You are on page 1of 43

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

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 amended by RA 6968) When is an act considered espionage? 2. 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.000. 117.00) . Being in possesion. approved on October 24. rebellion or insurrection (Art. approved on October 24. insurrection and coup are under command of unknown leader. threat.000. as performed similar acts. by higher reason of the public office he holds. in any manner. of the articles. b. 3. on behalf of the rebels (Note: that person is deemed to be the leader) Reclussion temporal: 1. approved on October 24. any person not in government service who participates. fort. Entering a warship. or in any manner supports. 134. plans. Insurrection and Coup d'etat (Art. anybody of land.1. strategy or stealth • Directly against duly constituted authorities of the Republic of the Philippines. or any military camp or installation. any person merely participating or executing the commands of others in a rebellion. 136. b. 2. any person who promotes. 1990) Penalties: a. Rebellion/Insurrection (Art. finances. any person in the government service who participates. communication network. maintains. If rebellion. 135. 1990) • • • Reclussion perpetua: a. or executes directions or commands of others in undertaking a coup d'etat Conspiracy and proposal to commit coup d'etat. or other data (confidential in nature) relative to defense of Philippine archipelago -. as amended by RA 6968. any person who in fact directed the others. heads rebellion or insurrection. belonging to the military or police or holding any public office of employment.1990) • Penalty: • Coup d'etat: prision mayor (in minimum period) + fine (not exceeding Php 8. Prision mayor (in its maximum period): 1. territory. Any person who. 134-A. directs or commands others to undertake a coup d'etat c. abets or aids in undertaking a coup d'etat. intimidation. data or information referred to in the preceeding paragraph. photographs. Penalty elevated to higher degree when offender is public officer or employee a.without AUTHORITY. discloses their contents to a representative of a foreign nation. as amended by RA 6968. approved on October 24. spoke for them. Coup d'etat (Art. as amended by RA 6968. signed receipts and other documents issued in their name. as amended by RA 6968. with or without civilian support or participation • Purpose of attack: seizing or diminishing state power Penalty for Rebellion. prision correccional (six months and one day to twelve years) b. Espionage (Art. 1990) How committed? • rising publicly and taking arms against the Government for purpose: • removing allegiance to Government and its laws.00) • Rebellion/Insurrection: prision correccional (in medium period) + fine (not exceeding Php 2. or naval or military establishment or reservation to obtain any information.

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

00) Inciting to sedition persons prision correccional (maximum period) + fine (not exceeding Php 5. any statement. if no good intention and justifiable motive for making it shown. Any other act performed by public officers in the exercise of their functions . utterances or speeches shall encourage disobedience to the law or to the constituted authorities or praise. condition.00) Requirement by publicity. or before they have been published officially. made in good faith. or to blacken the memory of one who is dead. or which are classified as anonymous.A crime Against Honor Definition: a public and malicious imputation of a crime. pamphlets. or by words. report or speech delivered in said proceedings 3. or of a vice or defect.Leader of sedition Other participating Conspiracy to commit Prision correccional (medium period) + sedition fine (not exceeding Php 2. or contempt of a natural or juridical person. 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. or leaflets which do not bear the real printer's name. or cause damage to the interest or credit of the State .00) prision mayor (minimum period) + fine (not exceeding Php 10.00) Prision correccional (maximum period) + fine (not exceeding Php 2. • By the same means. discredit. except in the following cases: • Private communication in performance of any legal. published. real or imaginary. omission. even if it be true. or distributing or causing to be printed. • Fair and true report.00) Libel . 000. moral or social duty. (Article 354) Every defamatory imputation is presumed to be malicious. lithography. or any act. or • Printing.000. 154) How committed? • By means of printing. without any comments or remarks. • Maliciously publishing or causing to be published any official resolution or document without proper authority. any judicial. of 1. or circumstance tending to cause the dishonor.000. 000. (Article 353) 5. legislative or other official proceedings which are not of confidential nature 2. periodicals. publishing. Unlawful use of means of publication and unlawful utterances (Art. status. justify. or distributed books.000. Penalties: • Arresto mayor + fine (ranging Php 200 to Php 1. or extol any act punished by law.

