Communication Media Law & Midterm Reviewer ABCOM221A

Ethics

MASS MEDIA AND THE IMPERATIVE OF LAW AND ETHICS

Law

Law is the overall guiding principle of human conduct. A law is basically a body of principles or rules which are the basis
of a society. Law controls, regulates, enforces and punishes. - Oyakhilomen (2009)

Law is described by various law professionals as the following:

1. A rule of conduct or procedure established by custom, agreement, or authority.

2. A code of principles based on morality, conscience, or nature.
3. A law is a rule of conduct of any organized society, however simple or small, that are enforced by threat of
punishment if they are violated. Modern law has a wide sweep and regulates many branches of conduct.
4. A body of rules of conduct of legal force and effect, prescribed, recognized enforced by controlling authority.

Importance of Law

1. Protection of interests
2. Protection of life, national security, public safety and social welfare
3. Protection of Life
4. National security and public safety
5. Social welfare of state
6. Maintenance of justice and fairness in society
7. Law as an agent of change and transformation

Law is one of the key elements that shape society. The functions of laws are numerous. Law holds the society firm to
save it from falling apart. It therefore implies that if there are any lapses in the law, it has a proportional impact on the
growth and development of society.

Ethics

Ethics is derived from the Greek ethos, meaning “custom,” “usage,” or "character.” It is often thought of as a rational
process applying established principles when two moral obligations collide (Day, 2006).

Ethics is “the liberal arts discipline that appraises voluntary human conduct in so far as it can be judged right or wrong in
reference to determinative principles” (Christians et al, 1998).

Importance of Ethics to the Society:

1. The need for social stability

2. The need for a social hierarchy
3. The need to promote a dynamic socioecology
4. The need to resolve conflicts
5. The need to clarify values.

Law Ethics
Law is imposed by the outer society ethics is self-imposed and self-enforced
Law has a definite effective date ethics has no effective date.
Law can expire or be repealed ethics is continuous
Law has more formal institutions
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Ethics

ethics has less formal institutions for its

formulation and enforcement.

Law is one of the key elements that shape society. The functions of laws are numerous. Law holds society firm to save it
from falling apart. It therefore implies that if there are any lapses in law, it makes a proportional impact in the growth
and development of society.

Ethics is the foundation of morality and law in every society. The culture, civilization, customs and religion of people
determine the values they will regard as ethical and the ones they will see as abominable. It is necessary, if not
mandatory for every society to have a generally accepted level of ethics or standards in order to ensure stability, peace
and progress.

THE PURPOSE OF LAW AND ETHICS IN THE SOCIETY

NATURAL AND MAN-MADE LAWS

1. Natural Laws are the laws of nature, such as the laws of the natural sciences.
a. Universally understood (ex. Killing is bad)
b. Human Nature – innate, instinctive, something humans do unconsciously
c. No effective date
2. Man-made law is law that is made by humans, usually considered in opposition to concepts like natural law or
divine law.
a. Made by men for men
b. Can change within places

Divisions of Man-made laws

1. Civil Law – solves disputes

2. Criminal law – defines doings against the state
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Ethics

Civil Law protects civil or private rights (ex. Law of contracts)

Criminal Law evaluates cases against the state. Defines criminal offenses and specifies punishments for their breaches.
(ex. Felony)

Law of the Land (the 1987 Constitution)

- Differs in states
- Legal term of all laws enforced in a country

Charter Change

- Proposed revision for the 1987 Constitution

The Purpose of Law

1. Regulation of human conduct

2. Reconciliation of the interest of the individual to that of the community
3. Pointing out when interests exist
4. Man owes his dignity to law
5. Law initiates changes in economic, political, social and religious structures.

Note** there is no perfect society (that is why law exists)

1. There may be times when people need to do bad things

2. People may not agree so there must be a common ground
3. Right to be heard
4. Right to be part of the law
5. To follow trends and progress

Law is not made to punish but to create and ensure peace and harmony.

