News Media Workers Weifare Act

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) First Regular Session JUl - 3 ?6:14 SENATE S. No. 133 --- Introduced by Senator MANUEL "LITO" M. LAPID AN ACT PROVIDING PROTECTION, SECURITY, AND BENEFITS FOR NEWS MEDIA WORKERS EXPLANATORY NOTE Journalists and media workers face serious risks in the performance of their tasks, which include gathering news, research, and dissemination of information to the public. Every step, especially in issues involving powerful individuals and organizations, are mired with threat to the safety and security of media workers As recognized by the Constitution, these media workers aid in the overall development of our society including dealing and combating the proliferation of misinformation (unintentional mistakes), disinformation (false information that is intended to manipulate and cause damage), and malinformation (information that stems from the truth but is often exaggerated in a way that misleads and causes harm). Truth and information are indispensable elements to our democracy. Well- informed voters elect better leaders and support more effective policies. As such, the protection and promotion of free press and strong and independent media should be considered as protection and promotion of our very democracy. With this, it hereby proposed to make it a policy of the State to provide the necessary support to ensure that our media workers are protected, secured, and well-

compensated. Unfortunately, despite having proven to be frontliners to various emergencies and to be faced with serious risks and threats, the media workers remain not well- protected and well-compensated. The protection, security, and benefits that they receive are not commensurate to the crucial tasks that they perform. Many of them do not enjoy the benefits of the Social Security System, Pag-IBIG, and Philhealth. Further, they are vulnerable to unfair labor practices. Thus, this bill aims to ensure that they are, at the minimum, paid the wages, allowances, and benefits provided by law to workers. This will, in turn, motivate and encourage them to be responsible and accountable in performing their duties. Under this bill, the Department of Labor and Employment will be tasked to create a News Media Tripartite Council to serve as a link among various stakeholders to promote the interests of the news media industry and to serve as an avenue to express their aspirations, discuss their programs, or settle conflicts. In view of the foregoing, early passage of this bill is earnestly sought. Senator

TWENTIETH CONGRESS OF THE ) First Regular Session 25 JUL -3 16:14 SENATE ...---- S. No. 133 Introduced by Senator Manuel "Lito" M. Lapid AN ACT PROVIDING PROTECTION, SECURITY, AND BENEFITS FOR NEWS MEDIA WORKERS Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "News Media Workers'

Welfare Act."

Section 2. Declaration of Policy. - The State considers news media workers as

chroniclers of our history and pillars of our democracy. As such, it is hereby declared 6 the policy of the State to promote and improve the social and economic well-being of media workers, including their living and working conditions. Towards this end, the State shall provide the necessary support to ensure that media workers are protected, secured, and well-compensated.

Section 3. Objectives. - This Act shall have the following objectives:

a) Ensure that news media workers shall, at the minimum, be paid the wages, allowances, and benefits provided by law to workers; b) Motivate and encourage news media workers to be truthful and responsible sharers of information; and c) Promote an atmosphere that is conducive to productive, free, and fruitful news media work.

Section 4. Coverage. - This Act shall apply to all duly accredited news media

workers and entities in the public and private sector. For the purposes of this Act, the Department of Labor and Employment shall establish guidelines for accreditation of workers in bona fide media organizations.

Section 5. Definition of Terms. - As used in this Act:

a) Blocktimers refers to persons or organizations who buy airtime from radio and television franchise holders; b) Media entities refer to persons or organizations, including media networks and operators that actively gather information of potential interest to a segment of the public, turn collected information into a distinct work or distribute that work to an audience within the Philippines; and c) News media workers refer to persons who are legitimately engaged in journalism and news media practice, directly and indirectly, whether as a principal occupation or not.

Section 6. Minimum Compensation. - News media workers shall not receive

less than the applicable minimum wage rate prescribed by the Regional Tripartite Wages and Productivity Board and shall be entitled to overtime pay and night shift premiums, as well as other forms of compensation provided by Presidential Decree No. 442, as amended, otherwise known as the "Labor Code of the Philippines", and other related laws and issuances.

