P PASSI CITY COLLEGE

City of Passi, Iloilo

SCHOOL OF TEACHER EDUCATION

(ENG 119) Campus Journalism

Module 8:
Press Freedom: Its scope and
Limitations

Module Overview: This module is designed for Education students to expose to the
concept journalism, as well as its definition and attribute are discussed to inform the
learners of its importance.

Module Outcomes:
At the end of the module the students should have;

 familiarized in legal aspects of journalism;

 knowledged of what press freedom is and appreciation of its value;
 recognized the doctrine of fair comment;

Module Content:
 Press Freedom

 Limitations to Press Freedom

 Doctrine of Fair Comment

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 Discussions

Press Freedom: Its Scope and Limitations

Bill of Rights

Section 4, Article III of the 1987 Constitution, or the Bill of Rights, says that "no law
shall be passed abridging the freedom of speech, of expression, or of the press, or the
right of the people peaceably to assemble and petition the government for redress of
grievances."

This provision, which is also found in all Philippines Constitutions since the
country gained independence from the United States in 1946, is patterned after the First
Amendment of the US Constitution in 1791. The First Amendment, which is now
synonymous to freedom of the press or the absence of prior restraint in media, runs
simply: "the Congress shall make no law respecting an establishment or religion, or
prohibiting the free exercise thereof; or abridging the freedom of speech, of the press."

More guarantees on press freedom

The 1987 Constitution reinforces the guarantee on press freedom with another
provision found in Section 7 of the Bill of Rights, which states that "the right of the
people to information on matters of public concern shall be recognized. 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,
shall be afforded the citizen, subject to such limitations as may be provided by law."

Another relevant provision is found in Section 28, Article II, which says "subject
to reasonable conditions prescribed by law, the State adopts and implements a policy of
full disclosure of all its transactions involving public interest." In the same article,

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Section 24 also states that "the State recognizes the vital role of communication and
information in nation building."

Limitations of press freedom

In spite of constitutional guarantees, freedom of the press in a democratic

society, like what we have in the Philippines, has its own limits. There is no absolute
freedom. In fact, the same Bill of Rights, which guarantees freedom of the press, also
provides that "the privacy of communication and correspondence shall be inviolable
except upon lawful order of the court, or when public safety or order requires otherwise
as prescribed by law."

This particular provision presupposes that even if you enjoy freedom of the press,
you cannot pry into the private communication of another person. The State has to
protect other people's rights.

There are at least six limitations to press freedom, namely:

1) Libel as a crime, is defined by the Revised Penal Code as "a public and malicious
imputation of a crime, of a vice or defect, real or imaginary, or any act, omission,
condition, status, or circumstances tending to cause dishonor, discredit or contempt to a
natural or juridical person, or to blacken the memory of one who is dead."

2) Anti-obscenity law. Offenses against decency and customs are penalized under
Article 201 of the Revised Penal Code (as amended by P.D. No. 960). These include
immoral doctrines, obscene publications or exhibitions and indecent shows.
Publications or materials prohibited under this law tend to:

 glorify criminals or condone crimes serve no other purpose except to satisfy the
market of violence, lust or pornography
 offend a race or religion
 abet trafficking in the use of prohibited drugs

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  encourage acts contrary to law, public order, morals, good customs, established
policies, lawful orders, decrees and edicts.

3. Right of privacy. As earlier stated, a person's right to privacy guaranteed by the

Constitution. The Publication or disclosure of by any his private affairs, though not
necessarily libelous, ma cause embarrassment or injure his relations with his fellowmen.
The Civil Code provides that “every person shall respect the dignity, personality, privacy
and peace of mind of his neighbors and other persons.”

Among Prohibited acts are:

 publication or dissemination of letters and other private communication without

the consent the writer or his heirs.
 publication of a picture without the consent of the subject who is not a public
figure, especially if it is done for commercial purposes.

