Submitted by: John Stephen T.

Humiwat
[AB Major in Journalism]

Submitted to: Mr. Melvin C. Gascon
[Instructor]

PRESS FREEDOM & LAWS ON THE PHILIPPINE COMMUNICATION MEDIA

"No law shall be passed abridging the freedom of speech, of expression, or of the press, or right of the people peaceably to assemble and petition the government for redress of grievances"
Article III, Section 4, 1987 Philippine Constitution

Freedom of Expression

This clause in the constitution carries with it the history of the Filipinos' fight for freedom. Originally asserted in the Malolos Constitution (approved on January 20, 1899) as "right to freely express his ideas or opinions, orally or in writing, through the use of the press and other similar means", this fight for freedom has transcended through various epochs of Philippine history; carried on from one charter change to another; and pulled through every rise and fall of one administration to the next.

Article III, Section 4 of the 1987 Philippine Constitution serves as the center point and basis for the Mass Media practice in the Philippines. It serves as the Archimedean point where media practitioners and citizens are empowered to air out their concerns without undue fear, simply because this provision of the Bill of Rights (Article III) safeguards these said rights.

However, laws governing the practice of mass media in the Philippines does not solely rest on the present Constitution; they are also contained in the numerous issuances of the Courts and the Philippine legislature. More specifically, other sources of laws affecting Philippine mass media in general are: a. Revised Penal Code (national security, libel and obscenity); b. Civil Code (privacy in private law); c. Rules of Court (fair administration of justice and contempt); and d. Presidential Decrees (obscenity) Section 24, Article II, 1987 Philippine Constitution. "The Declaration of Principles and State Policies". "The state recognizes the vital role of communication and information in nation-building."

[Note: Mass media, therefore, serves as a conduit that ensures the flow of information between the government and the governed.]

"Mass Media" refers to the print medium of communication and the broadcast medium of communication. ( Sec. 1. Presidential Decree No. 1018, September 22, 1976)
• • • • • • •
Newspapers periodicals magazines journals Publications (and all advertising therein) billboards neon signs

LAWS AFFECTING ALL FORMS OF MASS MEDIA
BROADCAST

PRINT

• • •

radio broadcasting Television broadcasting All other cinematographic and radio promotions and advertising

CONSTITUTIONAL PROVISIONS (ARTICLE III, BILL OF RIGHTS)

Freedom of Expression

Sec. 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or right of the people peaceably to assemble and petition the government for redress of grievances The Right To Information Sec. 7. • The right of the people to information on matters of public concern • Access to official records, and to documents, and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development Subject to such limitations as may be provided by the law • Supreme Court Justice Irene Cortes on the inclusion of access to information to Constitution: • Recognition of the essentiality of the free flow of ideas and information in a democracy • Enables members of society to cope with the exigencies of their time • Aids people in democratic decision making by giving them perspective of vital issues confronting the nation

The Right To Privacy

Sec. 2. • Inviolable: right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose • NO search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge Sec. 3. • Inviolable: privacy of communication and correspondence. Exception: (a) lawful order of the court; (b) public safety and order requires otherwise. • Inadmissible for any purpose in any proceeding: any evidence obtained in violation of this or the preceeding section.

The COMMISSION ON ELECTIONS (Comelec) During election period, the mass media must also abide by the limitation provided by Article IX-C of the Constitution (Comelec).

Sec. 4. Art IX-C. • Comelec may supervise, regulate the enjoyment and utilization of all franchises and permits for the operation of transportation and other public utilities, media communication… • Such supervision regulation shall aim to ensure equal opportunity, time and space and the right to reply, including reasonable, equal rates therefore, for public information campaign and forums among canididates Objective: holding free, orderly, honest, peaceful and credible elections • CASES: 1. Prohibiting certain forms of election propaganda [Badoy, Jr v. Comelec, 35 SCRA 285, 1970] HELD: valid exercise of police power in order to prevent perversion and prostitution of electoral apparatus and the denial of equal protection of the laws. 2. Prohibitions on the sale and donation of print space and airtime for campaign or other political purposes except to the Commission on Elections [National Press Club v. Comelec, 207 SCRA 1, 1992] HELD: Constitutional. Supreme court said:

Policy Environment for Communication and Media Ownership [Article XVI- General Provisions of the Constitution] Sec. 10. State shall provide the policy environment for: a. full development of Filipino capability b. emergence of communication structures suitable to the needs and aspiration of the nation c. balanced flow of information into, out of, and across the country

3. Prohibitions on the use of the media by media practitioners [Sanidad v. Comelec, 181 SCRA 529, 1990] FACT: Resolution No. 2167 prohibited columnists, commentators or announcers from using their columns or programs to campaign for or against plebiscite issues. HELD: Resolution No. 2167 unconstitutional. Constituted a restriction on the exercise of "mass media practitioners themselves of their rights of expression".

SC determined:  Paid political advertisments - covered by prohibition  Reporting of news commentaries and expression of belief or opinion by reporters, broadcasters - falls outside scope of Sec. 11 (b); constitutional guarantees of freedom of speech and of the press.

Prohibition in Sec. 11 (b) of RA 6646 only applies to the purchase and sale, including purchase and sale disguised as a donation, of print and airtime for "campaign or other political purposes."

Sec. 11. • Ownership and management of mass media shall be limited to citizens of the Philippines, or to corporations, cooperatives or associations, wholly-owned and managed by such citizens. • Congress - regulate or prohibit monopolies in commercial mass media when public interest requires. • advertising industry - regulated by law for the protection of consumers and the promotion of general welfare • only Filipino citizens or corporations/associations at least seventy percent (70%) of the capital of which is owned by such citizens - allowed to engage in advertising industry • (2) participation of foreign investors in governing body of entities in such industry limited to proportionate share in capital; all executive and managing officers of such entities must be citizens of the Philippines "Neither PLDT nor SMART is qualified to buy any broadcasting company, since both companies are not 100 percent Filipino-owned." [Note: PLDT is 24.47% owned by a conglomerate owned and controlled by the Salim family of Indonesia while SMART is a wholly-owned subsidiary of PLDT.] APPLICATION: GMA Network Inc. (GMA 7) and the purchase by PLDT of a portion of the broadcasting firm did not materialize. Why?

CASE: [Philippine Long Distance Telephone Co. (PLDT) v. National Telecommunications Commission, 190 SCRA 717, 1990] Supreme Court: Section 24, Article II and Section 10, Article XVI of Constitution as basis for requiring PLDT to provide interconnection to another company.

PROVISIONS RELEVANT TO MASS MEDIA IN THE REVISED PENAL CODE (ACT NO. 3815, AS AMMENDED)
Crimes Against National Security and Public Order

approved on October 24. approved on October 24. 117. naval or armed forces • depriving Chief Executive or the Legislature (wholly or partially) of any of its powers or prerogatives How committed? • Swift attack accompanied by violence. plans. maintains. approved on October 24. 134-A. data or information referred to in the preceeding paragraph. abets or aids in undertaking a coup d'etat. any person in the government service who participates. Prision mayor (in its maximum period): 1. approved on October 24. signed receipts and other documents issued in their name. as amended by RA 6968. photographs. 3. Insurrection and Coup d'etat (Art. any person not in government service who participates. Espionage (Art. as amended by RA 6968. by higher reason of the public office he holds. belonging to the military or police or holding any public office of employment.without AUTHORITY. as amended by RA 6968) When is an act considered espionage? 2. or other data (confidential in nature) relative to defense of Philippine archipelago -. strategy or stealth • Directly against duly constituted authorities of the Republic of the Philippines. directs or commands others to undertake a coup d'etat c. rebellion or insurrection (Art. threat. heads rebellion or insurrection. or executes directions or commands of others in undertaking a coup d'etat Conspiracy and proposal to commit coup d'etat.00) . on behalf of the rebels (Note: that person is deemed to be the leader) Reclussion temporal: 1. Coup d'etat (Art. 136. 135. of the articles. discloses their contents to a representative of a foreign nation. 1990) Penalties: a. or in any manner supports.1990) • Penalty: • Coup d'etat: prision mayor (in minimum period) + fine (not exceeding Php 8. communication network. any person who in fact directed the others. spoke for them. intimidation. in any manner. as amended by RA 6968. 1990) How committed? • rising publicly and taking arms against the Government for purpose: • removing allegiance to Government and its laws. b. insurrection and coup are under command of unknown leader. Rebellion/Insurrection (Art. public utilities or other facilities needed for exercise and continued possession of power • singly or simultaneously carried out anywhere in the Philippines • carried out by any person or persons. as performed similar acts. anybody of land. b. territory. fort. or any military camp or installation. any person who promotes. or naval or military establishment or reservation to obtain any information. 1990) • • • Reclussion perpetua: a. finances.000.00) • Rebellion/Insurrection: prision correccional (in medium period) + fine (not exceeding Php 2. with or without civilian support or participation • Purpose of attack: seizing or diminishing state power Penalty for Rebellion. Any person who. Penalty elevated to higher degree when offender is public officer or employee a. any person merely participating or executing the commands of others in a rebellion. prision correccional (six months and one day to twelve years) b.000. Being in possesion. If rebellion. 2. as amended by RA 6968. 134.1. Entering a warship.

139) Inciting to rebellion or insurrection (Art. o Banners. write. intimidation. cartoons. or the National Government (or the Government of the United States). that which lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community. reinstated by EO 187 by Cory Aquino) How committed? • Without taking any direct part in the crime of sedition. acceptance of appointment to office under rebels Penalty: prision correctional (in minimum period) Inciting to Sedition (Art. 138. o Writings. c. of all its property or any part thereof Offender: public officers or employees Requisites: 1. continuously discharging the duties of their offices under the control of the rebels. who without taking arms or being open to hostility against the Government. or prevent the execution of any administrative order.Disloyalty of public officers or employees. failure to resist a rebellion by all the means in their power. incites others to the execution of any acts specified in Art 134 by means of: o Speeches. and 3. or any provincial or municipal government or any public officer thereof from freely exercising its or his functions. o Proclamations. any act of hate or revenge against private persons or any social class. 141. the safety and order of the Government. reinstated by EO 187 by Cory Aquino) • • • 4. and o Other representations tending to the same end How committed? • Committed by persons who rise publicly and tumultuously in order to attain force. (Art. 2. inciting others to the accomplishment of any acts which constitute sedition: speech. d. 142. that which tend to disturb or obstruct any lawful officer in executing the functions of his office c. 137. or other representations tending to the same end • Uttering seditious words or speeches. scurrilous libel against the Government (of the US and of the Philippines) or any of the duly constituted authorities thereof b. and e. b. any of the following objects: a. Commit. municipality or province. or circulate: a. any person. Inflict any act of hate or revenge upon the person or property of any public officer or employee. publish. o Emblems. f. writings. conspiracy and inciting to sedition(Art. reinstated by EO 187 by Cory Aquino) • offender: any person. proclamations. emblems. that which tend to suggest or incite rebellious conspiracies or riots e. Prevent National Government. that which tend to instigate others to cabal and meet together for unlawful purposes d. Despoil for any political or social end. banners. for any political or social end. reinstated by EO 187 by Cory Aquino) . those who knowingly conceal such evil practices • Penalties for sedition. Prevent promulgation or execution of any law or the holding of any popular election. or by other means outside of legal methods. 140. Sedition (Art. 142.

or circumstance tending to cause the dishonor. status. 154) How committed? • By means of printing. or cause damage to the interest or credit of the State . • By the same means. or which are classified as anonymous. even if it be true. pamphlets. Penalties: • Arresto mayor + fine (ranging Php 200 to Php 1. or by words. or any act. or extol any act punished by law. • Fair and true report. or contempt of a natural or juridical person. periodicals.A crime Against Honor Definition: a public and malicious imputation of a crime. made in good faith. or leaflets which do not bear the real printer's name. published. justify. or • Printing. Any other act performed by public officers in the exercise of their functions . Unlawful use of means of publication and unlawful utterances (Art. 000. moral or social duty. omission.00) Prision correccional (maximum period) + fine (not exceeding Php 2. without any comments or remarks. or distributing or causing to be printed. or to blacken the memory of one who is dead.Leader of sedition Other participating Conspiracy to commit Prision correccional (medium period) + sedition fine (not exceeding Php 2. if no good intention and justifiable motive for making it shown.00) Libel .000. or distributed books. lithography. publishing. except in the following cases: • Private communication in performance of any legal. of 1.00) prision mayor (minimum period) + fine (not exceeding Php 10. any statement. condition. utterances or speeches shall encourage disobedience to the law or to the constituted authorities or praise. • Maliciously publishing or causing to be published any official resolution or document without proper authority. (Article 353) 5. report or speech delivered in said proceedings 3. any judicial.000. or any other means of publication shall publish or cause to be published as a news any false news which may endanger the public order. legislative or other official proceedings which are not of confidential nature 2. (Article 354) Every defamatory imputation is presumed to be malicious.00) Requirement by publicity. discredit.000.00) Inciting to sedition persons prision correccional (maximum period) + fine (not exceeding Php 5. or of a vice or defect. 000. real or imaginary. or before they have been published officially.

