UNIT 1: FUNDAMENTAL CONCEPTS ON JOURNALISM

OBJECTIVE/S:
1. Elaborate key concept of Journalism;
2. Describe the nature and Scope of Journalism;
3. Differentiate Journalism and Literature
4. Determine the functions, duties and Limitations of the Press thru
Media Ethics

Ø PRETEST 1:
1. Explain to your own words this line:
“Journalism is a craft that takes years to learn. It's like golf. You never get it
right all the time. It's a game of fewer errors, better facts, and better
reporting.”---Ben Huh
2. Relate this quote to being an English Teacher

Refer on course outline for technical format.

300 word min. (whole document your name, year and section not included)
________________________________________________________________

DISCUSSION

1.1 Scope and Nature of Journalism

Journalism covers a huge range of output across all media and is recognizable
as a form of communication in almost every country of the world. Journalism
involves the sifting and editing of information, comments and events into a form
that is recognizably different from the pure form in which they first occurred.
Journalism is about putting events, ideas information and controversies into
context. It is about selection and presentation. Above all, perhaps, it is about the
assessment of the validity, truthfulness or representativeness of actions or
comments. (Rudin, 2013)
News is a noun clearly linked with journalism – and therefore a good starting
point for analyzing the whole concept of journalism. (Rudin, 2013)

Definition of Journalism:

The word journal comes from the Latin word diurna which means “daily.” In
ancient Rome, short bulletins of battles, fires, and elections compiled by
government officials were posted up in public places. These were called acta
diurna which meant “daily events.”
Journalism is the publication of news and views on various aspects of
human activities in news papers and periodicals. Journalism is the craft of
conveying news, descriptive material and comment via a widening spectrum of
media. These include newspapers, magazines, radio and television, the internet
and even, more recently, the cell phone. It is the process of collection, writing,

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editing, and publishing news in newspapers and magazines collectively.
Journalism is the production of news reports and editorials through media such as
newspapers, magazines, radio, television and the Internet. (“PJ: Concept of
Journalism,” 2022)

Other definitions of journalism:

The occupation of writing for publication in newspapers and other periodicals. –
Noah Webster

Something that embraces all forms in which or through which the news and
comments on the news reach the public. All that happens in the world, if such
happenings hold interest for the public, and all the thoughts, actions, and ideas
which these happenings stimulate, become basic materials for the journalist.-
Fraser F. Bond

Nature of Journalism
Journalism may be divided into three areas: written, oral, and visual.
Periodicals such as newspapers and magazines fall under written journalism. A
periodical, defined broadly, is a publication that comes out at regular intervals –
daily, weekly, fortnightly, monthly, bi-monthly, quarterly, annually, etc.

A newspaper, compared to a magazine, prints more news, has no special

cover, and is printed on a special paper called newsprint. News is printed on the
front page as well as on the inside and back pages.

A magazine, on the other hand, prints more features and human interest
stories, has a special cover usually with a big cut on it, and is often printed on
bookpaper. If ever news is printed, it is brief, featurized, and found in the inside
pages.

Periodicals, brochures, journals, books, and graphic arts are classified

under print media. Radio falls under oral journalism, while television, movies, and
documentaries are under visual journalism.

Radio and television are examples of broadcast media while movies and
documentaries are examples of film media.

Journalism is the timely reporting of events at the local, provincial, national

and international levels. Reporting involves the gathering of information through
interviewing and research, the results of which are turned into a fair and balanced
story for publication or for television or radio broadcast.

Journalism is not just fact-finding media analysis opinion writing or

commentary although all of those aspects can play a part at times.

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 In modern societies, Journalism has become the media of mass education
providing supplementary education to students at all stages and to the general
masses – educated and uneducated.

In modern times, the horizon of journalism has widened and it has

transcended the limits of mere reporting of political and economic news.

Journalism has as its main activity the reporting of events stating who, what,
where, why and how, and explaining the significance and effects of events or
trends.