discredit or contempt upon another person.000. [NOTE: the principle of Respondeat superior also applies in these cases. 354.00 • • Proof of Truth. 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. 356] Slander [Art.00 • • Arresto mayor Php Php 200. 355] Threatening to publish and offer to prevent such publication for compensation [Art. as well as the editor or managing editor from criminal liability. This liability is also shared with editor or business managers of daily news papers. or other member of the family of the latter.00 to Php 1. magazines or serial publications to the "same extent as if he were the author thereof".00 to Php 2. 359] • • • • • • • • Imposed upon who threatens another to publish a libel concerning him or the parents. shall not exempt the author thereof. the defendant is acquitted. • 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 200.00 to Php 6. if made with MALICE.00 • . child.00 Serious offense: arresto mayor (maximum) to prission correccional ( minimum) or fine ranging fom Php 200.] Any person who perform any act not included and punished in this tide. which shall cast dishonor. the author or editor of a book or pamphlets is held liable for defamation.00 Not so serious: arresto menor or fine not exceeding Php 200. Libelous remarks or comments connected with the matter privileged under provisions of Art.000. spouse.000. 358] Slander by deed [Art. When it appears that the matter charged as libelous is true and it was with good motives and justifiable ends.Libel by means of writings or similar means [Art.

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

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

sermons. Audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audio-visual recordings 13. plans. to the supervision and regulations by the Comelec (Sec. 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. 2. Section 6. including works produced by a process analogous to photography. Computer programs 15. The promulgation of The Intellectual Property Code on January 1998. Orderly. 8. maps. 11. repealed the Textbook Reprinting Law. Textbook Reprinting Law Repealed. and Credible Elections Through Fair Election Practices" 1. IPC) c. LAWS AND CODES FOR THE PRINT INDUSTRY 1. and other works of applied art. 9. The price of these books were proved to be exorbitant and detrimental to the national interest. articles and other writings 2.1. engraving. Other literary. is subject to the guidelines of Comelec. lantern slides 12. Letters 5.Coverage of the Copyright Law (Sec. consistent with its duty to air the both sides of the story and the duty to correct substantive errors promptly. architecture or science 10. Books. this law is in conflict with the Intellectual Property (IP) Law (PD 49). Original ornamental designs or models for articles of manufacture. sculpture. pamphlets. Periodicals and newspapers 3. addresses. Peaceful. 1973) . .(September 27. 3 RA 9006) This act also provides that all registered parties and "bona fide" candidates shall have equal access to media time and space. lithography or other work of art. This provision. Publication of Judicial Notes (PD 1079) as amended by PD 1971. topography. 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. Drawings or plastic works of a scientific or technical character. 1974) and PD 1203 .later amended by PD 400 (March 1. architecture. 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. choreographic works or entertainment in dumb shows 6. with or without words 7. charts and three-dimensional works relative to geography. Works of drawing painting. Honest. whether or not registrable as an industrial design. 2. Musical compositions. Fair Election Act (RA 9006) "An Act to Enhance the Holding of Free. scholarly. Pictorial illustrations and advertisements 14. however. and 3. which infringes on foreign copyright holders due to international IP laws. Lectures. the limitation on the authorized expenses of candidates and political parties. This act also cautions media men. sketches.5 of the same act provided further that the media is accountable to fair reporting and interpretation of the news. whether of domestic or foreign origin. Illustrations. dissertations prepared for oral delivery. whether or not reduced in writing or other material form 4. models or designs for work of art.172. Photographic works. observance of truth in advertising. to be careful not to suppress essential facts nor to distort the truth by omission or improper emphasis. PD 285 (September 3. Dramatic or dramatico-musical compositions.