or upon anyone who shall offer to prevent the publication of such libel for a compensation or money consideration Oral defamation Writing Lithography Engraving Radio Phonograph Painting Theatrical exhibition Cinematographic exhibition • • Prision correccional (minimum and medium period) Php 200. shall not exempt the author thereof.00 Serious offense: arresto mayor (maximum) to prission correccional ( minimum) or fine ranging fom Php 200. the defendant is acquitted. discredit or contempt upon another person.00 to Php 2. 355] Threatening to publish and offer to prevent such publication for compensation [Art.00 Not so serious: arresto menor or fine not exceeding Php 200. spouse. 356] Slander [Art. This liability is also shared with editor or business managers of daily news papers. child.00 • • Arresto mayor Php Php 200. 359] • • • • • • • • Imposed upon who threatens another to publish a libel concerning him or the parents.00 • . When it appears that the matter charged as libelous is true and it was with good motives and justifiable ends.000. or other member of the family of the latter.00 to Php 6. the author or editor of a book or pamphlets is held liable for defamation. • Serious and insulting nature: arresto mayor (maximum period) to prission correccional (minimum period) Otherwise: arresto menor (one day to thirty days) or fine not exceeding Php 200. 354. if made with MALICE. [NOTE: the principle of Respondeat superior also applies in these cases.Libel by means of writings or similar means [Art. 358] Slander by deed [Art. magazines or serial publications to the "same extent as if he were the author thereof".000. Libelous remarks or comments connected with the matter privileged under provisions of Art.000. which shall cast dishonor.] Any person who perform any act not included and punished in this tide.00 to Php 1. as well as the editor or managing editor from criminal liability.00 • • Proof of Truth.

established policies. sculptures or literature which are offensive to morals. Authors of obscene literature. Those who glorify criminals or condone crimes. editors publishing such literature. Immoral doctrines. print. scenes. Those who publicly expound or proclaim doctrines openly contrary to public morals. decrees and edicts 8. engravings. morals. (Article 201) • Offenders: 1. Those who sell. acts or shows in theaters . Those who exhibit indecent and immoral plays. 5. 2. and indecent shows. Tend to abet traffic in and use of prohibited drugs. lawful orders. obscene publications and exhibitions. give away or exhibit films.Offenses Against Decency and Good Customs 1. . 4. 6. public order. good customs. fairs and cinematographs or in any other place (whether live or in film). owners/operators of establishment selling the same. 7. Offend any race or religion. Serve no other purpose but to satisfy the market for violence. lust or pornography. and Are contrary to law. 3.

310 SCRA 511) It is an "intangible" or "incorporeal" right which purpose is to give protection to the intellectual product of an author or creator. in Habana vs. regardless of their mode or form of expression. Meddling with or disturbing the private life or family relations of another.2. a copyright is a "statutory protection of an artist's or writer's work giving to the creator (or the holder of the copyright) the right to regulate the publication. if the article in question is for the public good or the interest of justice. provides that the holder of the copyright has the exclusive right to carry out. lowly station in life. prevention and other relief: a.S.J. Vexing or humiliating another on account of religious beliefs. SPECIAL LAWS The civil code also provides for the freedom of speech and the freedom to write for the press or to maintain a periodical publication.PROVISIONS IN THE NEW CIVIL CODE (REPUBLIC ACT NO. b. physical disorder. the court may authorize its publication or dissemination. c. a. as amended by RA 1477] According to this law. compilation of databases. and derivative works." b. adaptation. Transformation of the work -. Intriguing to cause another to be alienated from his friends. privacy and peace of mind of his neighbors and other persons. scientific and artistic creations. It also extends to software programs. place of birth. The "Intellectual Property Code (RA 8293)". Rentals rights." (18 C. thus. 723 provides that letters and other private communication in writing cannot be published without the consent of the writer or his heirs. authorize or prevent the following acts: a. 172. but. provides that every person shall respect the dignity. the articles are seized by the government to be destroyed. Although. d. Robles. violates or impeded or impairs the rights and liberties of another person shall be liable to the latter for damages. Public display of the original or a copy of the work. related in confidence. unless the court or a House Committee of Congress find that such revelations is demanded by the security of the state. . multiplication.dramatization. or other personal conditions. these acts may not criminal liabilities attached to it. "the source of any news report or information. or both fine and imprisonment • Disposition of Prohibited articles. It also protects the privacy of communication or correspondence. b. AS AMENDED) Art. abridgement. Reproduction of the work or substantial portion of the work. First public distribution of the original and first copy of the work by sale. the articles would still be forfeited in favor of the government and will be destroyed. IPC). • Penalty: prision mayor or a fine of ranging from six thousand to twelve thousand pesos. 386. quality and purpose (Art. as well as their content. translation. 32 states that anyone (private individuals or individuals who holds public office) who directly and indirectly obstructs. or use of the copy righted material for a certain period of time. scholarly. Art. c. These works are protected by the sole fact of their creation. Art. d. Copyright Legally defined. 26. Prying into the privacy of another's residence. and e. personality. Copyright secures original expression in the forms of literary. these shall produce cause of action for damages. Should the offender be acquitted. Upon conviction of the offender. Furthermore. Shield Law [RA 53. defeats.

engraving. whether or not reduced in writing or other material form 4. 2. 1977) provided for compulsory license to reprint any textbook or reference book duly prescribed and certified by the registrar of the school or university or college. topography. choreographic works or entertainment in dumb shows 6. Orderly.1.Coverage of the Copyright Law (Sec. the limitation on the authorized expenses of candidates and political parties. including works produced by a process analogous to photography. articles and other writings 2. 8. however. Illustrations. This provision. dissertations prepared for oral delivery. Dramatic or dramatico-musical compositions. 11. architecture or science 10. Peaceful. and other works of applied art. This act also cautions media men. Letters 5. Section 6. 3 RA 9006) This act also provides that all registered parties and "bona fide" candidates shall have equal access to media time and space. Original ornamental designs or models for articles of manufacture. repealed the Textbook Reprinting Law. lithography or other work of art. observance of truth in advertising. sermons. This legislature provides that "all notices of auction sales and judicial notices and all similar announcements arising from court litigation required by law to be published in a newspaper of general circulation in particular provinces and/or cities shall be However. scholarly. and 3. scientific and artistic works The important and the most awaited piece of legislation matters of elections is the provision election propaganda in whatever medium is now allowed subject to: 1. Other literary. PD 285 (September 3. Textbook Reprinting Law Repealed. IPC) c. Publication of Judicial Notes (PD 1079) as amended by PD 1971. architecture.172. The price of these books were proved to be exorbitant and detrimental to the national interest. to be careful not to suppress essential facts nor to distort the truth by omission or improper emphasis. to the supervision and regulations by the Comelec (Sec. addresses. this law is in conflict with the Intellectual Property (IP) Law (PD 49). models or designs for work of art. LAWS AND CODES FOR THE PRINT INDUSTRY 1. Musical compositions. Pictorial illustrations and advertisements 14. which infringes on foreign copyright holders due to international IP laws.later amended by PD 400 (March 1. charts and three-dimensional works relative to geography. pamphlets. whether of domestic or foreign origin. Drawings or plastic works of a scientific or technical character. Books. 1974) and PD 1203 .(September 27. 1973) . . sculpture. and Credible Elections Through Fair Election Practices" 1. maps. Honest. Computer programs 15. Works of drawing painting. whether or not registrable as an industrial design. 9. plans.5 of the same act provided further that the media is accountable to fair reporting and interpretation of the news. is subject to the guidelines of Comelec. sketches. 2. lantern slides 12. Fair Election Act (RA 9006) "An Act to Enhance the Holding of Free. Photographic works. The promulgation of The Intellectual Property Code on January 1998. Audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audio-visual recordings 13. Lectures. consistent with its duty to air the both sides of the story and the duty to correct substantive errors promptly. Periodicals and newspapers 3. with or without words 7.

This decree grants the MTRCB the power to review and examine all publicity materials of motion pictures and television programs. RA 7079 allows maximum freedom to campus journalists. The Movie and Television Review and Classification Board (MTRCB) and Publicity Materials (PD 1986). Recognizing the that the book industry has a significant role in national development. 7. the person (or institution) he writes about. To qualify in the publication of such judicial notices. The Book Industry Development Act (RA 8047). "The press is not immune from general regulations by the State. in that.3. the newspaper he works. 2 of said act. 4. the statute applies to a wide range of goods and services. . This fosters the cooperation of both the government and private sectors by creating a National Book Development Board composed of 11 members (five from the government service. does not violate press freedom. 5. 81 L. RA 7716). six from the private sector). which withdraws the exemption of previously granted to the press under Sec. 132. 103(f) of the National Internal Revenue Code (NIRC) and. edited and circulated in the same city and/or province where the requirement of general circulation applies. contrary to law and/or good customs. Section 7 of said act protects the campus journalist form suspension or expulsion solely on the basis of articles he or she has written. 1973) 6. quality-produced books not only for domestic market but also for the export market. subjects print media to VAT with respect to all aspects of their operations. provided that these articles does not materially disrupt class work or involve substantial disorder or invasion of the rights of others. it may be published in the newspapers of the nearest city or province. This code lays down the obligations and responsibilities the journalist owes to different entries -. 961. edited and circulated in the locality. Taxation. in the judgment of the Board applying the contemporary Filipino cultural values as standard. the State provides a mechanism to strengthen ethical values. NLRB 301 U. Through this act. Ed 935. this law declares the policy of the State to promote the continuing development of the book publishing industry to ensure adequate supply of affordable. aspiring campus journalists by upholding and protecting freedom of the press even at the campus levels. a newspaper must have been regularly published for at least 1 year. injurious to the prestige of the country or its people or with dangerous tendency to encourage the commission of violence or of a wrong or a crime. like ladies and gentlemen in the truest sense of these terms. The Code of Ethics provides that journalists should act decently. " (Associated Press v. The Supreme Court holds that the press is taxed on its transactions involving printing and publication. It empowers young. his peers in the profession. such materials can be contested for its being immoral. indecent.the reading of public.S. published in newspapers or publications. encourage critical and creative thinking and developing moral character and personal discipline of the Filipino youth as provide in Sec. In this case. The Philippine Journalist's Code of Ethics. The Board can approve or disapprove and even delete objectionable portions of the publicity materials which. and the "public interest". "An Act Providing for the Development of the Book Publishing Industry Through the Formulation and Implementation of a National Book Policy and a National Book Development Plan". Campus Journalism Act of 1991 (RA 7079). 103. the "Expanded Value Added Tax"(EVAT. Distribution of the notices or advertisements for publication to qualified newspapers must be done by executive judge of the Court of First Instance (now Regional Trial Courts) personally and by raffle. This legislation recognizes the role of campus journalism in nation building. his sources of information. therefore. If there is no newspaper published. A separate discussion on the code of ethics is provided in another chapter of this outline.

LAWS AND CODES FOR THE BROADCAST INDUSTRY 1. Thus. This rule considers the propensity of losing parties in pending cases to file administrative charges against judges thought to be partial. hinder the ascertainment of the truth. or result in his inability to effectively communicate due to embarrassment. supervision and regulation of these forms of media. one or both of his support persons. cruelty. exploitation or discrimination because of physical or mental disability or condition." This is done (1) to protect the victim from trauma and embarrassment and (2) to encourage the victims to come forward and testify truthfully. The press and the general public are also excluded from the courtroom during the trial of specified sexual offenses. A live-link television testimony entails that the child shall testify in a room separate from the courtroom in the presence of the guardian ad litem. Broadcast media. Video footage of court hearings for news purposes are now restricted and limited to shots of the courtroom. this clause has comparatively limited coverage for the field of broadcast media. 14 of the Rules of Court. This protects the right to privacy of the child or when the court determines on the record that requiring the child to testify in open court would cause psychological harm to the child. This rule maintains the following purposes: (1) creating an environment that will allow the child to give reliable and complete evidence. the accused may also file a motion to exclude the public from trial. the facilitator and interpreter (if any). the parties and their counsel taken prior to the commencement of the official proceedings. neglect. But despite the supervision and regulatory policies that bound radio and television. Sec. The Supreme Court issued a Resolution (October 22. then. (3) encourage children to testify in legal proceedings. Sec. or offensive. as specified in Rule 139. Another instance where the press and the general public are denied access in the courtroom is during proceedings against judges. including members of the press who do not have direct interest in the case. the court [Note: "Child witness" is defined as " any person who at the time of giving testimony is below the age of eighteen. 1991) prohibiting live radio and television coverage of court proceedings to avoid miscarriage of justice." In child abuse cases though. Prohibition of Live Radio and TV Coverage of Court Proceedings. has limited protection from the free expression clause since radio and television is pervasively accessible to just anyone and almost anytime. upon its own motion exclude the public from the courtroom if the evidence to be produced from the trial is of such a character as to be offensive to decency and public morals. Live-link television testimony. a child includes one who is over eighteen years but is found by the court as unable to fully take care of himself or protect himself from abuse. (2) accused of a crime and (3) witnesses to crime. 6. except court personnel and the counsel of the parties. This rule covers the examination of child witnesses who are (1) victims of crime. Exclusion from the courtroom of all persons. Also. psychological or sexual abuse and criminal neglect (RA 7610 and other related laws)] The Rule on the Examination of A Child Witness. (2) minimize trauma to children. intelligent and sophisticated handling. This is further encapsulated in Rule 119. the freedom of expression clause protects all forms of media. whether by the government or through self-regulation by the industry itself calls for thoughtful. and (4) ascertainment of truth. "the Court may. Laws for Mass Media Practitioners Engaged in Broadcast Albeit. "Child abuse" means physical. susceptible to bribery. . broadcast stations deserve special protection given to all forms of media by the due process and freedom of expression of the Constitution. the judicial officers. fear or timidity. The clause that excludes the public on the basis of the sensitivity of the evidence also applies in this case.