4. Laws on national security. Under Article 138 of the Revised Penal Code, any
person who is found to incite people to sedition or rebellion or commit acts that will
endanger the security and safety of the State shall be penalized. Publications are deemed
seditious when they:

 tend to incite others to sedition

 constitute scurrilous libel against the government or against any of the duly
constituted authorities
 tend to disturb or obstruct any lawful officer in executing the functions of his
office
 tend to instigate others to cabal and meet together for unlawful purposes
 suggest or incite rebellious conspiracies or riots.

The government, however, has relaxed its laws on national security with the repeal of
Republic Act 1700 (also known as the Anti-Subversion Law). A new law, Republic Act
7636, signed by President Fidel V. Ramos on September 23, 1992, legalizes the

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Communist Party of the Philippines giving it political space and allowing it to compete
in the free market of ideas under a democratic society.

5. Contempt of court. Judicial contempt may arise whether a case is pending in court
or not. When a case is pending, the orderly administration of justice is to be protected.
Any improper conduct that tends to directly or indirectly impede, obstruct or degrade
the administration of justice is contempt of court. A publication is liable for contempt if:

 it directly shows tendency to impede the administration of justice

 it is directed toward the court and is not a report of fair comment upon an action
before the court
 it takes place while the case is pending or has not been decided yet.

Another example of contemptuous conduct is the publication of matters declared by the

court as confidential. A proceeding for disbarment of a lawyer or for the investigation of
a judge of a superior court belongs to this category. Reports and comments on these
proceedings, however accurate they are, would constitute contempt.

6. Copyright law. The copyright law is designed to protect intellectual property.

Applications for copyright can be filed with the National Library. Intellectual works that
may be copyrighted are as follows:

 books, including composite of encyclopedic works, manuscripts, directories,

gazettes, and other compilations
 periodicals, including pamphlets
 lectures, sermons, dissertations and other materials prepared for oral delivery
 dramas, or musical compositions
 maps, plans, sketches, charts, drawings, designs
 works of arts, models or designs of works of art

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  reproductions of works of art
 photographs, engravings, lithographs, cinematographic pictures.

Doctrine of Fair Comment

The basis of this comment is the constitutional right of free speech, which assures
the citizen of the fullest freedom to express his views and opinion on public affairs. This
right is basic since it is through public opinion that those who administer the
government are apprised of what the people want.

For as long as the comment is directed against the work or function of an official,
and not to the official himself, there is no injury to his reputation.

For the comment to be considered fair and, therefore, free from any liability, it must be:

1. An intellectual appraisal or evaluation.

2. Founded on facts, o what in the mind of a reasonable man would normally be

accepted as facts.

3. Free from any imputation of sordid or corrupt motives

4. The result of honest opinion

5. Free from malice

6. Upon a subject possessing public interest

Ethics in the Media Profession

The media profession is unique because its practitioners, while being paid for
their work, have the distinct responsibility of serving the public interest through fair and
balanced reporting. There are definitely some "bad eggs" in the media profession but
bodies or institutions like the National Press Club of the Philippines (NPC), the

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Philippine Press Institute (PPI), and the Center for Culture and Mass Media
Foundation, Inc. (CCMMFI) are trying to reform them. In fact, there is a continuing
nationwide lecture series conducted jointly by the NPC and the CCMMFI to promote
ethical standards in the media profession, not only in Metro Manila but also among the
staff of community newspapers.

Envelopmental journalism

This pejorative term was coined because of the penchant of some news sources,
particularly unscrupulous politicians or corrupt officials, to give sums of money placed
in an envelope as "gift” to journalists. The purpose of this "gift" is either

1) to have a story written with a slant in favor of the source; or

2) to have silence a reporter or to keep him from writing about to things, usually
unpalatable, that he knew.

Some unscrupulous news sources do not even place their money in an envelope but
would surreptitiously put it inside the journalist or editor's pocket. One editor of a
leading Manila daily has the habit of leaving his table drawer ajar so that it would be
easy for whoever who wants his press release published to just slip in the P500 or P1000
bill into his drawer. His superiors eventually caught up with this editor and since then
he has been banished to a non-sensitive section in the paper.