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

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

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

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

or otherwise defile. 5. Tobacco Act Regulation of 2003 (RA 9211). portray or depict scenes where the actual use of. 4. as well as individual team athletes. It also recognizes electronic documents and puts manual and digital signatures on equal footing. and public issue advertisements and announcements. except where these involve or seek to promote commercial transactions."New Media". ADBOARD Code of Ethics.e. The number one purpose of this is to promote truthful and informative advertising for the benefit of consumers and the public in general. plants or other subjects. or the act of using. artists or performers where the said entities are required or involved in promoting or advertising any tobacco products are prohibited. 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. Billboards." (Dr. 6. even by nonmembers. and radio beginning January 1. approved June 14. 2007. It exerts all efforts to obtain voluntary compliance with its rules and regulation. contain cartoon characters or subjects that depict humans or animals with comically exaggerated features or that attribute human or unnatural characteristics to animals. puffing or lighting cigarettes or other tobacco products is presented to public • The law also bans all tobacco advertising on (1) television. 2007. feature a celebrity or contain an endorsement. RA 8792 provides for the recognition and use of electronic commercial and noncommercial transactions.electronically-based media. show. distract or obstruct the view of the public as to constitute a traffic hazard. those who use cyberspace can be regulated. It allows the admissibility of electronic documents by courts. 2008. and (3) all other forms of tobacco advertising in mass media beginning July 1. i. the most significant law pertaining to the use of internet is the Electronic Commerce Act (RA 8792. World Wide Web 4." • 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. except tobacco advertisements placed inside the premises of point-of-sale establishments. which was swiftly enacted as a response to the damages and crippling effects caused by a Filipinowritten virus "Love Bug" or "iloveyou virus"." • Advertisements shall not: 1. 2. penalties for unlawful use and other purposes. Ang Peng Hwa) • In the Philippines. Internet. political. The Code does not apply to: (1) public service and emergency announcements of utility companies." LAWS AFFECTING THE NEW MEDIA 1. (2) religious. be aimed at or particularly appeal to persons under 18y/o. 3. debase or offend aesthetic and cultural values and traditions. laws apply to people. (2) cinema and outdoor advertising beginning on July 1. and (3) standard transport announcements. 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. media and advertising support groups. It covers advertisers. implied or express by a celebrity. classified ads and obituaries. • Point-of-sale establishments offering. advertising agencies. concert. sets in place . • Sponsorship by tobacco companies to sport. 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. 2000). cultural or art events. And to the extent that people can be regulated. cable television.

the ability of different network platforms to carry any kind of service and the coming together of consumer devices such as. but not limited to. and other electronic forms of communication the evidence of which is not recorded or retained. offensive and false messages. • Convergence. referred to as "cybercrimes".from a household gadget to a mechanism to oust a President and a elect a new government. Acts passed by Congress. Department Orders issued by the DOTC and Memorandum Circulars issued by the NTC. libelous. using digital and other emerging technologies. • Regulating Text Messaging. i. text messages. Rule 11. the National Telecommunications Commission signed a Memorandum of Understanding with leading mobile phone providers (Globe. television and personal computer.of E-government and penalizes acts. voice and data. . 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".) to regulate SMS (short message sending). • Text as evidence. the telephone." Furthermore. Cellular Phones (Cellphones/Mobile Phones) and Text Messaging • Text messaging has played an important role in the average Filipino's life . the coming together of two or more disparate disciplines or technologies.spreading obscene. 2. 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. Presidential Issuances. cracking or hacking. Sec. etc." Laws affecting convergence are the 1987 Constitution. 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. Due to irresponsible use of use of text .e. Smart.

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

publication and distribution of We Forum and Metropolitan Mail were seized thru the directive of search warrants issued on December 7. where the Chicago ordinance requiring films to be submitted and viewed by a board of censors prior to public exhibitions was held as constitutional.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. Sr. whereas. AFP [133 SCRA 800 (1984)]. a mere tendency was enough. 386 (1957)]. it was not necessary for him to actually create evil. The case cites exceptions to the ban on prior restraint like: 1.43 (1961)]. 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. 2. producer of "The Four Day Revolution" on the 1986 People Power Revolution. Minessota [283 U. Ayer Productions Pty. Primary requirements of decency (protection against obscene publications). City of Chicago [365 U. v. to "cease and desist from filming and producing" the mini series. v. security of community life (protection against incitement of acts of violence and the overthrow by force of orderly government). Office and printing machines. Freedom from Subsequent Punishment The Near case is the landmark case pertaining to this matter. Judge Capulong of the Makati Regional Trial Court issued a writ of preliminary injunction against Ayer Productions.S. All that is required. for speech to be punishable is that there be a rational connection between the speech and the evil apprehended. Prior Restraint. paraphernalia. such closure is in nature of previous restraint or censorship abhorrent to the freedom of the press. 1. Perez [45 Phil.2. There could be constitutional as well as unconstitutional prior restraint as seen in the case of Times Film Corp. v. The Dangerous Tendency Rule. 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. 599 (1923)]. This is also supported by the case of Near v. it might subsequently be punished if unlawful. 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." Burgos . This means the official government restrictions on the press or other forms of expression in advance of actual publication or dissemination. motor vehicles and various articles used in printing. Forms of Abridgement of Expression: 1. the speech could be punished when it "creates a dangerous tendency which the State has the right to prevent". Where flat license fees for the privilege of selling religious books were found to be objectionable as a form of prior restraint. This resulting to the curtailment of the operations of the printing press. 1982.S." American Bible Society v." Held: Perez was imprisoned for this remarks. equipment. People v. It made clear that while expression is generally protected from prior restraint. Capulong [160 SCRA 861 (1988)]. . after Juan Ponce Enrile filed a complaint alleging the production was a violation of his right to privacy. City of Manila [101 Phil. 2. It has to be taken into consideration that there are permissible form of prior restraint. Chief of Staff. Under this test.