e. or other identifying information of a child who is alleged to be a victim or accused of a crime or a witness thereof. Today. more specifically. (2) tend to incite subversion. The enactment of these laws basically transferred the functions of the Board of Communication and Telecommunications Bureau to the National Telecommunications Commission. 1979. acquisition. his counsel or the prosecutor. the grantee cut off from the air the speech. Regulation 1. parts and accessories and manufacturing materials used or intended for use in the mastering. a franchise is defined as "merely a privilege emanating from the sovereign power of the state and owing its existence to a grant. insurrection. address. school. act. on July 23. exportation. play. sale or distribution of optical media. Legislative Franchise and Certificate of Public Convenience and Necessity To put things into perspective. The trauma must be of a kind that would impair the completeness or truthfulness of the testimony of the child. The prosecutor. 2. if the court finds that the child will not be able to testify in an open court trial. . National Telecommunications Commission (NTC) . 1 which reorganized the executive branch of the National Government in September 23. c. i. through its administrative agencies. b.officer appointed by the court. b. a. Government Regulation a. or guardian ad litem may apply for an order that a deposition be taken of the testimony of the child and that it be recorded and preserved on videotape.issues licenses and permits to construct and operate broadcast stations and to purchase radio transmitting equipment. and other persons whose presence are determined to be necessary to the welfare and well-being of the child. telephone number."It is imperative that legislative (congressional) franchises are subject to the regulation by the police power of the state. manufacture or replication of optical media (any storage medium or device in which information may be accessed and read through lens scanning mechanism employing high intensity light sources like lasers or any such other means that might be developed in the future). (Sec. Willful failure to do so can lead to the cancellation of the franchise. contrary to law and good customs. 25 f) Videotaped deposition. 1972. rebellion or sedition. Whoever publishes or causes to be published in any format the name. uses indecent or immoral language. Broadcast stations are required to secure certificate of public convenience and necessity from the NTC. The court may order that the testimony of the child be taken by live-link television if there is a substantial likelihood that the child would suffer trauma from testifying in the presence of the accused. persons necessary to operate the closed-circuit television equipment. indecent. Movie and Television Review Classification Board (MTRCB) responsible for the classification of film and television programs and prohibits broadcast of materials which are (1) objectionable for being immoral.regulates importation. counsel. manufacturing equipment. of an immediate family of the child shall be liable to the contempt power of the court. Executive Order 546 was enacted pursuant PD No. As a result radio stations cannot install and operate radio telephone services on the basis of a legislative (congressional) franchise alone. rebellion or sedition. Laws and Jurisprudence and Regulations for Broadcast Companies Publication of identity contemptuous. the MTRCB. Optical Media Board (OMB) . or scene or other matter being broadcast if there is a tendency that such airing proposes and/or incite treason. It is also important to note that Republic Acts granting radio and television franchises include a section on self-regulation. It also is responsible for allocating frequencies and implementation of technical standards.

) e. Constitutional Limitation.1. f. devices substances." An industry that adopts self-regulation is improved. embedded in the optical media. PD 1987. Kapisanan ng mga Brodkaster ng Pilipinas (the Association of Broadcasters in the Philippines . the Film Development Council of the Philippines was created with the function to develop and implement an incentive and reward system. The KBP continually updates and reinforces the Television Code. The present constitution provides that advertising agencies may be owned by non-Filipino citizens up to 30%. ethical and wholesome bounds and help assure professional advertising practice. the KBP has the authority to enforce discipline from within it ranks. Its regulatory function is pegged on its judgment and application of "contemporary Filipino cultural values". then President Ferdinand Marcos formed the MTRCB (October 5. cosmetics. to develop and promote programs to enhance the skills and expertise of Filipino talents. Inc. the dominant them of the material taken as a whole appeals to prurient interest. Consumer Act of the Philippines (RA 7394). which has resemblance to the Roth test: "Whether to the average person. Advertising Board of the Philippines. Rules are enforced through a system of reprimands and sanctions. drugs. This law provides that "the State shall protect the consumers from advertisements and fraudulent sales promotion practices. and to ensure the establishment of a film archive. the representative of the communication sector in the 1986 constitution rationalized this provision as to a mechanism to "Filipinize" the content and ownership of current advertising. • RA 9239." LAWS AND CODES FOR THE ADVERTISING INDUSTRY . Radio Code and the Technical Standards which are recognized by the government. It was incorporated on May 3. Organized on April 27. Film • LAWS AND CODES FOR THE FILM INDUSTRY AND AUDIO-VISUAL MEDIA d. 3. Cit. to hold properties necessary to carry out its purposes. it regulates the conduct and behavior of advertising practitioners through the adoption of a Code of Ethics. Op. 1974. 1973 by the country's major TV and radio networks. applying contemporary community standards." This responsibility designated to the Department of Trade and Industry covers all products and services except food. As a response to an urgent need to rationalize the movie and television industry. which traces the source of all optical media mastered. This was primarily implemented to curb music and movie piracy. to encourage quality films. Republic Act 9167. 2. Conversion of VRB to Optical Media Board (OMB) and the Optical Media Act of 2003. E-commerce Law (RA 8792). and the nation is helped as well" (Mr. AdBoard is guided by the ADVERTISING CONTENT REGULATION MANUAL OF PROCEDURES (ACR) and the STANDARDS OF TRADE PRACTICES AND CONDUCT (TPC) MANUAL which serve to keep advertising within correct.KBP). Through virtue of this RA. Creation of the Videogram Regulatory Board (VRB). in response to technological developments. • 2. This law institutionalizes an internationally accepted system identification (SID) code. Escaner. Florangel Rosario-Braid. manufactured or replicated by any establishment. or self -regulation has been honored by government authorities since 1975 and upheld by a 1987 Supreme Court decision. Audiovisual Media • PD 1987. This law covers matters that relate to Internet-based consumer protection. 1. (AdBoard)is a self-regulating body of advertising agencies of the Philippines. Self-Regulation. The Movie and Television Review and Classification Board (MTRCB). since advertising messages which carry western and elitist values may persuade them to adopt alien lifestyle and value. 1985).

2. penalties for unlawful use and other purposes. feature a celebrity or contain an endorsement. advertising agencies. Regulation on billboards are guided by the National Building Code (RA 6541) which states that "No sign or signboard shall be constructed as to unduly obstruct view of the landscape. 3. Billboards. except where these involve or seek to promote commercial transactions. cultural or art events. 4. Internet. classified ads and obituaries. Internet • "Rules in the offline world apply online…The principle is not gain or lose rights merely by going online…Laws do not apply to space.electronically-based media. The Code does not apply to: (1) public service and emergency announcements of utility companies. except tobacco advertisements placed inside the premises of point-of-sale establishments. (2) religious. as well as individual team athletes. plants or other subjects. and (3) all other forms of tobacco advertising in mass media beginning July 1. laws apply to people. show."New Media". and (3) standard transport announcements. be aimed at or particularly appeal to persons under 18y/o. i. or otherwise defile." • Advertisements shall not: 1. World Wide Web 4. 2007. or the act of using. 2000). It covers advertisers. concert. even by nonmembers. distributing or selling tobacco products must post the following in "clear and conspicuous" manner: "Sale/Distribution to or purchase by minors of tobacco products is unlawful. media and advertising support groups. debase or offend aesthetic and cultural values and traditions. 6. the most significant law pertaining to the use of internet is the Electronic Commerce Act (RA 8792." (Dr. portray or depict scenes where the actual use of. puffing or lighting cigarettes or other tobacco products is presented to public • The law also bans all tobacco advertising on (1) television. The number one purpose of this is to promote truthful and informative advertising for the benefit of consumers and the public in general. 2008. which was swiftly enacted as a response to the damages and crippling effects caused by a Filipinowritten virus "Love Bug" or "iloveyou virus". RA 8792 provides for the recognition and use of electronic commercial and noncommercial transactions. 5. distract or obstruct the view of the public as to constitute a traffic hazard. Ang Peng Hwa) • In the Philippines. and radio beginning January 1." LAWS AFFECTING THE NEW MEDIA 1. and public issue advertisements and announcements. (2) cinema and outdoor advertising beginning on July 1. 2007. cable television." • Printing of health warnings on tobacco product packages • All advertising in mass media to contain health warning "GOVERNMENT WARNING: Cigarette Smoking is Dangerous to Your Health. sets in place . It also recognizes electronic documents and puts manual and digital signatures on equal footing. And to the extent that people can be regulated. • Point-of-sale establishments offering. artists or performers where the said entities are required or involved in promoting or advertising any tobacco products are prohibited. Tobacco Act Regulation of 2003 (RA 9211). political. implied or express by a celebrity.e. contain cartoon characters or subjects that depict humans or animals with comically exaggerated features or that attribute human or unnatural characteristics to animals. approved June 14. those who use cyberspace can be regulated. • Sponsorship by tobacco companies to sport. ADBOARD Code of Ethics. It allows the admissibility of electronic documents by courts. It exerts all efforts to obtain voluntary compliance with its rules and regulation.

Rule 11. Cellular Phones (Cellphones/Mobile Phones) and Text Messaging • Text messaging has played an important role in the average Filipino's life . Due to irresponsible use of use of text ." Laws affecting convergence are the 1987 Constitution. voice and data.of E-government and penalizes acts. referred to as "cybercrimes". the National Telecommunications Commission signed a Memorandum of Understanding with leading mobile phone providers (Globe. The Implementing Rules and Regulations of the E-Commerce Law define it as "technologies moving together towards a common point and elimination of differences between the provisioning of video.e. i.spreading obscene. . the telephone. offensive and false messages. Acts passed by Congress. • Regulating Text Messaging. Presidential Issuances. the ability of different network platforms to carry any kind of service and the coming together of consumer devices such as. Department Orders issued by the DOTC and Memorandum Circulars issued by the NTC. • Convergence. Smart. using digital and other emerging technologies. and other electronic forms of communication the evidence of which is not recorded or retained. • Text as evidence. etc. 2 of the same act provides that these form of evidence should be "proven by a testimony of a person who was a party to the same or who was the recipient of said messages and therefore had personal knowledge thereof on their contents and import". television and personal computer. but not limited to.) to regulate SMS (short message sending). Text messages are admissible as evidence in trial as Section 1 (k) Rule 2 of the Rules on Electronic Evidence: "Ephemeral electronic communication refers to telephone conversation.from a household gadget to a mechanism to oust a President and a elect a new government. Sec. libelous. text messages. cracking or hacking. 2. the coming together of two or more disparate disciplines or technologies." Furthermore.

The board or body should. the law itself must not be arbitrary Gonzales v. It would be too much to insist that at all times and under all circumstances it should remain unfettered and unrestrained. by an individual. the making of speeches. No L-27833 April 18.CASE LAW/JURISPRUDENCE AFFECTING MASS MEDIA A. liberty. 23 (1942)] In both administrative and judicial proceedings. Substantial evidence means such reasonable evidence as a reasonable mind might accept as adequate to support a conclussion. COMELEC (G. or at least contained in the record and disclosed to the parties affected. Daniel Webster defines it as "a law which hears before it condemns" [Lopez v. The evidence must be substantial. The tribunal must consider the evidence presented. The tribunal or body or any of its judges must act on its or his own independent consideration of the law and facts of the controversy and not simply accept the views of a subordinate. free speech and free press may be identified with the liberty to discuss publicly and truthfully any matter of public interest without censorship or punishment. 6. There are other societal values that press for recognition. and property without the due process of law. "Freedom from arbitrariness and its embodiment of the sporting idea of fair play" [Ermita-Malate Hotel and Motel Operators'Ass'n v. Director of Lands. Sec. Due Process. and 7. [137 SCRAA 628 1985]. The decision itself must have something to support itself.4] 1. Dans Jr. was questioned for what petitioners considered as an infringement of freedom of expression. Right to a hearing. City Mayor. • • • Eastern Broadcasting Corporation (DYRE) v. 47 Phil. 5. FREEDOM OF SPEECH. reasonable and just. . 3. Procedural Due Process procedure which government agencies • must follow in the application and enforcement of laws. announcements or commentaries or holding of interviews for or against the election of any party or candidate for public office except during and election period. Before a broadcast station may be closed or its operation curtailed it must undergo due process. render its decision in such a manner that the parties to the proceeding can know the various issues involved. and the reasons for the decision rendered. in all controversial questions.III. The decision must be based on the evidence presented at the hearing. 2. which prohibits the solicitation of any campaign or propaganda. 1. the heart of procedural due process is the need for notice and an opportunity to be heard. 1 of the Constituition says: "No person shall be deprived of life. III. 4.R. SEC. Freedom of expression is not absolute. which includes the right to present one's case and submit evidence in support thereof. nor shall any person be denied the equal protection of the laws. 1969). 20 SCRA 849] Art. Substantive Due Process Refers to the law itself which must be fair. Constitutionality of RA 4880. Court held: at the very least. OF EXPRESSION AND OF THE PRESS [1987 CONSTITUTION. ART. There are two aspects of due process: procedural due process and substantive due process.