Hi-tech corruption

Nowadays, because of the advances in technology, corruption in media has also

become hi-tech. It is not uncommon now for public relations firm to have a list of the
ATM numbers of the top editors of a corrupt media establishment, either in print or
broadcast. Every time this PR outfit sends a press release for publication or for airing in
a radio or television network, all it has to do is to call the editor or the announcer and
tell him that a deposit has already been made in his ATM account. That is an assurance

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that the press release would be published or aired the following day. So, instead of
envelopmental journalism, we now have the ATM journalism.

Shortcomings in media

Admittedly there are some shortcomings in the reporting of events in the Philippines
and they include the following:

1. Shooting from the hip. This is the habit of some reporters or columnists to write
something without first checking the facts or the veracity of the report. Some columnists
often seek refuge on the doctrine of fair comment although his real motive is to malign
other people.

2. Abuse of source-based stories. Some reporters, and even editors, concoct stories
to suit to their pre-conceived ideas or bias using anonymous sources, like "an observer,"
"an analyst," "or an official who requested anonymity." If there is no actual source, or if
the source is only fabricated, this is outright unethical and should not be allowed. A
newspaper editor worth his salt should require the reporter to name the source even if
his name will not be printed. This is to check whether the reporter is just fabricating his
supposed source.

3. Misquotation. It is important for the quotes of an interviewee to be recorded and

published correctly. If you are not sure of the quote, don't write it.

4. Labeling. This is the habit of some journalists to put a label or a tag on persons or
organization. This is no longer plain reporting but editorializing. For example: calling
the Kilusang Mayo Uno as communist, or the administration as American lapdog.

5. Imagined or manufactured stories. News stories should be based on facts or

actual happenings, not imaginary or fictitious events. So, a journalist should stick to
facts.

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Rules to follow

For newspapers, including campus and community newspapers, following are some
rules to follow in order to maintain ethical standards in the profession:

1. Obscenity is against the law. It will not serve your readers unless your publication
is patterned after "Playboy" or "Oui" magazine.

2. Stick to objective and unbiased reports. The newspaper should always remain fair
and accurate if it hopes to gain the readers' confidence.

3. Do not print pictures that will offend the ordinary reader's taste or sensibility.
Examples are photos of decapitated bodies or of nude women who have been
raped. If you have to report about rapes or assaults on women, use them but skip
the lurid details. To protect the victim, she should not be identified nor her photo
published.

4. Do not play around with your stories. Stories should be serious and should not be
vulgar or flippant.

5. A person is always innocent until proven guilty by the court. Call him a suspect
but never a criminal or murderer when the case against him is still being heard.

Responsibilities of a newspaper editor

A newspaper editor should:

1. Use mature and impartial judgment in the public interest at all times.
2. Select, edit, and display news on the basis of its significance and its genuine
usefulness to the public.
3. Edit news affecting public morals with candor and good taste and avoid an
imbalance of sensationalism, preponderantly negative or merely trivial news.

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 4. Accent when possible a reasonable amount of news which illustrates the value of
compassion, self-sacrifice, heroism and patriotism.
5. Clearly define sources of new, and tell the reader when competent sources cannot
be identified.
6. Respect the right of privacy.
7. Instruct your reporters to conduct themselves with dignity and decorum when
interacting with sources.
8. When in doubt, be more inclined to side with the impoverished than to the
wealthy.
9. Be courageous in defending your stand or view point on certain issues.
10. When you criticize be constructive of other people and do just not destroy the
reputation because you have the power of the pen.

*************************END OF DISCUSSION********************

References:
Khan, R.( 2017), Campus Journalism, Anvil Publishing, Inc., Mandaluyong City,
Philippines
Cruz, C. J. (2010), Campus Journalism and School Paper Advising, Rex Book Store, Inc.,
Sampaloc, Manila
Malinao, A. (2005), Campus and Community Journalism Handbook, National Book
Store, Mandaluyong City

**********************End of Module 8****************************

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