2. Held: these acts create a clear and present danger to national security.S. 97 (1919)]. In the case of Gonzales v. U. The term clear seems to point to a casual connection with the danger of substantive evil arising from the utterance questioned. "…to precisely constitute an exception to freedom of speech and press clause on account of consideration more paramount for general welfare and public interest…" . 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. Fact: Leaflet attacking the Conscription Act of World War I and urging recent conscripts to resist serving in armed forces. 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. It is a question of proximity and degree. but also present. the duty of the Courts is to determine which of the two conflicting interests demands the greater protection under the particular circumstances prevented. The court held the family's right to privacy and declared that the licensing agreement which required compensation to the family was valid. Present refers to the time element. The accused was convicted of violation of the Espionage Act of 1917 for having caused insubordination and obstruction of recruitment services." Schenck v. 3. The test which was first used in the case of Gonzales v. Comelec [27 SCRA 835 (1969)]. The court rejected the argument asserting that the situation in Manila did not justify the Mayor's fears. 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. 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. Comelec [104 SCRA 17 (1981)]. de Gonzales [92 SCRA 476 (1979)]. The danger must not only be probable/but very likely inevitable. free speech as a social value must be weighed against the political process as a social value. Unlike the dangerous tendency doctrine. Lagunzad vs.S. 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. [249 U. Fugoso [80 Phil. 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. Soto Vda. conditional partial abridgement of speech. The Comelec's power to regulate time in broadcast media and space in the papers was balanced against freedom of expression in Unido v. Through Justice Castro said: In determining the validity of the law. the danger must not only be clear. The Balancing of Interest Test. The clear and present danger test was first applied in the case of Primicias v. The Clear and Present Danger Test.

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

2. abstracts. Belmonte: GSIS. • Legaspi v. • Legaspi v. 2. PCGG): 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. DTI refused because investors did not consent to the release of documents. Trade secrets and banking transactions. It is sufficient for him to show that he is a citizen. 3. discharges the same function of service to the people. • Aquino-Sarmiento vs. 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. Criminal matters. CSC: "legitimate concern of citizens to ensure that gov't positions requiring CS eligibility are occupied by person who are eligibles. • Valmonte vs. If public concern is ascertained. 3. "Public concern" is case to case basis. Morato (203 SCRA 515 [1991]): records reflecting the votes taken by the Board of Censors are public records and matter of public concern. 2. Citizens only. in defense. Tuvera ( 146 SCRA 44): need for adequate notice to the public of various laws are to regulate the actions and conduct of citizens. 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. National security matters. 3. . then right to access official records may be exercised. Board of Investments (177 SCRA 374. and 4. Who may assert the Right? Any citizen. • Recognized restrictions: • In 1993: 1. Those affecting national security. 4. Belmonte: public nature of loanable funds of GSIS and public office held by alleged borrowers are clearly a matter of public concern and interest. and 4. military and diplomatic secrets. 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. September 7. Confidential records of different branches of government • In 1998 (Chavez v. • Valmonte vs. Information on investigation of crimes by law enforcement agencies before the prosecution of the accused. 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. the petitioners have the right of access to the public documents. Court held that whether carrying out its sovereign attributes or running some businesses. Confidential information • Almonte v. 2. • Limits of Right: • Valmonte: Constitution does not accord the right to compel custodians of official records to prepare lists. • Garcia v. Rights Guaranteed: 1. Court held that loanable funds of GSIS are of public nature and public office held by alleged borrowers are of public interest and concern. Matters still pending decisions. Privileged information under the separation of powers. Diplomatic correspondence relating to national security and interest.• 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. Thus. Information affecting national security. Access to official records. Vasquez (244 SCRA 286 [1995]): Right to information is not applied to: 1." • Tañada v.