Forms of Abridgement of Expression: 1. to "cease and desist from filming and producing" the mini series. Chief of Staff.S. 2. Office and printing machines. The case cites exceptions to the ban on prior restraint like: 1. There could be constitutional as well as unconstitutional prior restraint as seen in the case of Times Film Corp. It made clear that while expression is generally protected from prior restraint. paraphernalia. security of community life (protection against incitement of acts of violence and the overthrow by force of orderly government). The Dangerous Tendency Rule. 599 (1923)]. v. This is also supported by the case of Near v. Freedom from Subsequent Punishment The Near case is the landmark case pertaining to this matter. This means the official government restrictions on the press or other forms of expression in advance of actual publication or dissemination. Justice Feliciano held: "what is involved in the instant case is a prior and direct restraint on the part of the respondent Judge upon the exercise of speech and of expression by petitioner. Perez [45 Phil.Facts: Perez in a political discussion said "The Filipinos like myself must use bolos for cutting off (Governor General) Wood's head for having recommended a bad thing for Filipinos for he has killed our independence. the speech could be punished when it "creates a dangerous tendency which the State has the right to prevent". Capulong [160 SCRA 861 (1988)]. whereas. Primary requirements of decency (protection against obscene publications). v. 697 (1931)] in which the Court held "It has nver been held that liberty is absolute or that all forms of prior restraints on speech are invalid. This resulting to the curtailment of the operations of the printing press. where the Chicago ordinance requiring films to be submitted and viewed by a board of censors prior to public exhibitions was held as constitutional. Where flat license fees for the privilege of selling religious books were found to be objectionable as a form of prior restraint. City of Manila [101 Phil. 386 (1957)]. Prior Restraint. 1. It has to be taken into consideration that there are permissible form of prior restraint. 1982. after Juan Ponce Enrile filed a complaint alleging the production was a violation of his right to privacy. v. Judge Capulong of the Makati Regional Trial Court issued a writ of preliminary injunction against Ayer Productions. producer of "The Four Day Revolution" on the 1986 People Power Revolution. Sr." Held: Perez was imprisoned for this remarks. a mere tendency was enough. AFP [133 SCRA 800 (1984)]. People v. it was not necessary for him to actually create evil. it might subsequently be punished if unlawful." Burgos .2.43 (1961)]. . Ayer Productions Pty. such closure is in nature of previous restraint or censorship abhorrent to the freedom of the press. equipment. for speech to be punishable is that there be a rational connection between the speech and the evil apprehended. City of Chicago [365 U. motor vehicles and various articles used in printing. publication and distribution of We Forum and Metropolitan Mail were seized thru the directive of search warrants issued on December 7. Under this test. All that is required. Minessota [283 U.S. 2." American Bible Society v. Court held search warrants null and void and ordered the return of the seized articles to the publisher as it constitutes a virtual denial of petitioners' freedom to express themselves in print.

Held: these acts create a clear and present danger to national security. Comelec [104 SCRA 17 (1981)]. The basis of this test was explained by Justice Cruz: When a particular conduct is regulated in the interest of public order and the regulation results in an indirect. The test permitted punishment when "the words used are used in circumstances and are of such nature as to create a clear and present danger that they will bring about the substantive evils that the State has the right to prevent. Comelec [27 SCRA 835 (1969)]wherein Gonzales commented that RA 4880 which among other things prohibits the too early nominations of political candidates and limits the period for partisan political process as a social value. Fact: Leaflet attacking the Conscription Act of World War I and urging recent conscripts to resist serving in armed forces. The Clear and Present Danger Test. Fugoso [80 Phil. "…to precisely constitute an exception to freedom of speech and press clause on account of consideration more paramount for general welfare and public interest…" ." Schenck v. Comelec [27 SCRA 835 (1969)]. The clear and present danger test was first applied in the case of Primicias v. The term clear seems to point to a casual connection with the danger of substantive evil arising from the utterance questioned.S. Unlike the dangerous tendency doctrine. The danger must not only be probable/but very likely inevitable.2. The accused was convicted of violation of the Espionage Act of 1917 for having caused insubordination and obstruction of recruitment services. but also present. The Comelec's power to regulate time in broadcast media and space in the papers was balanced against freedom of expression in Unido v. de Gonzales [92 SCRA 476 (1979)]. In the case of Gonzales v. the duty of the Courts is to determine which of the two conflicting interests demands the greater protection under the particular circumstances prevented. Soto Vda. U. The Philippine High Court applied this test to solve the conflict between the right of the family of the deceased Moises Padilla to have their privacy protected and the right of the writer to write about a public figure like Padilla.S. 71 (1948)] where Mayor of manila sought indirectly to muzzle the opposition party by denying its application for a permit to hold a public meeting at Plaza Miranda on the ground that speeches to be delivered might disrupt public order. 97 (1919)]. [249 U. It is a question of proximity and degree. The court held the family's right to privacy and declared that the licensing agreement which required compensation to the family was valid. Justic Fernando explained: "This test then as a limitation to freedom of expression is justified by the danger of evil of a substantive character that the state has the right to prevent. The Balancing of Interest Test. Through Justice Castro said: In determining the validity of the law. Lagunzad vs. The court rejected the argument asserting that the situation in Manila did not justify the Mayor's fears. conditional partial abridgement of speech. The test which was first used in the case of Gonzales v. Present refers to the time element. the danger must not only be clear. 3. free speech as a social value must be weighed against the political process as a social value.

B. The petitioners.III. recordings. p. 5 Records of the Constitutional Commission. without being sued by the citizen. justifying. citizens can participate in public discussions leading to the formulation of government policies and their effective implementation. 2002) Coverage. Civil Service Commission (150 SCRA 530 [1987]). . transactions an decisions Any document that is part of the public records in custody of government agencies or officials. establishing. No. "…this right of the people is precisely the duty of the State to make available whatever information there may be needed that is of public concern…it challenges the people to be active in seeking information rather than being dependent on whatever the State may release to them. Access to official records and documents. 5 Records of the Constitutional Commission. ART.. Government research data Documents and papers. December 9. Challenge to the citizen. confirming. Valmonte vs. No. The right to information covers categories of information which are "matter of public concern". 3. o "The right of the people to information on matters of public concern shall be recognized. and papers pertaining to official acts. SEC. p. Legaspi vs. evidencing. o "Armed with the right information. ethical principle for the conduct of public affairs in a genuinely open democracy." (Chavez v.26) Informed citizenry. The RIGHT TO INFORMATION [1987 CONSTITUTION." (Fr.26) o "It is the right of the citizen to demand information…the State must have a policy even without being demanded. Justice Cortes ascertained that while government agencies have regulatory functions over records their offices hold. Legaspi petitioned CSC to release civil service eligibility of some persons employed by Cebu City Health Department but was denied access to said documents. PEA&AMARI G. p. o • • 1. An informed citizenry is essential to the existence and proper functioning of democracy. Court decided whether or not right to information extended to government negotiations not yet concluded. who are media practitioners. subject to such limitations as may be provided by law. 1998). 1307016. Bernas. by the citizens. they are duty-bound to disclose matters of public concern (like the nature of civil service eligibility) and access to these said documents cannot be discretionary on the part of said agencies. Official Record 2. or decisions as well as to government research data used as basis for policy development. transactions or decisions of the gov't agencies or officials. owned by the gov't and used in formulating gov't policies • • • Self-executing Right. Rama. Presidential Commission on Good Government (G. 5 Records of the Constitutional Commission. transactions. collated or processed." (Mr. shall be afforded the citizen.R. to disclose information and transactions. Belmonte (170 SCRA 256 [1989]). Court held that a consummated contract is not necessary in the exercise of right to information." • "…for all of these safeguards for an open and honest government. sought information on veracity of reports that certain members of Chavez v.24) Duty of the State.. or explaining official acts.R. 133250 July 9." (Blas Ople. people can never exercise said right if no contract is consummated or may be too late for public to expose defect in contract. Documents and papers pertaining to official acts.It establishes a concrete. supporting. Raw.7] • Highlights transparency in the government. with the people's right to know as the centerpiece.

• Valmonte vs. summaries and the like in their desire to acquire information… • Garcia: the right to access may not be extended to trade secrets or confidential commercial and financial information and matters of national security. 3. Access to official records. and 4. If public concern is ascertained. 2. CSC: "legitimate concern of citizens to ensure that gov't positions requiring CS eligibility are occupied by person who are eligibles. Rights Guaranteed: 1. 3. • Recognized restrictions: • In 1993: 1. discharges the same function of service to the people. then right to access official records may be exercised. Information on investigation of crimes by law enforcement agencies before the prosecution of the accused. National security matters. September 7. PCGG): 1. • Legaspi v. Vasquez (244 SCRA 286 [1995]): Right to information is not applied to: 1. claimed reasons for not showing the documents on loans was that the loans are private in nature since GSIS is performing a propriety action. Confidential information • Almonte v. abstracts. Court held that loanable funds of GSIS are of public nature and public office held by alleged borrowers are of public interest and concern. in defense." • Tañada v. "Public concern" is case to case basis. Belmonte: GSIS. Thus. • Limits of Right: • Valmonte: Constitution does not accord the right to compel custodians of official records to prepare lists. It is sufficient for him to show that he is a citizen.• legislative assembly were able to secure clean loans from Gov't Service Insurance System (GSIS) immediately before 1986 elections through intercession of former first lady Imelda Marcos. Trade secrets and banking transactions. Who may assert the Right? Any citizen. 1989): Congressman Garcia of Bataan asked the Department of Trade and Industry (DTI) for a copy of the amendment reportedly submitted by the Taiwanese investors in their application for the establishment of the plant and also original application. 3. 2. . • Legaspi v. Tuvera ( 146 SCRA 44): need for adequate notice to the public of various laws are to regulate the actions and conduct of citizens. DTI refused because investors did not consent to the release of documents. Board of Investments (177 SCRA 374. Belmonte: public nature of loanable funds of GSIS and public office held by alleged borrowers are clearly a matter of public concern and interest. military and diplomatic secrets. Court held that whether carrying out its sovereign attributes or running some businesses. Morato (203 SCRA 515 [1991]): records reflecting the votes taken by the Board of Censors are public records and matter of public concern. 2. and 4. • Valmonte vs. Those affecting national security. • Aquino-Sarmiento vs. Diplomatic correspondence relating to national security and interest. CSC: people are regarded as real party in interest and the realtor at whose instigation the proceedings are instituted need not show that he has any legal or special interest in the result. 2. Confidential records of different branches of government • In 1998 (Chavez v. Privileged information under the separation of powers. the petitioners have the right of access to the public documents. Matters still pending decisions. • Garcia v. Court held that Garcia has the right of access to information about the application contained in documents submitted and the requirement of publication is clear indication that the matter is of public concern. 4. Information affecting national security. Criminal matters. Citizens only.

Rev. . 1069. It the covers all confidential or classified information between the President and the public officers. When the executive branch withholds such information on the ground of this privilege. • Administrative Order No. L. 464 and the Congress' Power of Inquiry The Constitution gives Congress the right to obtain information from the executive branch whenever such information sought is in aid of legislation.O. E. to the extent that the investigations aid in legislation.• EO 464 (PGMA) . there are three distinct kinds of considerations in the actuating EP: 1. Generic privilege -. 108 directs government officials to deposit three copies of rules and regulations and circulars and other official issuances with the UPLC for the purpose of having a centralized system of information. 5. diplomatic and other national security matters which in the interest of national security should not be divulged. 3. Information between inter-government agencies prior to the conclusion of treaties and executive agreements. • The Civil Code provides that legislations should be published in the Official Gazette. • The Administrative Code of 1987 mandates every government agency to file with the University of the Philippines Law Center (UPLC) three certified copies of every rule adopted by it. the provision of EO 464 that the executive branch can evade this power vested in Congress without clearly asserting a right to do so and stating the reasons therefore is held impermissible. [M."Executive Privilege" as an exemption to the power of legislative Executive privilege is right of the President and high-level executive branch officers to withhold information from Congress.internal deliberations attached to intragovernmental documents E.O 464 and the people's right to information The nulled provisions of EO 464 denies the right of the people to information since. 2. EO 200 promulgated by Pres. Executive Privilege and the Modern Presidents: In Nixon's Shadow (83 Minn.disclosure may subvert crucial military or diplomatic objectives. Publication of statutes that do not directly apply to people in general. from courts. it must assert it and the reasons therefore. 2. however. legislations are presumed to be matters of public concern. Discussion in closed-door Cabinet meetings. the courts and ultimately the public. Rozell. and from Congress. Conversation and correspondence between the president and the public official covered by this EO. Therefore.nondisclosure of the identity of persons who furnish information on violations of law 3. Matters affecting national security and public order inquiry (the general power of Congress to obtain information) . • Mandatory Publication of Laws as Means of Implementing the Right to Information • Publication of laws can not on any event be omitted as it would deny the public knowledge of the laws that are supposed to govern it. 4. Military. This is the power of the president to withhold certain types of information from the public. and why this privilege must be respected. the UPLC created the Office of the National Administrative Register (ONAR) which publishes all these rules and regulations in the National Administrative Register (NAR). State Secrets -. including: 1. Aquino paved the way for laws to be published alternatively in a newspaper of general circulation in the Philippines. Informer's privilege -. In line with this. According to Tribe.

