The ailing music industry has asked government to amend an order that included music downloads via cellphones as “spam messages” saying this is the only new source of income for them given the high incidence of music piracy in the country and putting their existence in peril.

Philippine Association of the Record Industry (PARI) president Atty. Marivic Benedicto said that music downloaded to the cell phones already comprises up to 50% of the income of composers, and 20% of the income of recording companies.

“These percentages have been growing over the past few years, and reflect real consumer demand, as well as representing the future of the music business in the Philippines. Legitimate music downloads over the mobile phone have emerged as the possible salvation for Filipino music,” Benedicto explained.

PARI has represented the industry in the Senate hearings pleading for the exclusion of music downloads through cellphones from the NTC order, Memorandum Circular No. 04-07-2009, banning promotional messages or SMS broadcasts vial mobile phones.

“While some sectors had lauded the ban, we in the music industry which consists of local artists, composers, recording and music companies have been unfairly penalized,” she explained.

Since the ban on text broadcasts earlier this year, music officials have claimed that their business from mobile downloads has declined by as much as half because there’s no other cost efficient way to market new music to their subscribers.

In terms of total value, Benedicto said the Philippine music industry has shrunk by as much as 80% over the past decade, leading to store closures, and eventual loss of livelihood.

“The Philippine music industry is on the verge of possible extinction because tons of pirated CDs are being sold publicly everyday; while over the Internet more than 9 out of every 10 songs downloaded are pirated,” Benedicto pointed out.

Industry leaders said that over the past 10 years, the music industry’s battle against the proliferation of pirated music CD’s has become a hopeless endeavor.”

“To make matters worse, the Philippine music industry’s remaining source of revenue which somehow served as our 'life-support' over the past few years has been 'unplugged' by government regulators,” Benedicto said.

“Downloading through the cell phone is so far the only way by which the public can have access to digital music where our artists and composers can be assured of any real income,” Benedicto said.

The music industry has appealed to the NTC and Senators Juan Ponce Enrile and Richard Gordon, not to lump their enterprise with the so-called fraudulent spam or text messages and to provide them a chance to conduct and promote their legitimate business through mobile phones.

“Music is not spam,” Benedicto declared.

Benedicto stressed that music is important to Filipinos, not just because it allows them to operate businesses that create jobs and pay taxes to the government, but also because music is a significant part of national identity “Filipinos are a music-loving people, endowed with much musical talent.”

Benedicto vowed to work closely with the NTC, telcos and content providers to ensure the public’s interest is protected against fraudulent text messages and abusive practices.