Journalism exists in a number of media: newspapers, television, radio,

magazines and, most recently, the World Wide Web through the internet.

Media Based Journalism

Depending on the type of medium used, journalism can be divided into:

§ Print journalism
Print journalism includes writing and publishing for newspapers, news magazines,
general interest magazines, trade magazines, hobby magazines, newsletters,
private publications, online news pages and others.

§ Broadcast journalism
includes broadcasting for both radio and television. Radio journalist must gather
facts and present them fairly and accurately, but also must find and record relevant
and interesting sounds to add to their reports, both interviews with people involved
in the story and the background sounds that help characterize the story. Radio
reporters may also write the introduction to the story read by a radio news anchor,
and may also answers question live from the anchor.

Television journalists rely on visual information to illustrate and characterize their

reporting, including on-camera interviews with people involved in the story, shots
of the scene where the story took place, and graphics usually produced at the
station to help frame the story. Like radio reporters, television reporters also may
write the introductory script that a television news anchor would read to set up their
story. Both radio and television journalist usually does not have as much “space”
to present information in their reports as print journalists.

§ On-line journalism
The fast and vast growth of the internet and World Wide Web has spawned the
newest medium for journalism, on-line journalism. The speed at which news can
be disseminated on the web, and the profound penetration to anyone with a
computer and web browser, have greatly increased the quantity and variety of
news reports available to the average web user.

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The bulk of on-line journalism has been the extension of existing print and
broadcast media into the web via web versions of their primary products. New
reports that were set to be released at expected times now can be published as
soon as they are written and edited, increased the deadline pressure and fear of
being scooped many journalists must deal with.

Content Based Journalism

Depending on the type of content that is generated in the media, journalism can
be divided into various types. Each or all of these can be found in all the media
mentioned above.

Feature journalism: Newspapers and periodicals often contain features written

by journalists, many of whom specialize in this form of in depth journalism.
Features articles usually are longer than straight news articles, and are combined
with photographs, drawings or other “art”. They may also be highlighted by
typographic effects or colors.

Sports journalism: Sports journalism covers many aspects of human athletic

competition, and is an integral part of most journalism products, including
newspapers, magazines, and radio and television news broadcasts. While some
critics don’t consider sports journalism to be true journalism, the prominence of
sports in western culture has justified the attention of journalists to not just the
competitive events of sports, but also to athletes and to the business of sports.

Science journalism: Science journalism is a relatively new branch of journalism,

in which journalists reporting conveys information on science topics to the public.
Science journalists must understand and interpret very detailed, technical and
sometimes jargon-laden information and render it into interesting reports that are
comprehensible to consumers of news media.
Science Journalism is the key to the real treasure of the scientific knowledge, by
virtue of which scientific knowledge and concepts could be carried to the common
man.

Investigative journalism: Investigative journalism, in which journalists

investigative and expose unethical, immoral and illegal behavior by individual,
business and government agencies, can be complicated, time-consuming and
expensive-requiring teams of journalists, months of research, interviews
(sometimes repeated interviews) with numerous people, long-distance travel,
computers to analyze public-record databases, or use of the company’s legal staff
to secure documents under freedom of information laws.

People journalism or celebrity: Celebrity journalism differs from feature writing

in that it focuses on people who are either already famous or are especially
attractive, and in that it often covers celebrities obsessively, to the point of these
journalists behaving unethically in order to provide coverage. Journalists who

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follow celebrities constantly to obtain potentially embarrassing photographs, have
come to characterize celebrity journalism.

The Journalist

A journalist (also called a newspaper man) is a person who practices

journalism, the gathering and dissemination of information about current issues.
The activity or profession of being a journalist includes aggregating, writing,
editing, and presenting of news or news articles for widespread distribution,
typically in periodical print publications and broadcast news media, for the purpose
of informing the audience.