LIMITS TO FREEDOM OF SPEECH. privacy means that by no means should it be abolished. 1888) This is the right of an individual to determine what. The case of SENATE OF THE PHILIPPINES et. it does not follow that the same is exempt from the need for publication. Major General Josephus Q. EDUARDO R. No. and thus may be question by members of the body politic. (Thomas Cooley. Having spurred from the natural law which is immutable and recognized as intuitive. The search and seizure was a directive under RA 1379 "The Act for Forfeiture of Unlawfully Acquired Property" to recover alleged ill- . No. Due process thus requires that the people should have been appraised of this issuance before it was implemented. • Administrative Code of 1987 (Local Government Code) Code of Conduct and Ethical Standards for Public Officials and Employees (RA 6713) EO 89 Other statutes supporting the Right to Information: • • Even if EO 464 does not directly apply to people. ERMITA (G. OF EXPRESSION. Republic of the Philippines v. All public employees to respond to letters and routinary requests sent by the public within fifteen days from receipt Procedures for the public and the agencies to follow when there are request for governmental data and information System to ensure smooth flow of transactions in government and prompt response to public requests Strict observance of RA6713 Memorandum Circular No. v. it still requires publication.R. is still a matter of public interest. The Right to Privacy. Simply said. as to the legality of the search and seizure operations that occurred on her house. 60 • • C. AND OF THE PRESS AND TO THE RIGHT OF INFORMATION 1. how much and when information about himself shall be disclosed. 169777 April 20. Citing the case of Tañada v. Ramas and Elizabeth Dimaano (G. the term "laws" should refer to all laws and not only to those of general application. 104768 July 21. the Court held. 2006) guides us in the light of this matter.R. Al. "all laws relate to people in general albeit there are some that do not apply to them directly." Whether the law applies directly to the people in general. Recoginizes people's right to access as essential to enable them to participate in policy making and decision making process of government Provides for the establishment of a Public Information and Assistance Office and the Office of the National Administrative Register • • • Provides for transparency of transactions and access to information keeping with the state policy of full public disclosure of transactions involving public interest. 2003) presents a case where the Court upheld the right of Dimaano to privacy. The privacy of an individual is protected by the natural law and the Philippine Constitution."When the law does not distinguish do not distinguish" . "privacy" is the right to be "let alone". "While EO 464 applies only to officials of the executive branch. Sandiganbayan. In that. Tuvera (146 SCRA 44) which shed light on the need for publishing even those statutes that do not directly apply to people in general.

Taking into view the case of People v. Violations against unreasonable search and seizures may only be invoked against the State. General de Villa (G. 1989). Jr. September 29. as protocol.R. The Right to Privacy in Private Law and Other Laws 1. It is important to be taken into view that during the time of the search and seizure. c. Justice Puno held that Dimaano has a right against unreasonable search and seizure and to exclude evidence obtained thereof because the right to privacy is a natural law. The Court held: the search was made at the initiative of the proprietor of a private establishment for its own private purposes without the intervention of police authorities. the package was opened for final inspection and was found to contain dried marijuana leaves inside. a. Search and Seizure A reasonable search is not to be determined by any fixed formula but it is to be resolved according to the facts of each case [Valmonte v. 6425). no Bill of Rights is in effect to protect Dimaano's right to privacy because the "revolutionary" government under Aquino had just been installed and was bound by no constitution or legal limitations. Civil Code. personality. privacy and peace of mind of his neighbors and other persons". Otherwise. This law also recognizes the privacy of letters and other private communication. However. Switzerland. for restraint or other relief . Before delivering to the Bureau of Posts. Consequently. It also punishes such acts of meddling and prying into the privacy of another by imposing actionable torts . b. intrusion to such private communication is afforded by this law when any peace officer is authorized by a written order of the Court to execute any of these acts.action for damages. Privacy of Communication and Correspondence Where there may be a constitutional mandate affording protection to privacy of communications.against offenders. the information resulting from wire tapping is not admissible as evidence in any court.gotten wealth the Sandiganbayan clerk-typist amassed. In the WE Forum case (133 SCRA 800 [1984]) the Court did not issue a search warrant because the mere possession of printing equipment and other paraphernalia was not substantive to conclude that said equipments are utilized for subversive activities by the owner. There must exist a probable cause upon which a warrant of arrest or an arrest is made. Bill of Rights and Private Individuals • The Bill of Rights is not meant to be invoked against acts of private individuals. Marti was convicted for violation of the Dangerous Drugs Act (RA No. Marti appealed that the evidence should not be admitted by virtue of the privacy clause afforded by the Constitution. where Marti delivered four giftwrapped packages to Manila Packing and Export Forwarders to be sent to Zurich. intrusion to the privacy of communication and correspondence is allowed "upon lawful order of the court or when public safety or order requires otherwise as prescribed by law. But." The Anti-Wire Tapping Law (RA 4200) • This law declares that is unlawful to pry in to any private communication. using technology ranging from wire to cables to complicated devices. 83988. Burgos. This law provides that "every person shall respect the dignity. Marti. .

d. except in civil case by one against the other or in a criminal case committed by one against the other or the latter's direct descendants or ascendants. Aids Patients. b. during after marriage without the consent the other. medical instructors. the prosecutor. the court and its officers. Exceptions to this medical confidentiality include: 1) reportorial requirements in conjunction with AIDSWATCH. e. as to communications made to him in confidence. A minister or priest. c. data encoders and other custodians of any medical information. Rules of Court includes the concept of privileged communication which has underpinnings in privacy. The following conditions. stenographer or clerk without the consent of his client. Trespass to dwelling. in which case such records will be destroyed after satisfaction of such civil liability. as well as the parties to the complaint shall recognize the right to privacy of the offended party and the accused. A person authorized to practice medicine. unless necessary and with the authority of the judge. Communication between a husband or wife. recruitment agencies. insurance companies. b. workers. d. 2)informing other health workers directly involved or about to be involved in the . prosecution and trial of a complaint for rape. or any other information tending to establish their identities. and such circumstances or information on the complaint shall not be disclosed to the public. c. RA 8505 aka "Rape Victim Assistance and Protection Act of 1998" provides that at any stage of the investigation. Rape Victims. his secretary. 12 affords the privacy and confidentiality of the proceedings in these courts.2. An attorney. at all stages. Cases tried by the Family Courts. c. Youthful Offenders. 4. particularly the identity and status of persons with HIV. Revised Penal Code. 3. employers. "Family Courts Act of 1997"(RA 8369) Sec. where one might be called for to divulge information. surgery or obstetrics in a civil case without the consent of the client. A public officer during his term of office or afterwards. These records shall be considered privileged and may not be disclosed directly or indirectly to anyone for any purpose whatsoever. limits the right to information and press freedom in favor of privacy: a. Revelation of secrets which have become known to a public officer by reason of his official capacity (deliberately or accidentally). without the consent of the person who made the confession. the police officer. or revealing secrets with abuse of office. when the court finds that the public interest would suffer by the disclosure. "Philippine AIDS Prevention and Control Act of 1998" (RA 8504) protects the privacy of AIDS patients by ensuring medical confidentiality. The following acts constitute a violation of privacy: a. Discovery and revelation of secrets by seizing papers and letters and revealing their contents. The name and personal circumstances of the offended party and/or the accused. Medical confidentiality covers all health professionals. Special Laws a. b. PD 603 aka "Child and Youth Welfare Code" provides that youth offenders whose charges are dropped are protected through the destruction of all their records unless civil liabilities has also been imposed in the criminal action.

In the case of Borjal v. (Profs. to "cease and desist from filming and producing" the mini series. b. and provide convenience to the people as opposed to AO 308 which tinkered on creating a new national ID system where none existed before and intruded the citizenry's protected zones of privacy. where the ID system applies only to government entities that already maintained ID systems and the purpose of the uniform ID data collection and format are to reduce costs. 293 SCRA 141). confidentiality. Computers and Privacy a. The DirectorGeneral. since the EO only afforded the adoption of a reasonable ID system. 167798 April 19. Ramos (FVR) administrative order "Adoption of a National Computerized Identification Reference System". his affairs and his character. de Gonzales [92 SCRA 476 (1979)]. c. 3) when responding to subpoena duces tecum and ad testificandum. it held that the extent of the intrusion is reasonably necessary to keep the film a truthful historical account. treatment or care of a person with HIV/AIDS.No. or by adopting a profession or calling which gives the public a legitimate interest in his doings. In the . The court held the family's right to privacy and declared that the licensing agreement which required compensation to the family was valid. producer of "The Four Day Revolution" on the 1986 People Power Revolution. E-Commerce Law (RA 8792) and the Implementing Rules and Regulations of the "Electronic Commerce Act" shield the privacy. furthermore. the Court explained that even if a person is not a public official or at least a public figure as long as he is involved with a public issue. 6. anonymity of users and provides content control. fame. NEDA. 2006) two issues were raised: the EO was a usurpation of legislative power by the President and it infringes on the citizen's right to privacy. has become a "public personage". et al. Ayer Productions Pty. This jurisprudence widen the scope of "public figure". or mode of living. insure compatibility. GMA's EO 420. Privacy and Public Figures A "public figure" is a person who. by his accomplishments. achieve efficiency and reliability. Prosser and Keeton). (G. Soto Vda. after Juan Ponce Enrile filed a complaint alleging the production was a violation of his right to privacy. since Enrile was a public figure at that time. The Court held otherwise on both grounds. Lagunzad vs. 254 [1964]). he could be subject of a public comment as cited in Rosenbloom v. The case in consideration discusses the invalidation of President Fidel V. No. where main issue is the HIV status of the patient.R.S. Capulong [160 SCRA 861 (1988)].R. v. 127685. In the case of Kilusang Mayo Uno. Court of Appeals [301 SCRI (1999)]. Metromedia (403 U. et al. The AO gives the power to the government to compile a devastating dossier against unsuspecting citizens. The Philippine High Court applied this test to solve the conflict between the right of the family of the deceased Moises Padilla to have their privacy protected and the right of the writer to write about a public figure like Padilla. Judge Capulong of the Makati Regional Trial Court issued a writ of preliminary injunction against Ayer Productions. v. AO 308 (G. Ople v. The court ruled that this infirm the Constitutional provisions for privacy as it intrudes the citizenry's protected zones of privacy.5. It was held that the film did not constitute an unlawful intrusion to Enrile's right to privacy.

Citing Justice Holmes' criteria for inciting to sedition. same ruling the Court stated that being a public figure ipso facto does not automatically destroy in toot a person's right to privacy. Privacy applied by KBP (Circular no. is national security. in this case. Furthermore it said: "The mere fact that a person was so disgusted with his "dirty government " to the point of taking his own life. 8. is not mere a sign of disillusionment. like myself. Intrusion upon seclusion. No matter how public a figure he or she may be. write and print his opinions upon any subject whatsoever. Minnesota. National Security The security of community life must be protected against incitement to acts of violence and overthrow by force of orderly government (Near v. there could not be inciting to sedition unless the "words used are used in such circumstances and are of such a nature as to create clear and present danger that they will bring about the substantive evils that the Congress has the right to prevent. then municipal treasurer Isaac Perez uttered "The Filipinos.S. The Dissenting Opinion . or attempt to subvert the government. and d. People of the Philippine (G." It also cautioned: "the courts may not subject an act or utterance to a microscopic examination in an endeavor to find in it germs of seditious purpose. "The greatest threat to press freedom is national security. b. In the same case the court retained that the any citizen has privilege to criticize his government and government officials and to submit as long as it is channeled through a constructive. 600 [1923]). Oscar Espuelas y Mendoza v. concluded that the article was harmless as far as government security was concerned. Gillmore): a. without prior restraint. 238 U. Disclosure of private facts. In prosecutions for sedition utmost caution is called for lest the freedom of expression be impaired. and not through a contemptuous condemnation of the entire government set-up. banging against the Treason and Sedition Law (Act No. Four Major Privacy Actions (Professor Donald M. at 716. Majority opinion held that the letter was scurrilous libel. reasoned or tempered manner." . 06-016): Broadcasters should not intrude into matters which are purely private or personal and have no bearing on the public interest. 733) The same American jurisprudence is instructive in Philippine Supreme Court ruling that "every man shall have a right to speak.7. 2. Persons affected by tragedy or grief shall be treated with respect and discretion." The balance of interest test.R. must use bolos for cutting off (Governor-General) Wood's head…" which resulted to his conviction of sedition. L-2990) involves a ruling of the Court that convicted Espuelas with inciting to sedition for drafting and causing the publication of a photograph deceptively depicting his suicide attached with a fictitious suicide letter to his wife where the government under President Roxas was criticized.. ahead of everything else." Under the Commonwealth In People v. Portrayal in a false light. 292). so always that he does not thereby disturb public peace. the right to invade a person's privacy to disseminate public information does not extend to fictional or novelized representation of a person. No. c. Appropriation for commercial purposes. Perez (45 Phil. it is a clear act to arouse its readers a sense of dissatisfaction.