L. to the extent that the investigations aid in legislation. Rozell. legislations are presumed to be matters of public concern. [M. 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 464 and the people's right to information The nulled provisions of EO 464 denies the right of the people to information since.internal deliberations attached to intragovernmental documents E. E. 1069. and from Congress. Publication of statutes that do not directly apply to people in general. the courts and ultimately the public. • 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."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.disclosure may subvert crucial military or diplomatic objectives. • 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. 3. • Administrative Order No. including: 1. 2. . and why this privilege must be respected.O. EO 200 promulgated by Pres. Informer's privilege -. • The Civil Code provides that legislations should be published in the Official Gazette. Information between inter-government agencies prior to the conclusion of treaties and executive agreements. Executive Privilege and the Modern Presidents: In Nixon's Shadow (83 Minn. In line with this. Rev. Military. 4. It the covers all confidential or classified information between the President and the public officers. 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. Generic privilege -. it must assert it and the reasons therefore. Therefore. When the executive branch withholds such information on the ground of this privilege. there are three distinct kinds of considerations in the actuating EP: 1. however. Aquino paved the way for laws to be published alternatively in a newspaper of general circulation in the Philippines. Conversation and correspondence between the president and the public official covered by this EO.• EO 464 (PGMA) . 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. the UPLC created the Office of the National Administrative Register (ONAR) which publishes all these rules and regulations in the National Administrative Register (NAR). 2. Matters affecting national security and public order inquiry (the general power of Congress to obtain information) . 5. State Secrets -. According to Tribe.nondisclosure of the identity of persons who furnish information on violations of law 3. Discussion in closed-door Cabinet meetings. diplomatic and other national security matters which in the interest of national security should not be divulged. from courts. This is the power of the president to withhold certain types of information from the public.

ERMITA (G. AND OF THE PRESS AND TO THE RIGHT OF INFORMATION 1. Republic of the Philippines v. 1888) This is the right of an individual to determine what. 2006) guides us in the light of this matter. Ramas and Elizabeth Dimaano (G. Due process thus requires that the people should have been appraised of this issuance before it was implemented. v. "all laws relate to people in general albeit there are some that do not apply to them directly. it does not follow that the same is exempt from the need for publication. LIMITS TO FREEDOM OF SPEECH. No. OF EXPRESSION. it still requires publication. 104768 July 21. EDUARDO R. The privacy of an individual is protected by the natural law and the Philippine Constitution. Al."When the law does not distinguish do not distinguish" . as to the legality of the search and seizure operations that occurred on her house. Major General Josephus Q. "privacy" is the right to be "let alone". The Right to Privacy. • 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. the term "laws" should refer to all laws and not only to those of general application. 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. the Court held. No. Simply said.R.R. how much and when information about himself shall be disclosed. 60 • • C. is still a matter of public interest. "While EO 464 applies only to officials of the executive branch. privacy means that by no means should it be abolished. Having spurred from the natural law which is immutable and recognized as intuitive. 2003) presents a case where the Court upheld the right of Dimaano to privacy. Tuvera (146 SCRA 44) which shed light on the need for publishing even those statutes that do not directly apply to people in general." Whether the law applies directly to the people in general. Citing the case of Tañada v. (Thomas Cooley. 169777 April 20. The search and seizure was a directive under RA 1379 "The Act for Forfeiture of Unlawfully Acquired Property" to recover alleged ill- . The case of SENATE OF THE PHILIPPINES et. Sandiganbayan. In that. 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. and thus may be question by members of the body politic.

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. b. as protocol. 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. Civil Code." The Anti-Wire Tapping Law (RA 4200) • This law declares that is unlawful to pry in to any private communication. Taking into view the case of People v. However. Before delivering to the Bureau of Posts. 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. personality.against offenders.R. c. Violations against unreasonable search and seizures may only be invoked against the State.gotten wealth the Sandiganbayan clerk-typist amassed. There must exist a probable cause upon which a warrant of arrest or an arrest is made. The Right to Privacy in Private Law and Other Laws 1. This law also recognizes the privacy of letters and other private communication. Privacy of Communication and Correspondence Where there may be a constitutional mandate affording protection to privacy of communications. Jr. Marti. a. It is important to be taken into view that during the time of the search and seizure. 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. Burgos. Otherwise. the information resulting from wire tapping is not admissible as evidence in any court. But. 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. 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. General de Villa (G.action for damages. This law provides that "every person shall respect the dignity. 83988. using technology ranging from wire to cables to complicated devices. Consequently. 1989). Switzerland. . the package was opened for final inspection and was found to contain dried marijuana leaves inside. privacy and peace of mind of his neighbors and other persons". Marti appealed that the evidence should not be admitted by virtue of the privacy clause afforded by the Constitution. Marti was convicted for violation of the Dangerous Drugs Act (RA No. for restraint or other relief . 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. It also punishes such acts of meddling and prying into the privacy of another by imposing actionable torts . 6425). where Marti delivered four giftwrapped packages to Manila Packing and Export Forwarders to be sent to Zurich. September 29. Bill of Rights and Private Individuals • The Bill of Rights is not meant to be invoked against acts of private individuals.