An entry-level reporter often does "general assignment" stories rather than

stories for a specific beat. General assignment stories are given out to reporters
by the city desk or assignment editor.

The Image of a Journalist: Heroes or Villain

The image of the journalist – like others in the public eye such as doctors
and police officers – has varied widely through different periods of time and
amongst different sectors of the population. Many people seem to hold
contradictory views about journalists: applauded when they uncover wrongdoing,
fighting bureaucracy and tackle powerful, corrupt figures on behalf of the ‘common
person’ – often putting themselves at risk of physical harm or harassment by the
authorities; derided and condemned when they appear to have grossly invaded
people’s privacy or been rude, aggressive or devious.
The question of trust seems crucial here: if the public don’t believe what they
read, see and hear from the journalistic media, then the whole basis of journalism
would seem to be undermined.

Journalists are often criticized for becoming too closely involved with their
subjects, of becoming part of the establishment, even involved in a conspiracy with
the various elites in society – politicians, celebrities of all kinds, business leaders,
Royalty, etc. One claim close to most journalists’ hearts is that they are distinct
from other groups in that they retain their independence, distance and detachment.
Although they may have to strike ‘deals’ with (often) highly paid, highly influential,
insistent and even bullying PR types, agents and the rest of the ‘cast of characters’,
journalists should always remember they are working for their audience.

1.2 Journalism versus Literature

"The truths of literature are truths to feeling rather than the truths of experience.
Art re-creates. It reshapes. It expresses an imaginative response to the world.
Journalism, by contrast, communicates experience."---Geoffrey Heptonstall

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 Journalism is written in the heat of the moment. The response is instant.
Copy has to be written to meet the deadline which is fast approaching. There is no
real time for the kind of reflective consideration which is the finely-honed essay.
Journalists, like learned counsel in court, must think on their feet. They cannot go
back and revise a week later. A week later it is old news and life has moved on.
(“On journalism versus literature,” 2014)

The disciplines of journalism are exacting. It is no easy task to ascertain the

facts of a situation, to assess the truth, and then immediately to write an articulate
and reasoned account of it. Little wonder that so much journalism tends to the
superficial, the emotional and the inaccurate. There is insufficient time to check the
facts. The apparent becomes the obvious. All that seems to matter is what is
happening at this moment. Good journalism requires qualities many may aspire to
but relatively few possess. To be calm in the storm is a rare gift. (“On journalism
versus literature,” 2014)

Literature is concerned with expression through metaphor. That is why

literature works by allusion and implicit comparison. The truths it seeks are those
that lie behind the observable facts. We need those facts. We need accurate
presentation of the facts. We need information about what is happening, and that
means all that is happening not simply what conventional wisdom thinks we ought
to know. When we have an accurate picture of the world we may search for the
uncharted continents of the imagination, the imagined realms where undiscovered
truths explain our realities. (“On journalism versus literature,” 2014)

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 Figure 1. Journalism vs Literature (“Journalism and Literature Dra. Patricia
Nigro Facultad de Comunicación 2011,” 2019)

Ø ACTIVITY 1:
1. Find a news/feature story about the news media that portrays a journalist
(or set of journalists) in the heroic mode (fearless, campaigning), and one
that portrays them as villains (prying, immoral, insensitive).
2. What are the underlying assumptions about what journalists and journalism
‘could’ or ‘should’ be?
Refer to Course Overview for Technical Format

1.3 Functions, Duties, and Limitations of the Press- Media Ethics

Media ethics is the subdivision of applied ethics dealing with the specific ethical
principles and standards of media, including broadcast media, film, theatre, the
arts, print media and the internet. The field covers many varied and highly
controversial topics, ranging from war journalism to Benetton ad campaigns.

Media ethics promotes and defends values such as a universal respect for life and
the rule of law and legality. Media Ethics defines and deals with ethical questions
about how media should use texts and pictures provided by the citizens.