The Essense and Purpose of Ethics

a) Honesty
b) Integrity
c) Promise-keeping
d) Fidelity
e) Fairness
f) Caring for others
g) Respect for others
h) Responsible citizenship
i) Pursuit of excellence
j) Accountability

The Spiral of Silence

- The problem solved by the Law
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Ethics

Ethics – norm
Morality – guilt

Ethics and Morality

Ethics Morality
- External Values - Personal Principles
- May vary between environments - Rarely Change
- Influence you through your profession or group - Individual Reasoning that may be influenced by
- Differs by standards your culture, society, and religion
- Integrity in ethics is upholding your ethical
principles

Regulation of Mass Media

refers to the process by which a range of specific, often legally binding, tools are applied to media systems and
institutions to achieve established policy goals such as pluralism, diversity, competition, and freedom. Media regulation
is enforced by law, rules or procedures and varies across the world. They exist to protect freedom of expression and
media freedom and regulate media markets, ownership, infrastructure and technical standards and, importantly,
protect public interests such as media pluralism and diversity.

MEDIA REGULATION IN THE PHILIPPINES

"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

1. MTRCB (Movie & TV Review and Classification Board)

a. The MTRCB is a quasi-judicial government agency under the Office of the President, which is responsible
for the review and classification of television programs, movies and publicity materials.
b. Does not stop movies/shows but classifies them
c. G/PG/SPG
d. G/PG/R-13/R-16/R-18
2. CMFR (Center for Media Freedom and Responsibility)
a. Addresses one of the critical concerns confronting the Philippines after the People Power. (Feb 1986)
b. Attention to the power to the media and the role of the free press in the development of the Philippine
Democracy.
3. KBP (Kapisanan ng mga Broadcaster ng Pilipinas)
a. Radio and TV Broadcasting
b. Comprising of 150 members *mostly private organizations
c. Elevate the standards of broadcast media, evaluate the standards, promote development
d. KBP Broadcast Code of 2007 (amended in 2011)
Philippine Constitution
1. Article 1 Section 24
a. Communication is after all power
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2. Article 2 Section 7
a. The right of the people to information on matters of public concern shall be recognized.
3. Article 16 Section 11
a. Ownership and management of mass media shall be limited to citizens of the Philippines.

1. Defamation
a. Libel/cyber libel (article 353 of the revised penal code) - written
b. Slander (article 358 of the revised penal code) - spoken

SELF REGULATION

• Refers to the practice of an industry to monitor, regulate, and discipline its members based on a common
approved standard. This practice has gained wide support and has been adopted in several industries
• in the media industry, we have set and organized a set of internal rules that prescribe ethical standards to
govern the practice of their profession.
• By promoting standards, self-regulation helps maintain the media’s credibility with the public. This is particularly
welcome in new democracies, most of which are also new to an independent press. Media self-regulation helps
convince the public that the free media are not irresponsible.
SELF-REGULATION
- the ability to understand and manage your behavior and your reactions to feelings and things happening around
you.
MEDIA REGULATION
- Media regulation is enforced by of law, rules or procedures
KPB KAPISANAN NG MGA BRODKASTER NG PILIPINAS
REGULAR MEMBERS- composed of owners and operators themselves of radio and TV Stations
ASSOCIATE MEMBERS- composed of radio and the TV stations themselves.

The KBP shall be an organization that advances and sustains the highest standards of quality in the broadcast industry
through the exercise of self-regulation or responsible broadcasting

1. I shall scrupulously report and interpret the news, taking care not to suppress essential facts nor to distort the
truth by omission or improper emphasis. I recognize the duty to air the other side and the duty to correct
substantive errors promptly.
2. I shall not violate confidential information on material given to me in the exercise of my calling.
3. I shall resort only to fair and honest methods in my effort to obtain news, photographs and/or documents, and
shall properly identify myself as a representative of the press when obtaining any personal interview intended
for publication.
4. I shall refrain from writing reports which will adversely affect a private reputation unless the public interests
justify it. At the same time, I shall write vigorously for public access to information, as provided for in the
constitution.
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5. I shall not let personal motives or interests influence me in the performance of my duties; nor shall I accept or
offer any present, gift or other consideration of a nature which may cast doubt on my professional integrity.
6. I shall not commit any act of plagiarism.
7. I shall not in any manner ridicule, cast aspersions on or degrade any person by reason of sex, creed, religious
belief, political conviction, cultural and ethnic origin.
8. I shall presume persons accused of crime of being innocent until proven otherwise. I shall exercise caution in
publishing names of minors, and women involved in criminal cases so that they may not unjustly lose their
standing in society.
9. I shall not take unfair advantage of a fellow journalist.
10. I shall accept only such tasks as are compatible with the integrity and dignity of my profession, invoking the
“conscience clause” when duties imposed on me conflict with the voice of my conscience.
11. I shall comport myself in public or while performing my duties as journalist in such manner as to maintain the
dignity of my profession. When in doubt, decency should be my watchword.