Description

The Filipino is searching for answers on what the Internet is and what telecommunication is for them. The proposed draft memorandum by the National Telecommunications Commission (NTC) on 22 December 2008, “Guidelines on the Provision of Contents, Information, Applications, and Electronic Games,” is just one of many such debate. If this push by the NTC succeeds, according to Philippine Law, the NTC will find itself outside its mandate.
This paper will show: 1) That New Media makes it possible for anyone to be both content provider and content developer, and thus blurring the line between creator and provider. 2) That the definition of content makes it utterly futile to subject online content to a licensing fee, even if Law puts it under the jurisdiction of the NTC, 3)
That content, meant for mobile phones or not is already governed by The Electronic Commerce Act and ergo, the primary agency ought to be the Department of Trade and Industry. As clearly all of it is a matter of commerce and not mere telecommunication infrastructure. 4) That regulation already exist, but it is a different kind of regulation than what Government understands it to be.
Beyond The Electronic Commerce Act, as increasingly Filipinos go online and participate with the larger Network whether through the computer or through mobile phone, there is a clear and present danger that the Filipino’s right to Free Speech and Free Expression are trampled.
Decriminalizing defamation law as well as the formation of a non-profit Freedom Foundation to ensure Free Speech and Free Expression is clearly needed