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

Ople v. 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. furthermore. 127685. 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. it held that the extent of the intrusion is reasonably necessary to keep the film a truthful historical account. The case in consideration discusses the invalidation of President Fidel V. Court of Appeals [301 SCRI (1999)]. since the EO only afforded the adoption of a reasonable ID system. 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. 3) when responding to subpoena duces tecum and ad testificandum. The court held the family's right to privacy and declared that the licensing agreement which required compensation to the family was valid. (Profs. 254 [1964]). It was held that the film did not constitute an unlawful intrusion to Enrile's right to privacy. he could be subject of a public comment as cited in Rosenbloom v. 6. producer of "The Four Day Revolution" on the 1986 People Power Revolution. achieve efficiency and reliability. The court ruled that this infirm the Constitutional provisions for privacy as it intrudes the citizenry's protected zones of privacy. Ayer Productions Pty. b. de Gonzales [92 SCRA 476 (1979)]. The DirectorGeneral. (G. or by adopting a profession or calling which gives the public a legitimate interest in his doings.5. insure compatibility. confidentiality. In the case of Kilusang Mayo Uno.S. Ramos (FVR) administrative order "Adoption of a National Computerized Identification Reference System". anonymity of users and provides content control. treatment or care of a person with HIV/AIDS. In the case of Borjal v. 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. Prosser and Keeton). 293 SCRA 141). fame.No. This jurisprudence widen the scope of "public figure". to "cease and desist from filming and producing" the mini series. after Juan Ponce Enrile filed a complaint alleging the production was a violation of his right to privacy. by his accomplishments. et al. Privacy and Public Figures A "public figure" is a person who. Soto Vda. or mode of living. Lagunzad vs. his affairs and his character. Judge Capulong of the Makati Regional Trial Court issued a writ of preliminary injunction against Ayer Productions. NEDA.R. where main issue is the HIV status of the patient. 167798 April 19. E-Commerce Law (RA 8792) and the Implementing Rules and Regulations of the "Electronic Commerce Act" shield the privacy. GMA's EO 420. AO 308 (G. et al. v. c.R. No. has become a "public personage". Metromedia (403 U. The AO gives the power to the government to compile a devastating dossier against unsuspecting citizens. In the . Capulong [160 SCRA 861 (1988)]. since Enrile was a public figure at that time. v. 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. The Court held otherwise on both grounds. Computers and Privacy a.

Minnesota. Appropriation for commercial purposes. Portrayal in a false light.R. then municipal treasurer Isaac Perez uttered "The Filipinos." 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. Privacy applied by KBP (Circular no. 06-016): Broadcasters should not intrude into matters which are purely private or personal and have no bearing on the public interest.. Citing Justice Holmes' criteria for inciting to sedition. in this case. so always that he does not thereby disturb public peace. at 716. or attempt to subvert the government. Disclosure of private facts. "The greatest threat to press freedom is national security. 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. and d. Perez (45 Phil. reasoned or tempered manner. same ruling the Court stated that being a public figure ipso facto does not automatically destroy in toot a person's right to privacy. without prior restraint. 238 U." Under the Commonwealth In People v. People of the Philippine (G. and not through a contemptuous condemnation of the entire government set-up. like myself. 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. b. c. 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. The Dissenting Opinion . Furthermore it said: "The mere fact that a person was so disgusted with his "dirty government " to the point of taking his own life. write and print his opinions upon any subject whatsoever. Intrusion upon seclusion. 8.7. 292). concluded that the article was harmless as far as government security was concerned." The balance of interest test. 600 [1923]). 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." . it is a clear act to arouse its readers a sense of dissatisfaction. is national security. is not mere a sign of disillusionment. Majority opinion held that the letter was scurrilous libel. Four Major Privacy Actions (Professor Donald M. banging against the Treason and Sedition Law (Act No. Persons affected by tragedy or grief shall be treated with respect and discretion. must use bolos for cutting off (Governor-General) Wood's head…" which resulted to his conviction of sedition. 733) The same American jurisprudence is instructive in Philippine Supreme Court ruling that "every man shall have a right to speak.S. 2. the right to invade a person's privacy to disseminate public information does not extend to fictional or novelized representation of a person. ahead of everything else. Gillmore): a. In prosecutions for sedition utmost caution is called for lest the freedom of expression be impaired. Oscar Espuelas y Mendoza v. No matter how public a figure he or she may be. No.