Journalistic ethics and standards comprise principles of ethics and good practice
applicable to journalists. This subset of media ethics is known as journalism's
professional "code of ethics" and the "canons of journalism". The basic codes and
canons commonly appear in statements by professional journalism associations
and individual print, broadcast, and online news organizations.

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4 Major Functions of the Press (4 Major Functions of the Press-Discussed!,
2012)

Most Important Functions that are currently performed by a Press are as follows:

In the past, the mainly concentrated on two important functions, that is information
and influence. But now-a-days, it performs four major functions. In addition to the
above two functions the press now also performs the functions of entertainment
and paid advertising.

1. Information:
This function includes all reports, news and happenings concerning the daily life.
It does not include any information involving or concerning the pursuit of leisure.
But it does cover all news, regarding government, politics, foreign affairs, weather,
accident, business, labour, education etc.

This function consists of most of the matter which is given in news-broadcast on

the radio and television as well as the news-columns of the newspapers and
magazines. It does not include information regarding sports, hobby columns,
theatre reviews, films, short stories etc.

2. Influence:
It means influencing the opinion of the readers through editorials, articles, or
certain special features. It also includes editorials, cartoons and comments made
on the news and events by the journalists or the editors.

But it does not include the slanted news or any other forms of indirect influence,
accidental or otherwise. In this, we should include only attempts which are made
directly to influence the readers and listeners. It also excludes the space which is
sold to the advertisers.

3. Entertainment:
The other important function of the press is entertainment of the readers. Under
this function all types of fiction like comic strips, stories etc. can be included. It also
includes the factual material, sports news, theatre reviews and hobby columns
which deal with leisure.

The entertainment function of the press is very important. This function not only
competes for space and time with other functions, but it can also exert indirect
influence and impart information incidentally.

4. Advertising:
This function of the press can very easily be recognised, because it is commercially
oriented. Sometimes, the advertisements also have public service messages
under the prestigious advertisements regarding family planning, driving safely,

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child care, healthcare etc. The commercially oriented advertising seeks to promote
the sale of their goods.

Duties & Responsibilities of the Press

Members of the press have a duty to inform the public about current events and
insist on transparency in government activities. In the fulfillment of this duty, every
journalist has responsibility to preserve the integrity of the news, respect sources
and maintain independence

§ Report the Truth

Journalists have a duty to report factual information, and there should be a
consistent system for separating facts from opinion. For example, there should be
at least two witnesses of an event if it is reported as fact, because a single witness
is often unreliable. Journalists should be careful to avoid unintended errors by
checking facts and only using reliable sources whom they trust. If inaccuracies are
realized after publication, the author should correct them as soon as possible.

§ Preserve Integrity
Members of the press have a responsibility to protect their publication's integrity,
which means reporting impartial and honest news stories. It is critical that every
journalist's position as an honorable, trustworthy reporter remain intact so the
public can count on a reliable news source. Stories labeled as news should be free
of the author's personal views and no reporter should alter or dismiss parts of the
story to protect any group, including their own publication.

§ Respect Professional Sources

Journalists should treat sources with respect, and should not harass or threaten
sources just to get a news story. Journalists should avoid favoritism or biased
reporting by maintaining a purely professional relationship and avoiding personal
connections with sources. A reporter also has a duty to disclose sources whenever
possible so the public can assess the source's reliability. Before reporting
identifying information, journalists should discuss expectations of anonymity with
the source. If the source prefers to remain anonymous, the reporter should explain
why.

§ Maintain Independence
Any news organization should diligently guard against conflicts of interest that
could influence reporting. Journalists should not accept gifts from news sources
and they should not work for the people or groups about whom they write stories,
because these activities threaten impartial reporting. If there is a conflict of interest,
such as political involvement or community activism, reporters should disclose it
as a potential source of bias.

