. arTiClE Xviii Transistory Provisions Section 23 Advertising entities affected by paragraph (2), Section 11 of Article XV1 of this Constitution shall have five years from its ratification to comply on a graduated and proportionate basis with the minimum Filipino ownership requirement therein.
Capture lifes surprises.
has been a son, a brother, a writer, an editor, an artist (by heart), a playwright, a president, a director, a video editor, a photographer, a frustrated classical and pop singer, a frustrated pianist and musician, and an et cetera. However, he cant call himself a communicator yet. This book will guide him on being a good communicator. All photos in this book are his works except the iconic typewriter.
BY THE BOOK: A LEGAL GUIDE FOR A MEDIA PRACTITIONER Cultural Center of the Philippines Complex, Manila, Philippines 12 February 2011
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BrOadCaST COdE Of ThE PhiliPPiNES

BrOadCaST COdE Of ThE PhiliPPiNES

BrOadCaST COdE Of ThE PhiliPPiNES

BrOadCaST COdE Of ThE PhiliPPiNES

BrOadCaST COdE Of ThE PhiliPPiNES

BY THE BOOK: A LEGAL GUIDE FOR A MEDIA PRACTITIONER

BrOadCaST COdE Of ThE PhiliPPiNES

BrOadCaST COdE Of ThE PhiliPPiNES

BY THE BOOK: A LEGAL GUIDE FOR A MEDIA PRACTITIONER

BY THE BOOK: A LEGAL GUIDE FOR A MEDIA PRACTITIONER

BrOadCaST COdE Of ThE PhiliPPiNES

BY THE BOOK: A LEGAL GUIDE FOR A MEDIA PRACTITIONER

Communicate joy and bliss.

immaP COdE Of EThiCS

immaP COdE Of EThiCS

BY THE BOOK: A LEGAL GUIDE FOR A MEDIA PRACTITIONER

immaP COdE Of EThiCS

immaP COdE Of EThiCS

immaP COdE Of EThiCS

immaP COdE Of EThiCS

immaP COdE Of EThiCS

immaP COdE Of EThiCS

BY THE BOOK: A LEGAL GUIDE FOR A MEDIA PRACTITIONER

immaP COdE Of EThiCS

immaP COdE Of EThiCS

immaP COdE Of EThiCS

immaP COdE Of EThiCS

BY THE BOOK: A LEGAL GUIDE FOR A MEDIA PRACTITIONER

immaP COdE Of EThiCS

immaP COdE Of EThiCS

immaP COdE Of EThiCS