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PRESIDENTIAL DECREE NO. 36
PRESIDENTIAL DECREE NO. 36 -
CANCELLING FRANCHISES, PERMITS AND AUTHORIZATIONS GRANTED FOR THE
OPERATION OF RADIO TELEVISION AND TELECOMMUNICATIONS FACILITIES THAT
HAVE REMAINED UNUSED BY THEIR HOLDERS AFTER A REASONABLE LENGTH OF
TIME, THAT HAVE VIOLATED THE TERMS UNDER WHICH THEY WERE ISSUED;
CREATING THE MASS MEDIA COUNCIL AND PRESCRIBING RULES AND REGULATIONS
ON THE OPENING AND OPERATION OF MASS MEDIA
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WHEREAS, the mass media have been used for
the conspiracy against the Government and have taken part in that
conspiracy either by direct willful participation, or by indirectly
givingd and comfort to the forces of insurgency and subversion seeking
to overthrow the Government by organized violence:cralaw:red
WHEREAS, some franchises, permits and authorizations granted for the
operation of radio, television and telecommunication facilities have
remained unused or unavailed of by their proper holders after a
reasonable length of time from the time such franchises, permits and
authorizations have been issued; that some of them have been leased to
parties not otherwise authorized to operate such facilities; and some
of them, in the actual operation of these facilities, have violated or
refused to comply with regulations of the Radio Control Board, or any
other government authority having supervision over their operation;chanroblesvirtualawlibrary
WHEREAS, in order to safeguard the security of the state and promote
the objectives and goals of sound government, it is necessary that
judicious care be exercised in deciding what mass media facilities
should be authorized to operate:cralaw:red
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution as Commander
in Chief of all the Armed Forces of the Philippines, and pursuant to
Proclamation No. 1081, dated September 21, 1972, and general Order No.
1. dated September 22, 1972, do hereby decree and order:cralaw:red
1. The cancellation of all franchises, permits and
authorizations of all mass media facilities that have consciously or
unconsciously taken part in the conspiracy against the Government,
given and comfort to the forces of insurgency and subversion and have
either directly supported, ordered and abetted the subversion of our
established traditions and value;chanroblesvirtualawlibrary
2. The cancellation of all franchises, permits and
authorizations granted for the operation of radio, television and
telecommunication facilities; (a) if such franchises, permits and
authorizations have not been availed of or used by parties or parties
on whose name they were issued, (b) if they have been given over for
lease or use by parties not otherwise authorized to hold such
franchises, permits and authorizations, or (c) if in their operation
they have violated or failed to comply with the regulations of the
Radio Control Board or any other government entity authorized to see
the operation thereof. chanroblesvirtualawlibrary
3. The creation of a Mass Media Council, headed by
the Secretary of Public Information as chairman, with the Secretary of
National Defense as co-chairman, and one representative from the mass
media to be appointed by the President as member, and with a
secretariat to be headed by the Chairman of the Radio Control Board,
with the duty of passing upon applications of mass media for permission
to operate, so that no newspaper, magazine, periodical or publication
of any kind, radio, television or telecommunications facility, station
or network may so operate without obtaining from the Mass Media Council
a certificate of authority shall be duly signed by the President, and
shall be in force for six months, renewable for other six months
thereafter, unless otherwise terminated earlier.
4. All mass media facilities shall guarantee space
and time for information emanating from the Government, and shall
allot, as the Secretary of Public Information may direct, adequate
space and time for all national undertakings, projects and campaigns
that require wide, public dissemination, and shall treat information
pertaining thereto as public service material whether this be in the
form of news matter, pictures, features, or the like, or in any
promotional form. All radio and television stations and networks shall,
under the guidance of the Department of Public Information, carry
simultaneous regular broadcasts on agricultural production, consumers'
prices index, general government and such other subjects of vital
concern to the public. The print media shall carry the equivalent of
these broadcasts. chanroblesvirtualawlibrary
This decree is hereby made part of the laws of the land. It shall take
effect immediately and shall remain in force for the duration of the
present national emergency, or unless otherwise ordered by me or by my
duly designated representative.
Done in the City of manila,
this 2nd day of November, in the year of Our Lord, nineteen hundred and
seventy-two.
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