AMENDING MEMORANDUM CIRCULAR NO. 11-09-2004 (MANDATORY TAPING OF RADIO AND TELEVISION PROGRAMS)

The National Telecommunications Commission (NTC) hereby prescribes the following rules and regulations on mandatory taping of radio and television programs, pursuant to its supervisory, adjudicatory and regulatory functions over radio and television broadcasting stations and cable television (CATV) stations as provided for under Act 3846, as amended, Order No. 546, series of 1979, and Executive Order No. 436, series of 1997.

SECTION 1. All radio and television stations shall tape and/or record their programs as specified hereunder:

1. Talk Shows/Live Phone-in Calls e.g. Umagang Kay Ganda, Unang Hirit, Mel and Joey, Sharon, Palaban, Boy and Kris;
2. Live Interviews/Public Affairs Programs/Public Service Programs e.g Imbestigador, XXX, Saksi;
3. News Analysis/Editorials/Commentaries/Documentaries e.g. TV Patrol World 24 Oras, Balitang Balita, Teledyaryo; and
4. Magazine Types/Counseling Programs e.g. Probe, Pinoy Meets World, The Buzz.

SECTION 2. CATV stations which produce and/or air content/programs similar to those mentioned above shall likewise tape and/or record said programs.

SECTION 3. All radio, television and CATV stations shall retain the tape and/or recording and preserve them for a period often (10) days, unless a longer period is required by the Commission, as provided under Section 4 hereof.

SECTION 4. Any aggrieved party who has a complaint against any radio and/or television station or CATV station pertaining to any content and who intends to file an action before the regular courts and wishes to obtain a copy of the taped/recorded program, may file a written request with the NTC. The Commissioner or any duly designated NTC official may direct the concerned station to preserve the tape/recording for thirty (30) more days from receipt of the order, unless the circumstances warrant a longer period. Such tapes/recordings shall be made available to the aggrieved party or to any other person only upon order of the court.

SECTION 5. Non-compliance with and/or violation of this Circular shall warrant the imposition of penalties and sanctions, as follows:

a) First Offense – Penalty of fine in the amount of P5,000.00
b) Second Offense – fine and/or suspension of the licenses and permits
c) Subsequent Offenses – fine and/or suspension/revocation of licenses and permits

SECTION 6. This Circular may be revoked, revised or amended as the Commission deems fit in accordance with law.

SECTION 7. Any circular/order or memorandum or portion thereof inconsistent herewith are hereby deemed modified/amended or superseded accordingly.

SECTION 8. This Circular shall take effect fifteen (15) days after its publication m a newspaper of general circulation and upon the filing with the University of the PhilipPineS Law Center of three (3) copies hereof.

Adopted: 11 June 2008

(SGD.) RUEL V. CANOBAS
Commissioner
(SGD.) JORGE V. SARMIENTO	(SGD.) JAIME M. FORTES, JR.
Deputy Commissioner	Deputy Commissioner