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

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

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

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

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

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

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

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

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

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

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

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

19 of Civil Code) 3.real prosecutor • Consists of indirect contempt. Right to Private Honor and Reputation • Members of the Judiciary cannot be regarded as having forfeited their right to private honor and reputation. 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. it is an offense against society. any improper conduct tending directly.Norms for the Proper Exercise of Press Freedom (enumerated by the Supreme Court in In re Emil Jurado) 1. 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." 4. or indirectly to impede. an offense against public justice • Intent is a necessary element • State -. I recognize the duty to air the other side and the duty to correct substantive errors promptly. Criminal contempt • Conduct directed against the dignity and authority of the court. give everyone his due and observe honesty and good faith" (Art. obstruct or degrade the administration of justice 2. Civil Law • "to act with justice. • This right prohibits the reckless disregard of private reputation by publishing or circulating defamatory statements without any bona fide effort to ascertain the truth. Constitutional Law Norms • Free speech should be balanced against equally important public interests 2. .

THE PHILIPPINE JOURNALIST'S CODE OF ETHICS 2. No strings attached. the effect on the receivers and the effect on society. nor the consequent obligation upon the reciever. 1. Token gifts are presented as a gesture of goodwill without any expectations from the givers. The journalist should give full disclosure to his subject that he is a reporter and would like to write on what the subject said. 1. 2. verifies it and arrives at an honest interpretation of what happened. 2. gift or other consideration of a nature which may cast doubt on my professional integrity. Journalist must refrain from writing about close relatives or friends. I shall not violate confidential information on material given me in the exercise of my calling. I shall fight vigorously for public access to information. and shall properly identify myself as a representative of the press when obtaining any personal interview intended for publication. photographs and/or documents. 3. • • • The role of the press as fiscalizer of a government and society demands the strictest honesty in its reporting and interpreting of events. The journalist must adhere to laws and statutes that protect the privacy of minors and women. Comments or remarks made by someone who does not know he is being covered by a journalist cannot be reported. The ethical journalist does not bend fact to suit his biases or to please benefactors. I shall refrain from writing reports which will adversely affect a private reputation unless the public interest justifies it. 4. I shall resort only to fair and honest methods in my efforts to obtain news. 3. as provided for in the Constitution. A not-for-attribution comment can be written provided the source is not identified by name or unmistakable designation. Public officials have a duty to the public to keep their private lives clean. Relying exclusively on the telephone or on what fellow reporters say happened at one's beat is irresponsible. 1. I shall not let personal motives or interests influence me in the performance of my duties. privileges must be viewed in relation to the motives of the givers. He gathers all the facts. 2. 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. taking care not to suppress essential facts nor to distort the truth by omission or improper emphasis. If the news subject is not a public official but only a social celebrity. 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) 5.1. Professional confidence is protected if both sides understand the ground rules: A writer cannot write an off-the-record comment or interview. nor shall I accept or offer any present. Presents. the demand of public interest should be taken into proportion to his/her relationship with the public. 1. 3. I recognize the duty to air the other side and the duty to correct substantive error promptly. Money in envelops given to journalists cannot be considered gestures of goodwill. but is a crime. Using confidential information one acquired as a journalist in order to promote one's private gains is unethical. forms a hypothesis. cash gifts. Ethical journalist tries to weigh the demands of public interest against the right to privacy. At the same time. or about parties to whom they owed favors in the past. The journalist who . • • • 2. I shall scrupulously report and interpret the news. The duty to air the other side means that the journalist must contact the person or persons against whom accusations are lodged. 1. Correcting substantive errors is the mark of mature newspapers. The intent to bribe is obvious and bribe-taking is not only unethical. Scrupulous news gathering and beat coverage is required. 4. 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.

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