While Proclamation 1081 was "lifted" eight years after its promulgation. resistance against suppression built up. This resistance peaked when Aquino.2 (65 SCRA 183 546 [1975]) were landmark cases during this period. Military Commission No. Printing press and other media establishments were struck down as in the case of We Forum. 142-B to the Revised Penal code aimed at media. and not to infringe on the freedom of the press. Three months after Marcos declared Martial Law (Proclamation 1081). The first casualty of this statute was Letty Jimenez Magsanoc. feelings. was arrested and detained per Proclamation 1081 which suspended the writ of habeas corpus. The Court ordered the return of the seized properties and the reopening of the padlocked office premises. This was . Jr. Enrile (59 SCRA 183 [1974]) and Aquino Jr. what pervaded between press freedom and national security were issues under international relations. who after having written "There Goes the New Society. The Court did not grant their petition since the assailed proceedings were halted. These circumstances boiled into a massive demand for "alternative press" (special supplements and irreverent tabloids). Jr. Department of Foreign Affairs barred reporters from getting direct access to all DFA officials and personnel to protect national security and other sensitive information being handled by the DFA. Only those that were run by Marcos' relatives and cronies were allowed to continue publishing. During the time of Marcos' dictatorial rule. and from filing libel suits on matters that had been the subject of inquiry by the NIB. Corro petitioned to the Supreme Court to nullify the search warrant issued by Judge Lising. This irked the military which resulted to P1M libel charges against Corro and the Philippine Times was closed down. and persistent subversion posed by the Communist Party of the Philippines". was assassinated. The petitioners were summoned by military authorities and subjected them to sustained interrogation on various aspects of their works. systematic. This case provides a clear and solid proof that national security limits press freedom. However. In Corro v. Under the Marcos Regime In the case of Babst v. All these cases were petitions for habeas corpus where petitioner Aquino. beliefs. The Court upheld Marcos Proclamation 1081. thus permitting the arrest of individuals without warrant of arrest. PD 1834 escalated the penalties for crimes against public order to death. the Supreme Court ruled that the Anti-Subversion Law "did not violate press freedom and that the government has the right to protect itself against organized. Jr's assassination were published in a story on the Philippine Times under publisher Rommel Corro. National Intelligence Board (132 SCRA 316) Arlene Babsts and other media practitioners brought an action to the Court seeking to prohibit the NIB from issuing subpoenas to petitioners and interrogating them. press and privacy. Cases on National Security After 1986 No case on press freedom and national security tantamount to the cases tackled under the era of martial law occurred during this time. From the time of Magsanoc to the barring of WeForum. most of those who were arrested and detained were from the media industry. was forced to resign. The Court favored Corro's petition. associations and even their private lives. v. Lising (132 SCRA 316). Welcome the New Republic".Aquino. PD 1834 which was added Art. Jr. v. pointing out that the requirement of probable cause for issuing a warrant was not satisfied. sentiments. But nevertheless. Justice Abad Santos condemned the interrogations for being violative of the freedoms of speech. Speculations on the involvement of high government and military officials in Aquino. editor of Panorama.

The series of kidnappings in the country's southern parts and the media's coverage of the events has led PGMA to appeal a media block out to these events. 2. Avoid sensationalism and put the events you report in proper perspective. Report the events soberly and factually. Rebellion." (Chavez v. retired law professor. Rumors of a coup aiming at impeding the proclamation of winners moved PGMA to threaten to file charges of sedition against people plotting to stop the proclamation. 05-014 to all members of regarding reporting on terrorist activities in view of the new round of terrorist bombings: 1. Abu Sayyaf since "that is what makes them braver". insisted that Poe won the elections after PGMA emerged as winner. Jr. KBP issued Circular No. 091-00 which presented guidelines in covering news in Sulu and other conflict areas. et. GMA-7 reporter of "abetting rebellion" after having an exclusive interview with Sen. Terrorism. Sedition. 299 SCRA 744) National Security Issues 1. where Honasan was allegedly the mastermind. Koalisyon ng Nagkakaisang Pilipino (KNP) led by Fernando Poe. 4. Invitations for on-site coverage by extremist groups should be turned down. during the Estrada administration. On February 15. filed a case against the Philippine Daily Inquirer for allegedly degrading the presidency. . 130716. Stations shall not allow themselves to be used for propaganda by extremist groups. 2. illegal wire tapping and in kidnap for ransom. PCGG. 2. His 22-page complaint alleged the PDI abused its power "under the guise of press freedom by engaging in partisan journalism and had used it as a weapon of political vendetta and terrorism. these allegations against the senator was a threat to national security. 2005. except when government offices are involved. Negotiations should be left to proper authorities. 3. KBP Guidelines for News Coverage of Incidents Invoking Extremist Groups 1. In 2003. PGMA berated and accused Tina Panganiban-Perez. Al [GR No." Fernandez claimed that the articles PDI circulated distracted the President from delivering his functions and maligned not only the man but his office. The following circumstances illustrates that could bring about charges to sedition. Live on-air interviews with representatives of such groups should be avoided in the interest of responsible journalism. In 2001. diplomatic and other national security matters. 4. In 2004 national elections. Gringo Honasan who went hiding in the midst of the Proclamation 427 which declared a state of rebellion in the country which was spurred by the controversial Oakwood Mutiny. a senate inquiry into the alleged involvement of Senator Panfilo Lacson in the drug trafficking. Perfecto Fernandez. "There is a governmental privilege against public disclosure with respect to state secrets regarding military. money laundering. 3. The Drug Menace. KBP's response was Circular No. post martial law.shortly after the press reported the mauling of Filipino by a s Saudi policeman in Saudi Arabia and the roundup of Filipino workers in Malaysia. Observe balance in your reports at all times. The duty of media is to report the news. This elicited various opinions from the media sector but one thing was certain. PGMA begged the media to stop the giving coverage to terrorist group.

171396 may 3. 3. By virtue of Proclamation No. the Tribune offices were searched without warrant. the liability to make full compensation for damages done (Worcester c. 2006) consolidated seven cases alleging that in PP 1017. 42 [1912]) The purpose of libel laws is to encourage victims to civil suit instead of taking the law into their own hands (U. 33 Phil. Criminal and Civil Aspects of Libel Law In sum. 2006) consolidated three cases where all the petitioners assailed Batas Pambansa No. a law enforcement contingent under the command of a responsible police officer may be detailed and stationed at least 100 meters away from the area of activity to ensure public safety. no rally" policy and the CPR announced. "Maximum Tolerance" means the highest degree of restraint that the military. Ermita.al v. 1017. 169838. Randolf David. Libel The law recognizes the value of such reputation and imposes upon him who attacks it. which is just a statement that synonymous to the "maximum tolerance" cited in already existing BP880. April 25. Calibrated Preemptive Response or CPR and the Public Assembly Act (BP 880). However. The law enforcers shall observe "maximum tolerance" in performing their duties. Bayan et." The Court held that BP 880 is constitutionally grounded. v Sotto. interviews. 1017. Calibrated Preemptive Response (CPR) states that unlawful mass actions will be dispersed. especially freedom of expression and freedom of assembly. The Court held that PP1017 is constitutional. 6. Guard against airing speeches. police and other peace keeping authorities shall observe during a public assembly or in the dispersal of the same. 666 [1918]). David. They sought to stop violent dispersals of rallies under the "no permit. and other material which will openly advocate the overthrow of government by force or violence or which serve the purposes of terrorist groups.al." .5. Although the law prohibits law enforcement agencies from interfering with the holding of a public assembly. it ruled the struck down of CPR as it "has no place in our legal firmament and must be struck down as it confuses our people and is used by some police agents to justify abuses. the dispersal of rally and warrantless arrest were also served to KMU and NAFLU-KMU members. that a written permit shall be required for any person or persons to organize and hold a public assembly in a public place. standards on media or any prior restraint were also imposed on the press. However. Ocampo 22 Phil. the law and jurisprudence. the Court reiterated: "its basic policy of upholding the fundamental rights of our people. PGMA declared the country in a state of national emergency. among others. 880 (Public Assembly Act) and the Calibrated Preemptive Response. BP 880 provides. et al. Ronald Llamas were arrested without warrant. not even by the valid provisions of PP 1017. 3. et. It is for the benefit of the rallyist and not the government. Proclamation No. v. (GR No. by slanderous words or by libelous publication. Gloria Macapagal-Arroyo (GR No. however. Do not unnecessarily create panic and alarm. the Court also held that the actions imposed on the petitioners are not authorized by the Constitution.S. PGMA committed a grave abuse of discretion and therefore petitioned that PP1017 be void for being unconstitutional. no permit is required when the public assembly shall be done or made in a freedom park duly established by law or ordinance or in private property.

CA 37 OG 1783). 595). Malicious 4. truly rather to be chosen rather than great riches. May 4. . 118757 & 121571. (GR Nos. but merely to injure the reputation of the person defamed. Nicholls [1845]. Defamatory allegation 2. The plaintiff must bring home to the defendant the existence of malice as the true motive of his conduct. there is no publication of it. ommission.A. (US v. 1980. Bustos (37 Phils. 3rd ed.. 310 in Borjal p 28. 266 in US v. Cañete 38 Phil 253 [1918]) • Implies an intention to do ulterior or justifiable harm (Id. discredit. Gomez (GR No." People v. to make known to people in general. money damages are awarded to the injured person". 2004) cites the four element that would establish libel: 1. 1948) as cited in Lopez v. Imputation must be made publicly 3. Andrada. it is not a requisite that the victim be named in a publication. Inc. or purpose to injure (U. 345. Where malice in fact is present. • • Civil Aspect: "Since reputation is a thing of value. October 19. Del 2 Har. Intermediate Appellate Court (142 SCRA 171 [1986]): "libel can be committed only against individual reputation" • Borjal v. 309. To redress this personal wrong.shown by proof of ill will. Montalvo 29 Phil. cited in Borjal v.A person prosecuted and found guilty of libel. (Lu Chu Sing v. v. CA 301 SCRA 1 [1999]) • Malice is bad faith or bad motive (Potts v. and hence is of peculiar moment to the state as to the guardian of the public peace. (241 SCRA 51 [1995]): if the statement is sent straight to the person whom it is written. status or circumstance 2. June 25. or one who is dead 5.. C. justifiable motives cannot exist and the imputations become actionable. Court of Appeals et. Lu Tiong Gui 76 Phils 676 [1946]). 70 OG 2321. • "to make public. Tend to cause dishonor. (White v.S. Libel deprives a person of his good reputation. or any act. (Hale's law of the Press. Malice • What is malice? It is the essence of the crime of libel (Rice v.) • The fact that the offender is prompted by personal ill-will or spite and speaks not in response to duty. Imputation of a crime. or both. to bring before the public" • Orfanel v. Element of Defamation 1. al. 3. People (30 SCRA 819[1969]): writing a letter to another person defamed is sufficient to constitute publication. an impairment of it is a personal wrong. v. or vice or defect (real or imaginary). Simmons. he or she may suffer imprisonment (criminal liability) or be required to pay a fine (civil liability). neither is it sufficient that the offended party recognized himself. (People v. • Alonzo v. 132 Fed. Dies. 1981) and Roberto Brillante v. it is granted in view of the grossness of the imputation. "publication of defamatory statements tends strongly to induce breach of the peace by the person defamed. 3 How. Court of Appeals (34 SCRA 122 [1970]). 1st sentence). or contempt or the person defamed Criminal case: in the same case above. 4. condition. 734. CA (301 SCRA 1. 32815.presumed to exist from the defamatory imputation and proof is not required (Art. Identifiabilty • Newsweek. 731 [1918]) • Malice in law -. Directed at a natural juridical person. Publication. 735) • Malice in fact -. 20 [1999]): "a third person can identify him (the person attacked or defamed) as the object of the libelous publication".