Duties & Responsibilities of Journalists

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Working as a journalist is not a job to be taken lightly. Journalists have a duty to
report the news thoroughly and without bias. If you aspire to be the mouthpiece for
your audience, understand your role, your audience and the power of your words.
Strive every day to uphold the journalistic integrity that comes with the power of
the pen and work to achieve the goal of delivering the most complete and balanced
story possible to your audience.

§ Upholding the Truth through Verification

A journalist is responsible for reporting the truth, not because he is inherently
unbiased but because he upholds the importance of objective verification. This
means that he should consistently test every fact used in his story, including
researching all information shared with him by his sources, according to the Pew
Research Journalism Project. A strict adherence to verification ensures that
personal and cultural biases don't sneak in and take over reporting.

§ Unbiased Reporting
A journalist's report should be unbiased, according to Pew's Principles of
Journalism. This means that if he has a financial interest in his subject, he should
give the report to someone else. If the company that owns a news agency has a
financial interest in a story, the agency should take extra care to ensure its
reporting is not affected. A journalist's report should present all sides and all
viewpoints on a matter. He should seek more than one source for a story to ensure
that multiple sides are represented. If someone comments on a person, he should
seek to get the other person's response.

§ Serving the Public as a Watchdog

The journalist's duty is to the public, not the government. Journalists are
sometimes referred to as the fourth branch of the U.S. government for this very
reason. They should hold the government and others in power accountable to the
citizens. By being independent from the government, they can monitor power and
serve as an information source and not a propaganda mouth. Journalists serve as
a watchdog to balance government power and hold it accountable to its citizens.

§ Forum for Public Comment

The journalist provides a forum for public comment, according to Pew. It allows an
avenue for criticizing the government and corporations. Journalists help stir up
discussions that might later lead to change and problem solving. But by serving as
a point of public discussion, journalists must strive to represent all sides of the
discussion, not only the richest or loudest voices.

§ Comprehensive Reporting
As Pew Research states, journalists create a type of map of events, making it
easier for citizens to navigate through the important research. They must strive for
proportion in reporting, not overly sensationalizing entertaining stories or
neglecting important issues for the purpose of getting more viewers. A news
agency that hires a diverse staff can more easily achieve such diverse reporting.

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 § Making Important News Interesting
A news agency must engage its audience to get them to tune in. But it also must
find ways to make significant stories interesting, so that readers and viewers don't
miss out on what they need to know, the Pew Research project states. It should
frame important world events in ways that will be relevant to its audience, while
still getting the most important messages across.

§ Personal Conscience in Reporting

The overarching ethics of journalism should not override each individual
journalist's personal ethics and conscience. A good news agency should allow
reporters to have differences of opinion, as this can lead to more diverse reporting,
according to Pew Research. Individuals should be able to voice their concerns in
the newsroom and be governed by their personal conscience. Diversity should be
sought in this way without simply trying to get higher ratings from day to day.

Press Freedom and Freedom of Expression

Press Freedom and Freedom of Expression was guaranteed under the Philippine
Constitution since its 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 of 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, or decisions, as well as to
government research data used as basis for policy development, shall be
afforded by the citizen, subject to such limitations as my be provided by
law.”

Furthermore, Article II, Section XXVIII discloses that transactions concerning the
public are of public information.
“Subject to reasonable conditions prescribed by law, the State adopts and
implements a policy of full public disclosure of all its transactions involving
public interests.”

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In the same article in its Section XXIV, the Constitution states:
“The State recognizes the vital role of communication and information in nation
building.”

Limitations of the Freedom of the Press

For there is no absolute freedom, press freedom has its limit in a democratic
society. The State also has to protect other people’s rights and well-being.

“The privacy of communication and correspondence shall be inviolable

except upon lawful order of the court, or when the public safety or order
requires otherwise as prescribed by law.”

