PRESS FREEDOMS AND LIMITATIONS
The right to publish newspapers, magazines, and other printed matter without
governmental restriction and subject only to the laws of libel, obscenity, sedition, etc.
a. CONSTITUTIONAL GUARANTEES
Guaranteed under the Philippine Constitution since it’s independence from US in 1946.
The 1987 Constitution’s Article III, Section IV calls this as the Bill of Rights.
“ 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”
Loosely based from the 1791 Us Constitution’s First Amendment Rights which is today
synonymous to Freedom of the Press or the absence of prior restraint in media.
“The Congress shall make no law respecting an establishment or
religion or prohibiting the free exercise thereof; or abridging the
freedom the speech, or of the press”.
It is further reinforced in section VII of Bill of Rights.
“ 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 ,
decisions , as well as to government research data used as basis
for policy development , shall be afforded by the citizen , subject
to such limitations may be provided by the law”
Furthermore, Article II, Section XXVIII discloses that transactions concerning the public
are of public information.
“ Subject to reasonable conditions prescribe by law, the State
adopts and implements a policy of full public disclosure of all it’s
transactions involving public interests”
In the same Article in it’s Section XXIV, the Constitution states :
“ The State recognizes the vital role of communication and
information in nation building”
b. ANTI-OBSCENITY LAW
Offenses against decency and good customs are penalized under Article 201 of the
Revised Penal Code if they are of these acts:
1. Glorify criminals and condone crimes;
2. Serve no other purpose but satisfy the market for violence, lust or pornography;
3. Offend a race or religion
4. Abet traffic in and use of prohibited drugs;
5. Encourage acts contrary to law, public order, good customs, established policies,
lawful orders, decrees and edicts.
C. LIBEL
Libel is a public and malicious imputation of a crime, or a vice or defect , real or
imaginary, or any act, omission, condition, status or circumstance tending to cause the
dishonor, discredit , or contempt of a natural or juridical person or to blacken the
memory of one who is dead.( Article 353, Revised Penal Code).
Libel can be committed through: Writing, printing, lithography, engraving, radio,
phonograph, painting, theatrical exhibition, cinematographic exhibition, etc. ( Article
335, Revised Penal Code).
Slander is just the same as libel. The only difference is the medium. Libel uses a tool
( written, recorded, exhibited , etc.)while Slander is an act of oral defamation
Defamation in television is libel rather than slander as there was a tool used.
PERSONS LIABLE FOR LIBEL:
Any person who shall publish, exhibit or cause the publication or
exhibition of any defamation in writing or by similar means, shall be
responsible for libel. This includes the author, the editor of the book,
pamphlet, newspaper, etc., and the proprietors of the publication.
The printer ( ex. The printing press ) is also liable.
D. COPYRIGHT LAW
Designed to protect intellectual property.
Applications for Copyright can be filed with the National Library.
Copyrightable intellectual works include:
1. Books, including composite of cyclopedic works, manuscripts, directories,
gazetteers and other compilation;
2. Periodicals, including pamphlets;
3. Lectures, sermons, dissertations and other materials prepared for oral delivery;
4. Dramatic or musical compositions;
5. Maps, plans, sketches, charts, drawing, designs;
6. Works of art, modes or designs of work of arts;
7. Reproductions of a work of art;
8. Photographs, engravings, lithographs, cinematographic pictures
E. RIGHT OF PRIVACY
The Civil Code provides, “ every person shall respect the dignity, personality,
privacy and peace of mind of his neighbors and other persons”
The following and similar acts may produce cause of action for damages and other
reliefs:
1. Publication or dissemination of letter and other private communications
without the consent of the writers or his heirs;
2. The publication of a picture or a photograph without the consent of the
subject who is not a public figure, especially if it is for commercial purposes.
F. NATIONAL SECURITY
Under Article 138 of the Revised Penal Code , any person who is found to incite
people to sedition or rebellion or commits acts that will endanger the security and
safety of the State, shall be penalized. Publications are seditious when they:
1. Tend to incite others to seditions;
2. Constitute scurrilious libel against the government or against any of the
constituted authorities;
3. Tend to disturb or obstruct any law officer in executing the obstruct functions
of his office;
4. Tend to instigate others to cabal and meet together for unlawful purposes.
5. Suggest or incite rebellious conspiracies or riots.
A new law signed by President Ramos in 1992 legalized the Communist party in
Philippines to give it political space in a democratic country.