354 in the case and cited that the defendants presented the plaintiff in a far worse light than she in fact was. Accordingly the defamatory imputations contained in the article were "presumed to be malicious". moral or social duty. stockholder and treasurer of Philippine International Life Insurance Company sent a letter to the . in that. Bustos [1918]) Novicio v.Presumption of Malice Art. the defendant has to prove that there is no malice. On the other hand. 411) Thus.. it has to be considered that the fact that a communication is privileged does not mean it is not actionable. (5 SCRA 148 [1962]) the defendants maintained that their alleged malice in publishing the news item in question had not been established by the plaintiff." Simply. provided such statements and/or utterances are relevant and pertinent to the issues and questions at hand.S. National Bank of Commerce. Falsehood an probable cause will amount to proof of malice (White vs.communications that which although containing defamatory imputations. Aggabao (GR No. But the Court held Art. in Borjal). 2. even if its author acted in bad faith. report or speech delivered in said proceedings • Any other act performed by public officers in the exercise of their functions 3. 141332. "Commentaries on matters of public interest are likewise privileged". Privilege destroys presumption. Bustos. of • any judicial. this is malice in law. Private communication in performance of any legal. Nicholls [1845]. and/or it was published with good intention and that there was justifiable motive for making it. December 11. This covers a) statements made by members of the Congress in discharge of their official functions. (Lu Chu Sing v. In Policarpio v. without any comments or remarks. 'which looks to the free and unfettered administration of justice. Tacoma [1899].a communication that is not actionable. There are two types of privilege communication: 1. b) official communications allegations or statements made by parties or their counsel in their pleadings or motions or during the hearing of judicial proceedings. 37 Phil 743 [1918]). 345 (RPC) states that "every defamatory imputation is presumed to be malicious. as an incidental result. 2. Actual libel must be proven. legislative or other official proceedings which are not of confidential nature • any statement. the plaintiff doesn’t have to prove that there was malice on the part of the defendant. would not be actionable unless made with malice and bad faith (US v. the offended party must show the libelous statements to "have been written or published with the knowledge that they are false or in reckless disregard of whether they are false or not" (376 US 254. Manila Time Publishing Co. Lu Tiong Gui [76 Phils. 676 [1946]). The onus of proving malice then lies on the plaintiff.. made in good faith. The doctrine of privileged communication rests upon public policy. Malice is not presumed in privilege communications In instances of privileged communication. Conditionally or qualified privilege .. 175 US. though. Absolute privilege . Novicio. 266 cited in U. Privilege Communication wherein malice is not presumed: 1. in order to be acquitted." (Abbott v. claiming that the report is not a fair and true report. even if it be true. the defamatory imputation is true. malice in fact must be proven to convict the accused on a charge of libel. Inc. it only does away with the presumption of malice which has to be proven by the plaintiff. Fair and true report. 3 How. it may in some instances afford an immunity to the evil-disposed and malignant slanderer. 2003) is a clear example of qualified privileged communication. 409.

comment which is true. January 17. et. annotated some of its provisions in said case: • Public affairs program shall present public issues free from personal bias. p3694) Baguio Midland Courier (BMC) v. The Court maintained that the broadcasts are not privilege and they were libelous per se. commentators of radio morning radio program aired under DZRC-AM under FBNI. Doctrines related to Privileged Communication 1. The trial court denied the motion. sued Novicio for libel. 141994. (GR No. In case of Filipinas Broadcasting Network (FBNI) v. as long as it may be inferred from the facts. The commentators relied on the words of the students "because they were many and not because there is proof that what they were saying is true" where they could have had leveraged the veracity of the facts of the information they broadcasted to prove that they acted in good faith. based on established facts. The Supreme Court held that the facts alleged in the information did not constitute libel on the basis that only one element of libel was justified: identification. November 25. Ago Medical and Educ. al. Mayoralty candidate. Velasco." (Borjal v. Aggabao. express the real opinion of the author. public issues and commentary programs so that they conform to the provisions and standards of this code. Law. then it is immaterial that the opinion happens to be mistaken. Art. 107566. the station shall strive to present balanced discussion of issues… • The stations shall be responsible at all times in the supervision of public affairs. Novicio moved to quash the information alleging that the facts therein did not constitute libel. citing People v. Novicio filed a petition for certiorari in the Court of Appeals.company's depository banks informing them that several stockholders of the company had been restrained by the Court of Appeals (CA) from exercising their rights as shareholders. Jr. Center-Bicol Christian College of Medicine (AMEC). such opinion having been formed with a reasonable degree of care and on reasonable grounds (Steph. cognizant of the Radio Code of the KBP. The Court. or which. The Supreme Court held that defamatory imputation is presumed malicious and that Rima and Alegre. which was included in Novicio's notice. (GR No. if false. Labo filed a civil action for libel against BMC which published a series of article that dealt with the candidates for the . Dig. Doctrine of fair comment -. • It shall be the responsibility of the newscaster. 2004) invoked the petitioner's claim to this doctrine. CA (301 SCRA 21 [1999]. failed to show adequately their good intention and justifiable motive in airing such commentaries. 274) "If a comment is an expression of opinion. commentator. But the failure to establish the existence of malice weighed the greatest since the letter in consideration was viewed as qualified privilege (it was Novicio's duty to inform the banks in which the company maintained its corporate accounts of the CA's resolution and corresponding change of bank signatories). 40 OG. host and announcer to protect public interests. 18. after commenting on student gripes against AMEC. Court of Appeals and Ramon Labo. No. 20050 the court debunked the appeal of the petitioners of qualified privilege communication. prejudice and inaccurate and misleading information…Furthermore. Cr. general welfare and good order in the presentation of public affairs and public issues.

not personal or family standards -. 1909]) In cases where truth may be given in evidence. In Vasquez v. October 25. The Court held the acquittal of Vasquez. Sedano [GR No L-4998. v Noel [167 SCRA 255. 141994. the presumption that the article was of malicious character was lifted. various elective positions in Baguio city in a column." (US v. By virtue of fair comment . (1988)]) "The privilege of neutral reportage applies where the defamed person is a public figure who is involved in an existing controversy. who wrote an article denouncing Olmendo for allegedly conniving with some officials of the National PROOF OF TRUTH Truth is not an element in libel. The Court held : The effect would be have been adverse to the private respondent but public interest in this case far outweighs the interest of private respondent Labo. is not a defense." (50 Am Jur. (Bulletin Publishing Corp. Center-Bicol Christian College of Medicine. Court of Appeals (314 SCRA 460 GR No. BMC just provided the public information as regards to his financial status. Labo wasn't able to prove actual malice in the articles in question. a Barangay Chairman for misconduct in office. In general. but it must not be expedient to allow false and unfounded allegations of fact. 2. Ago Medical and Educ. The burden of proving actual malice rested on Labo. Neutral reportage. One of the articles featured Labo's inability to pay his debts to doctors and BMC. truth of an information. In cases of privilege communication. it should be supported that such was published with good motives and for justifiable ends. It is to community standards -. 2d. January 17.Thus applying the principle of privilege communication. The records showed proof that Labo incurred a debt until the time the questioned article was published.that a court must refer in evaluating a publication claimed to be defamatory. Truth can also only be admissible when an imputation is directed against a government employee with respect to facts related to the discharge of their official duties. which the petitioners claimed. 2005]) "The interests of society require that immunity should be granted to the discussion of public affairs. Libel and Slander § 313) "A republisher who accurately and disinterestedly reports certain defamatory statements made against public figures is shielded from liability. truth is neither a defense.al. with respect of Labo's indebtedness. as long as it blackens someone's reputation. Pivilege of fair criticism Fair criticism supposes that the everyone is entitled to his own opinion on matters of public interest. who promised to donate millions of his own money to his would be constituents. for the defendants to be acquitted. . and a party to that controversy makes the defamatory statement. regardless of the republisher's subjective awareness of the truth or falsity of the accusation" (Filipinas Broadcasting Network v. et. 118971 [1991]) the issue was the liability of a citizen who denounced Olmendo. and that all acts and matters of a public nature maybe freely published with fitting comments and strictures. 1. [GR No.

US (1964). CA) Fair comment affords legal immunity for the honest expression of opinion on matters of legitimate public interest. Times v." If it is defamatory it is still not actionable if it was published with good motives (Art 361 applied in Alonzo vs. on the basis that Vasquez acted with the right and duty of every citizen to see to it that public duty is discharged fully and well. obscenity is described as "utterly without redeeming social importance" (Roth v.Housing Authority to effect illegal transfer of title of land. Its emphasis is opinion based on fact. This inexact definition is compounded by the . Obscenity While there may be laws that exists to protect the stakeholders of the State from the corrupting and degrading effects of obscenity. 376 US 254) Vaguely defined. Sullivan. the Court held that actual malice must be shown by the public official. CFI. Citing Sullivan. thus Vasquez did not have to prove that he acted with good faith and for justifiable ends. DEFENSES • • • • 4. but it is qualified and may be lost by proof of malice (Mercado v. proving obscenity in actual cases proved to be taxing since there is not clear cut definition of "obscenity" itself. 116 SCRA 93 [1982]) A retraction published to correct a mistake does not wipe out the responsibility arising from the defamatory publication but it mitigate amount of damages (Lopez v. CA) Privilege communication is a defense. US 476 [1957]). US Supreme Court Justice Stewart said "I can't define it.Y." In the case of Jacobellis v. But malice would negate the defense of fair comment (N. which he failed to do so. but I know when I see it. where "one person's obscenity is another person's art.

or lascivious longings. A test that the material be utterly without redeeming social value . 352 (1923)] 2. Memoirs v. The court concluded that there was an abuse in discretion on the part of MTRCB. morbid. This decision was bolstered by the explanation of the Board why the film was rated as such: "scenes were taken in theatre clubs and a good portion of the shots concentrated on some women erotically dancing unclad on stage. which is analogous to the Roth test. Hicklin (LR 3 QB 360 [1868]) in People v. The "redeeming element" was first introduced to Philippine jurisprudence in this case. This test works on the dictum: "whether to the average person. 749 [1957]) where the defendants were prosecuted for performing carnal intercourse for the benefit of paying viewers. Roth Test. The Revised Penal Code punishes but does not define obscenity. longing. MTRCB chairperson during that time being. the dominant theme of the material taken as a whole appeals to prurient interests. In it there was no room for art and it can have no "redeeming" feature. Court of Appeals. "Prurient" using standards meant "itching. A test that the material be patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters 3. Katigbak (137 SCRA 717 [1985]) where producers of the film Kapit sa Patalim filed to the Supreme Court an action against the MTRCB for classifying the film as "For Adults Only". The Court held that the act was obscene. of persons having itching. of desire. [Regina v. and exerting a corrupting influence specially on the youth of the land". Kottinger 45 Phil. MTRCB thru EO 816 uses "contemporary Filipino cultural values" as standard in rating films. Roth test was used in the case of Gonzales v. curiosity." Stirring up a sizzling debate between what is art and what is obscene is the case of People v. or propensity or lewd. the Court furthermore viewed the movie as "nothing but lust and lewdness. these scenes were unfit for young viewers. Suspect material to be judged by the effect of isolated pages upon persons particularly susceptible to prurient appeal or lustful thoughts. 178 SCRA 362 at 373 [1989]). which in view of the producer is an impermissible restraint of artistic expression and a grave abuse of discretion on the part of Maria Kalaw Katigbak. thus Philippine jurisprudence use "tests" in the determining whether something is obscene or not. Pandan y Alova (101 Phil. without regard to the total effect of the entire work."Obviously. Massachusetts (1966) 1. Hicklin test or "Isolated Pages" test. applying contemporary community standards." 3. Statement of Roth Standard 2. US 354 US 589 (1957)] Using the Hicklin test. Another scene on stage depicted the women kissing and caressing as lesbians. [Roth vs. uneasy with desire or longing.divergent and highly relative perceptions of men and women (Pita v. but such abuse was not grave enough to grant the petitioner his pleading. 1.

repulsive and immoral passes with time as acceptable and commonplace 4. Other studies have shown that there is a correlation between pornography and deviant sexual and antisocial behaviors. in response to this pressing and alarming circumstances. Increasing tendency to act out. public health or any other public health or any other legitimate public interest. artistic. Presently. Escalation effect . political or scientific value Fr. 3. His last words "There are many Ted Bundies out there" gives a staunch caveat to law makers and officers to act on obscenity and pornography. pornography: • consists in removing real or simulated sexual acts from the intimacy of partners. nudity. The Board also is directed to evaluate films on the . Furthermore. California [413 US 15 (1973)])." Fr. sexual conduct specifically defined by the applicable state law. Addition effect . rougher and more deviant kinds of sexual material to get "high" 3. The genesis of this agency's power and function is promulgated by Article 201 of the Revised Penal Code and Presidential Decree 1986 -. D. Teodoro and Kabatay asserted that it is tantamount to pornography. Thus. Roth test. Freedom of expression may be limited only when it passes the clear and present danger test. this test overthrown Memoirs. and other similar elements. Ph. while PD 1986 created the board.MTRCB has the power to review and censor. without necessarily curtailing the freedom of expression. subject to review by the courts. President Ramos gave a directive to the Board of the MTRCB to use the test in reviewing and classifying materials submitted to it. prior to public exhibition. who postulated a "near universal four factor syndrome" among users of pornography: 1. gave a face to this researches when he confessed that pornography and violence in media brought him to face his death in the electric chair. Gaston clarified that pornography is not a purely personal affair. whereas the classification shall be based on the treatment of theme. the intimate giving of spouses to each other • gravely injures the dignity of its participants. in order to display them deliberately to third parties • offends against chastity because it perverts the conjugal act. spurs the role of the State to protect its stakeholders against these threats in the pursuit and right to maintain a decent society. in a patently offensive way. since each one becomes an object of base pleasure and illicit profit for others This police power is vested in the MTRCB which disposes its parens patriae function (called upon to manifest an attitude of caring for the welfare of the young) and in some instances disallows the public showing or requires deletion of some parts of some films. Section 2354. Miller's test. Ted Bundy. and indecent shows. Whether the work depicts or describes.more explicit. 4. 2. language.the material which was initially regarded as shocking. MTRCB's power is limited to merely a classifying Board. (see above) 2. lack serious literary. Whether the work. according to the Catechism of the Catholic Church.where Art. obscene publications and exhibitions. violence. Desensitization . 1. Gaston explained the progress of pornography into the commission of sexual crimes.wanting and coming back for more. public morals. a convicted rapist and serial killer. Censorship is allowable only under the clearest proof of a clear and present danger of a substantive evil to public safety. "Other people are always affected and hurt. Being the latest test used. (Miller v. 201 of the RPC asserts punishments and penalties for immoral doctrines. taken as a whole. To have a clearer definition of obscenity. drug abuse. His assertions were akin to Victor Cline.