Freedom of the Press has six major limitations, namely: Libel, Anti-Obscenity Law,
Invasion of Privacy Laws, Law on National Security, Contempt of court, Copyright
Law.
Libel
§ 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 circumstance tending to cause dishonor, discredit or
contempt to a natural or juridical person, or to blacken the memory of one
who is dead.” (Chapter IV, Philippine Libel Law)

Doctrine of Fair Comment

§ Its basis is the constitutional right of free speech.
§ Every citizen has the fullest freedom to express views and opinions on
public affairs.
§ This is a basic right as a democratic government is one which caters for the
greater good.
§ For public servants, as long as the comment is directed to the work and not
the official himself, there can be no injury to his reputation.
§ A fair comment should be free from liability and, therefore, must be: 1) An
intellectual appraisal or evaluation; 2) Founded on facts, or what in the mind
of a reasonable man would normally be accepted as facts; 3) Free from any
imputation of sordid or corrupt motivesl 4) The result of honest opinion; 5)
Free from malice; 6) Upon a subject possessing public interest.

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, morals, good customs, established
policies, lawful orders, decrees and edicts.

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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:
§ Publication or dissemination of letter and other private communications
without the consent of the writer or his heirs;
§ The publication of a picture or photograph without the consent of the subject
who is not a public figure, especially if it is for commercial purposes.

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 commits acts that will endanger security and
safety of the State, shall be penalized. Publications are seditious when they:
§ Tend to incite others to sedition;
§ Constitute scurrilous libels against the government or against any of the
constituted authorities;
§ Tend to disturb or obstruct any lawful officer in executing the obstruct
functions of his office;
§ Tend to instigate others to cabal and meet together for unlawful purposes;
§ Suggest or incite rebellious conspiracies or riots.
§ A new law signed by President Ramos in 1992 legalized the Communist
Party in the Philippines to give it political space in a democratic country.

Contempt of Court
When a case is pending, the orderly administration of justice is to be protected.

Any improper conduct that may directly or indirectly impede, obstruct or degrade
the administration of justice is contempt of court.
It is contempt if:
§ It clearly 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.
§ It is also contemptuous if matters declared by the court as confidential
becomes published.
§ Reports and comments on proceedings, no matter how accurate, would
constitute contempt.
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 compilations;

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 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, models or designs of works of art;
7. Reproductions of a work of art; and
8. Photographs, engravings, lithographs, cinematographic pictures.

Official Secrets Act and the “D” Notice System

Official Secrets Act
§ Applicable to Great Britain and some of its former colonies.
§ First Official Secrets Act was in 1889. It covered Spying and Breaches of
Official Trust. Revised in 1911, seeks to protect the leakage of official
information.
§ “D” Notice System
§ The media is requested to ban on publication of certain subjects connected
with National Security. It is issued by Defense, Press and Broadcasting
Committee formed in 1912.

Philippine Libel Law

§ 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 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 on 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. printing press) is also liable.

Penalties for Libel

§ For committed libel: prison correctional in its minimum to medium periods
or a fine ranging from 200 to 600 pesos, or both. This is in addition to the
civil action which may be brought by the offended party. (Article 355,
Revised Penal Code).

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 § For threatened libel or blackmail: Arresto mayor or a fine from 200 to 2,000
pesos or both. (Article 356, Revised Penal Code).

Why is it punishable?
§ The enjoyment of a private reputation is as much a constitutional right as
the possession of life, liberty and property. The law recognizes the value of
such reputation and imposes upon him who attacks it, by slanderous words
or libelous publication, the liability to make full compensation for damages
done.

Court that has Jurisdiction for Libel

§ Regional Trial Court (Article 360, Revised Penal Code)
§ Venue for Action may vary but the general rule is that the Regional Trial
Court where the libelous publication was published or where the
complainant resides should be the court designated to try the case.
§ The crime of libel prescribes in one year from the date the alleged libelous
article was published.
Damages Recoverable in an Action for Libel
§ Article 2219 (7) of the Civil Code provides that moral damages may be
recovered in case of libel, slander or any other form of defamation. In effect,
the offended party in these cases is given the right to receive from the guilty
party moral damages for injury to his feelings and reputation in addition to
punitive or exemplary damages.
§ The civil action for damages shall be filed at the same court where the libel
case was filed. The court it was filed at acquires exclusive jurisdiction to
entertain the corresponding complaint for libel.