Section 7. Social Security and Welfare Benefits. - News media workers shall be

covered by the Social Security System, the Home Development Mutual Fund or the Pag-IBIG Fund, and the Philippine Health Insurance Corporation upon employment. The payment of monthly contributions shall be jointly shared by the news media worker and the employer, when applicable, in accordance with existing rules and regulations. News media workers shall also be entitled to retirement benefits as provided under R.A. No. 11199, otherwise known as the "Social Security Act of 2018".

Section 8. Hazard Pay. - News media workers required to physically report for

work in dangerous areas such as strife-torn or embattled areas, distressed or isolated

1 stations, disease-infested areas, or in areas declared under a state of calamity or 2 emergency for the duration thereof which expose them to great danger, contagion, 3 radiation, volcanic activity or eruption, occupational risks or perils to life as determined 4 by the Department of Labor and Employment (DOLE), shall be compensated with a hazard pay in the minimum amount of Five hundred pesos (P500.00) per pay, with no 6 deduction. The base amount of the hazard pay of news media workers may be increased 8 as decided upon by the News Media Tripartite Council created under Section 15 of this 9 Act. Employers shall also provide news media workers covering events in dangerous areas with basic safety gear and equipment such as bulletproof vests and helmets, first-aid kits, fire protection jackets, face shiels, appropriate-grade protective equipment, harnesses, safety shoes, and life vests.

Section 9. Mandatory Additional Insurance Benefits. - Employers shall provide

additional insurance coverage to news media workers as follows: a) Death benefit of Two hundred thousand pesos (P200,000.00) for each news media worker who shall perish in the line of duty; b) Disability benefit of up to Two hundred thousand pesos (P200,000.00) for each news media worker who shall suffer total or partial disability, whether permanent or temporary, arising from any injury sustained in the line of duty; and c) Medical insurance benefit for each news media worker of up to One hundred thousand pesos (P100,000.00).

Section 10. Security of Tenure. - News media workers shall be deemed as

regular employees after six (6) months from the start of employment, regardless of the nature of employment. However, the said six (6) months period shall be computed cumulatively if a news media worker is repeatedly engaged for shorter periods within 28 a period of two (2) years. An employer shall not terminate the services of a news

media worker except for a just or authorized cause, and with the observance of 2 procedural due process.

Section 11. Settlement of Disputes. - The DOLE shall have exclusive jurisdiction

4 over all labor-related disputes and claims under this Act provided that the DOLE shall likewise establish in the implementing rules alternative modes of dispute resolution.

Section 12. Compliance. - The DOLE shall monitor compliance with the

7 provisions of this Act.

Section 13. Administrative Penalties. - Violations of the provisions of this Act

9 shall be subject to applicable penalties provided in Presidential Decree No. 442, as 10 amended, and other related laws and issuances.

Section 14. News Media Tripartite Council. - The DOLE shall initiate the creation

of the News Media Tripartite Council which shall serve as a link among various stakeholders, provide a platform where news media workers and employers can agree upon mutually beneficial policies that will promote the interests of the media industry, and serve as an avenue to express their aspirations, discuss their programs or settle conflicts.

Section 15. Implementing Rules and Regulations. - Within ninety (90) days

from the approval of this Act, the Secretary of Labor and Employment shall, in coordination with media groups, associations, publishers, guilds, and other concerned groups, issue the necessary rules and regulations to implement the provisions of this Act.

Section 16. Separability Clause. - If any part or provision of this Act is declared

invalid or unconstitutional, the other provisions not affected by such declaration shall remain in full force and effect.

Section 17. Repealing Clause. - All laws, executive orders, decrees, instructions,

rules and regulations contrary or inconsistent with any provision of this Act are hereby amended, repealed or modified accordingly.

Section 18. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in a newspaper of general circulation. Approved,