By refusal to obey some lawful order of the court. effective July 1. Some act of disrespect to dignity of the court. so as not to dictate to the applicant particular scenes. American Anzi Kelly who was found guilty for contempt. not on what is imagined. When press freedom is abused effecting the obstruction of the fair administration of justice. requested for a hearing. • Anyone who publishes comments on a sub judice which may obstruct the fair administration of justice may be held for contempt. obstruct. the SC dismissed Judge Santos from service. 265 [1939]).basis of its entirety and base their decisions on what is heard or seen. before a judge. embarrass or influence the courts in administering justice in a pending suit or proceedings 2. and as a gossip-mongering columnist of another local newspaper. Alarcon(65 Phil. Here. as amended. Contempt In re: Jones. or dialogue for deletion or cuts in order for the applicant to avail himself a desired classification. 1997) provides that any improper conduct. Two types of contempt arose from this dissenting opinion: 1. • Free from outside coercion or interference • Independence of judiciary In re Brillantes (42 OG 59 [1946]) midwifed a new judicial approach from the general rule. which has now been adopted as the rule in contempt cases. as editor and legal adviser. The editor was declared in contempt of Court. to impede. or degrade the administration of justice. A publication which tends to impede. Galang v. directly or indirectly. Sub judice • A general term to describe the fact that an issue is before a court its determination. one may be held liable for contempt. tending. 944 [1916]). But pending final decision. uninfluenced by publications and public clamor. Rule 71 Sec. a pending suit. With or without a pending case. . Santos (307 SCRA 582 [1999]) is an example of how in a judge who engages in activities of the press may affect fair administration of justice. adopting the dissenting opinion of Justice Moran in People v. due to acts of unbecoming of a judge by engaging in the publication of a gossip tabloid. tending to interfere with or hamper the orderly proceedings of court What constitutes Fair Administration of Justice? • Parties have a constitutional right to have their causes tried fairly in court by an impartial tribunal. the editorial stated that the said Bar exams were conducted in a farcical manner. 3(d) of the Rules of Court of the Philippines (1997 Rules of Civil Procedure. in any way The first major contempt case was In re Kelly (35 Phil. After the Manila Guardian published an editorial after the case involving the validity of the 1994 Bar exam had terminated. a Manila paper published Kelly's letter. Fair Administration of Justice and Contempt The deletion of scenes was transferred to the applicant thru the mandate of PD 1986. 355 [1907]) contempt is in general must be some act or conduct which tends to interfere with the business of the court: 1. obstruct. The court found that Kelly's letter constituted contempt. a publication which tends to degrade the courts and public confidence in them or that which that bring disrepute to the courts. shots. (9 Phil. 5. 2.

an act of direct contempt of court. sense of fairness and objectivity of the Supreme Court. The court's exercise of the power to punish for contempt has a two-fold aspect: The Court did not sustain Tehankee's appeal. that they insinuate that the Court cannot render a correct and just judgment. The Court ruled that David's statements were not fair or legitimate comments and she cannot invoke free speech to justify her contemptuous act. Court of Appeals. Lessons learned: "Liberty of the press is subordinate to the independence of the judiciary and the proper administration of justice. obstruct or degrade the administration of justice. responsible reporting enhances an accused's right to a fair trial…The press does not simply publish information about trials but guards against the miscarriage of justice by subjecting the police. [249 SCRA 54 (1995)] cites an instance where the Court found that "pervasive publicity is not per se prejudicial to the right of the accused to fair trial". Indirect contempt David countered that she cannot be held guilty of indirect contempt as "mere criticisms or comments on the correctness or wrongness. soundness or unsoundness of the decision of the court in a pending case made in good faith may be tolerated. where Alfaro is the star witness. and at the same time. for 2 murders and 1 frustrated murder. Forum shopping as direct contempt Viva Production v." Prejudicial Publicity. Gadoy presents a judicial guidance on the present state of statutory laws on contempt. People v. Jr. prosecutors. . contended that "publicity given him was massive and overwhelming. Tehankee.People v. Jr." She invoked freedom of speech and of the press. In case of post-litigation publication. to scandalize the court. and that they condition the mind of he people to expect a decision in RREC's favor. Tehankee. and prejudicial as to effective deny him of his right to impartial trial. Jr. Webb (269 SCRA 664 [1997]) is an example of direct contempt of court. The trial court convicted accused Claudio Tehankee. there may be contempt of court when: 1. which includes a possible criminal prosecution and disciplinary action against the erring lawyers. Regina Jimenez-David was found to be in indirect contempt by court after she wrote in her column two separate articles pertaining to the pending cases on Republic Real Estate Corporation (RREC). The Court viewed this as "forum shopping" hence the two cases where dismissed. 2. There is a clear and present danger that the administration of justice would be impeded. Acceptable Criticism so as not to be liable for contempt. and judicial process to extensive public scrutiny and criticism". that they insult the intelligence. RREC contended that David's commentaries on her column tend to impede." In that he blamed the press for his conviction. So long as the critics confine their criticisms to facts and base them on the decisions of the court. 2) Injunction with damages at Makati which issued a Temporary Restraining Order. they commit no contempt no matter how severe the criticisms may be. Respondent Webb filed two cases against Alfaro on the same day at two different courts: 1) Petition for Contempt in Paranaque which issued Cease and Desist Order for the showing of The Jessica Alfaro story which touched on the sub judice case of the Vizconde Massacre. instead it ruled that "their mere exposure to publications and publicity stunts does not per se fatally infect their impartiality…To be sure. or in other words. It tends to bring the court into disrespect. H.

Civil Contempt • Failing to do something ordered by a court in a civil action • It is an offense against the party in whose behalf the violated order is made • Intent is immaterial • Should be instituted by an aggrieved party or someone who has pecuniary interest in the right to be protected 1. an offense against public justice • Intent is a necessary element • State -. Philippine Journalist's Code of Ethics • "I shall scrupulously report and interpret the news taking care not to suppress essential facts nor to distort the truth by improper omission or emphasis. 19 of Civil Code) 3. Right to Private Honor and Reputation • Members of the Judiciary cannot be regarded as having forfeited their right to private honor and reputation. • This right prohibits the reckless disregard of private reputation by publishing or circulating defamatory statements without any bona fide effort to ascertain the truth.real prosecutor • Consists of indirect contempt. any improper conduct tending directly. or indirectly to impede. Criminal contempt • Conduct directed against the dignity and authority of the court. Constitutional Law Norms • Free speech should be balanced against equally important public interests 2. . obstruct or degrade the administration of justice 2. give everyone his due and observe honesty and good faith" (Art. Civil Law • "to act with justice." 4.Norms for the Proper Exercise of Press Freedom (enumerated by the Supreme Court in In re Emil Jurado) 1. I recognize the duty to air the other side and the duty to correct substantive errors promptly. it is an offense against society.

3. and shall properly identify myself as a representative of the press when obtaining any personal interview intended for publication. I shall not let personal motives or interests influence me in the performance of my duties. I shall resort only to fair and honest methods in my efforts to obtain news. 2. THE PHILIPPINE JOURNALIST'S CODE OF ETHICS 2. but is a crime. The journalist should give full disclosure to his subject that he is a reporter and would like to write on what the subject said. • • • 2. Presents. Comments or remarks made by someone who does not know he is being covered by a journalist cannot be reported. I shall fight vigorously for public access to information. Using confidential information one acquired as a journalist in order to promote one's private gains is unethical. The ethical journalist does not bend fact to suit his biases or to please benefactors. Scrupulous news gathering and beat coverage is required. A not-for-attribution comment can be written provided the source is not identified by name or unmistakable designation. Professional confidence is protected if both sides understand the ground rules: A writer cannot write an off-the-record comment or interview. 3. 3. Public officials have a duty to the public to keep their private lives clean. 1. as provided for in the Constitution. • • • The role of the press as fiscalizer of a government and society demands the strictest honesty in its reporting and interpreting of events. Dinner invitations and free tickets may be voluntarily given by sponsoring parties because the journalist-receiver is needed to cover the event and to gather information. I recognize the duty to air the other side and the duty to correct substantive error promptly. Unfair methods of obtaining news are: • Tapping phone conversations in stealthy manner • Tapping phone calls or listening on extensions • Taking photographs with a hidden camera unless a crime is being committed and the persons involved are presumed to be transgressors of the law • Interviewing innocent family members regarding secret activities of the family • Stealing documents from office desks or files (instead of asking them) 5. I shall scrupulously report and interpret the news. privileges must be viewed in relation to the motives of the givers. He gathers all the facts. The duty to air the other side means that the journalist must contact the person or persons against whom accusations are lodged. At the same time. 1. No strings attached. I shall not violate confidential information on material given me in the exercise of my calling.1. If the news subject is not a public official but only a social celebrity. The intent to bribe is obvious and bribe-taking is not only unethical. I shall refrain from writing reports which will adversely affect a private reputation unless the public interest justifies it. nor the consequent obligation upon the reciever. nor shall I accept or offer any present. cash gifts. 2. the demand of public interest should be taken into proportion to his/her relationship with the public. 2. forms a hypothesis. or about parties to whom they owed favors in the past. Ethical journalist tries to weigh the demands of public interest against the right to privacy. The journalist who . 1. Relying exclusively on the telephone or on what fellow reporters say happened at one's beat is irresponsible. 1. Correcting substantive errors is the mark of mature newspapers. Token gifts are presented as a gesture of goodwill without any expectations from the givers. gift or other consideration of a nature which may cast doubt on my professional integrity. photographs and/or documents. taking care not to suppress essential facts nor to distort the truth by omission or improper emphasis. Money in envelops given to journalists cannot be considered gestures of goodwill. verifies it and arrives at an honest interpretation of what happened. 1. A news story or editorial column that fails to present the other side is like a court that does not hear the side of the defense. 4. 4. the effect on the receivers and the effect on society. The journalist must adhere to laws and statutes that protect the privacy of minors and women. Journalist must refrain from writing about close relatives or friends.

1. 11. political conviction. Female journalists who dangle sexual favors to get facts from sources comprise their professional integrity. .e. i. but are expected to have decent footwear. I shall not commit any act of plagiarism. 3. religious belief. 9. The journalist should always dress properly. 1. culture or ethnic origin. Ditto for males with opposite numbers. I shall exercise caution in publishing names if minors and women involved in criminal cases. Journalism is a highly competitive game. general manager. creed. I shall presume person accused of crime of being innocent until proven otherwise. 1. or degrade any person by reason of sex. not sports or beach shoes. invoking the 'conscience clause' when duties imposed on me conflict with the voice of my conscience. 8. The "ambush interview" with the reporter chasing the news source is demeaning to the journalist and should be discouraged. Foul language and dirty gestures are taboo for the journalist. decency should be watchword. 3. I shall not take unfair advantage of a fellow journalist. so that they may not unjustly lose their standing in society. The source of unethical behavior is really the taskmaster. cannot live on his meager income should transfer to a more lucrative job rather than sell his honor for money in an envelope. When in doubt. Photographers and video teams are allowed to wear shirts or vests because of the nature of their equipment. 10. business suits or its equivalent national dress for press conferences or formal interviews.i. I shall accept only such tasks as are compatible with the integrity and dignity of my profession. I shall conduct myself in public or while performing my duties as a journalist in such a manner as to maintain the dignity of my profession. But the line must be drawn between competition and malice..6.e. cast aspersions on. publisher editor. I shall not in any manner ridicule. 2. 7.

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