Persons Who Can File a Complaint for Libel

§ Can only be filed by the offended party.
§ Libel cases attributing a defect or vice, real or imaginary, which does not
constitute a crime but brings into disrepute, scorn or ridicule, or tends to
cause dishonor, discredit, or contempt, can be prosecuted de oficio. The
complaint of the offended party is not necessary, and the information filed
by the prosecuting officer is enough to confer jurisdiction upon the court to
try the defendant charged.
§ The provincial fiscal may file the information upon his own initiative without
the offended party’s complaint and even over his objection.

Crimes which Cannot be Prosecuted De Oficio

§ Crimes such as adultery, concubinage, abduction, rape or acts of
lasciviousness cannot be prosecuted de oficio. Libel of these crimes can
only be filed by the offended party.
§ If the libel concerns a person who has already passed away, his heirs or
legal representatives have the right to file the complaint.

Essential Elements of Libel

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 § The imputation must be made public;
§ The imputation must be malicious; and
§ The imputation must be defamatory;
§ The person defamed must be identifiable.

Defamatory Imputation
§ Crime allegedly committed by the offended party;
§ Vice or defect, real or imaginary, of the offended party; or
§ Any act, omission, condition, status of, or circumstance relating to the
offended party which tend to cause the dishonor, discredit, or contempt of
a natural or juridical person, or to blacken the memory of one who is dead.
§ Crime allegedly committed by the offended party;
§ Vice or defect, real or imaginary, of the offended party; or
§ Any act, omission, condition, status of, or circumstance relating to the
offended party which tend to cause the dishonor, discredit, or contempt of
a natural or juridical person, or to blacken the memory of one who is dead.

Imputation of a Crime
§ Accusations of a crime to an offended party.
§ Accusations tending to cause dishonor, discredit, contempt of the
complainant are punishable under Article 353 of the Revised Penal Code.

Imputation of a Criminal Intention

§ Accusation of criminal intention is not libelous.
§ Intent to commit a crime is not a violation of the law.
§ It is just a mere assertion of expression of opinion as to what will be the
future conduct of another person.

Imputation of a Vice or Defect, Real or Imaginary

§ It is libelous in nature as it tends to discredit the person libeled in the minds
of the persons reading it.
§ Any material the would cause one’s embarrassment or social humiliation.

Imputation of an Act or Omission

§ Example:
An article signed by the accused and published in a newspaper says
that the offended party has ordered the fixing of his teeth without paying the
fees for the services rendered by the dentist contains an imputation of an
act and omission which is defamatory.

Imputation of Condition, Status or Circumstance

§ Calling a person “bastard” or “leper” is an imputation of condition and a
contempt of the offended party.
§ Writing and publishing of words “coward, vile soul, dirty-sucker, savage,
hog who always looks toward the ground” which refer to the offended party,
thereby exposing the latter to public contempt and ridicule.

16
 § The word “fool” or “crazy” becomes defamatory if used to connote mental
aberration.
§ The word “mangkukulam” is an epithet of opprobrium. To say such to a
complainant is to impute her a vice, condition or status that is dishonorable
or contemptible.
Meaning of Words, not Writer’s Intent
§ In libel, the question is not what the writer of an alleged libel means, but
what the meaning of the words he used is in the understanding of the
majority of the people.
Defamatory Imputation Need Not to be Expressed in Specific Terms
§ Words calculated to induce suspicion are sometimes more effective to
destroy reputation that false charges directly made.
§ Ironical and metaphorical language is a more favored vehicle for slander.
More than how the defendant wants to be understood, it still depends on
how he or she was interpreted by the offended party and the witnesses.
§ Insincere comments and intended to ridicule rather than praise the plaintiff
is libelous. Praise undeserved is slander in disguise.
§ When neither party endeavors to show hidden meaning or latent
ambiguities in the publication complained of, it is for the court to determine
whether its contents are libelous. Opinions of witnesses upon this point are
immaterial.

