Department of Justice(DOJ)

4 December 2018 Dear Mr. Julio Quinio Greetings! Thank you for your request dated Oct 03, 2018 08:43:33 AM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch. Your Request You inquired whether the doing of an internet business constitutes mass media, and relative thereto, if aliens can manage the same. Response to Request While your request does not pertain to information under Section 1(a) of E.O. No. 2 (s.2016), we have nevertheless taken the liberty to enclose herein a copy of this Department’s Opinion No. 40, series of 1998, wherein the former Secretary of Justice, Hon. Silvestre H. Bello III, opined that an internet business which does not fall within the purview of mass media, a nationalized activity, can be wholly managed by a foreign company, and therefore not subject to the 70-30 equity limit, to wit: x x x Construed in the light of the earlier definition of “mass media”, which involves not only the transmittal but also the creation/publication, gathering and distribution of the news/information, messages and other forms of communications to the general public, it appears indubitable that the Internet business does not constitute mass media. Accordingly, it cannot fall within the coverage of the constitutional mandate limiting ownership and management of mass media to citizens of the Philippines or wholly-owned and managed Philippine corporations. The rationale is because in internet business, the Internet access provider merely serves as carrier for transmitting messages. It does not create the messages/information nor transmit the messages/information to the general public, as mass media do, and the publication of the messages/information or stories carried by the Internet and transmitted to the computer owner, thru the access provider, is decided by the sender or the inter-linked networks. x x x In other words, any activity or combination of activities pursued through the internet and using mobile technology which involves the dissemination of information and ideas to the public or a portion thereof, is considered mass media, and therefore cannot be managed by a foreign company alone; otherwise it is not mass media, and therefore not subject to any participation restriction. Your right to request a review If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response by writing to Hon. Menardo I. Guevarra, Secretary of Justice. Your review request should explain why you are dissatisfied with this response, and should be made within fifteen (15) calendar days from the date when you received this letter. We will complete the review and tell you the result thereof within thirty (30) calendar days from the date when we receive your review request. If you are not satisfied with the result of the review, you then have the right to appeal to the Office of the President under Administrative Order No. 22 (s. 2011). Thank you. Respectfully, FOI Decision Maker FOI Receiving Officer