“Innocent Construction” Rule

§ Words capable of being read innocently must be read innocently and
declared not libelous under the rule of innocent construction.
§ If the alleged libelous matter is susceptible of two or more interpretations,
courts of justice are not justified in holding the real purpose of the writer
whether it is written in light of the worst possible meanings or not. There
must be evidences if that was the case.

Publication of the Defamatory Imputation

§ Publication is the communication of the defamatory matter to some third
person or persons.
§ Libel is not only for mass circulation but also if it is brought to the attention
of another person other than its author and the offended party.
§ The communication of libelous matter to the person defamed alone does
not amount to publication, for that cannot conjure in his reputation is the
estimate in which others hold him, not the good opinion he has of himself.

Examples of Publication
§ Writing a letter to another person other than the person defamed is sufficient
to constitute publication.
§ Sending to the wife a letter defamatory of her husband is sufficient
publication.

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 § One of the typesetters of the paper testified that the defendant handed to
him, to be set in type, the article in question and that the manuscript thus
delivered was in the handwriting of the defendant.
§ There is publication of defamatory letter not shown to be sealed when sent
to the addressee.
§ Sending a letter in a sealed envelope, however, is not publication.

“Multiple Publication” Rule

§ Each and every publication of the same libel constitutes a distinct offense.
Stated more succinctly for purposes of ascertaining jurisdiction under Article
360 of the Revised Penal Code, as amended, every time the same written
matter is communicated such communication is considered a distinct and
separate publication of the libel.
§ Two libelous publications arising out of the same controversy is a settle
jurisprudence that each publication of a libel constitutes a distinct crime of
libel.

Malice
Malice is a term used to indicate the fact that the offender is prompted by ill-will or
spite and speaks not in response to duty, but merely to injure the reputation of the
person defamed.

Two types of Malice:

1. Malice in Law
It is a presumption of law. It dispenses with the proof of malice when words which
raise the presumption are shown to have been uttered. It is also known as
constructive malice, legal malice, or implied malice.

2. Malice in Fact.
It is a positive desire and intention to annoy or injure. It may denote that the
defendant was actuated by ill will or personal spite. It is also called the express
malice, actual malice, real malice, true malice or particular malice.

How Malice is Proved

§ Malice is established either by presumption or by proof.
§ Malice in law is presumed from a defamatory imputation. Proof of malice is
not required, because it is presumed to exist from the defamatory
imputation. When an imputation is defamatory, the prosecution or the
plaintiff need not to prove malice on the part of the defendant. The law
presumes that the defendant’s imputation is malicious.
§ Malice in fact may be shown by ill-will, hatred, or purpose to injure. Thus, a
republication of defamatory matter subsequent to the commencement of an
action based thereon is admissible to establish malice in fact.

When Malice is not Presumed

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 § The presumption of malice does not arise in the two cases of privileged
communications in the Par. 1-2 of Article 354 of the Revised Penal Code.
§ A private communication made by any person to another in the performance
of any legal, moral or social duty;
§ A fair or true report, made in good faith, without any comments or remarks,
of any judicial, legislative, or other official proceedings which are not
confidential in nature, or of any statement, report or speech delivered in said
proceedings, or of any other acts performed by public officers in the
exercise of their functions.
§ Where the communication is privileged, malice is not presumed from
defamatory words. The plaintiff or the prosecution must prove malice in fact,
whenever the defamatory imputation appears in a privileged
communication.
Malice vs. Honest or Laudable Purposes
§ Malice in law is not necessarily inconsistent with an honest or even laudable
purpose. Even if the publication is injurious, the presumption of malice
disappears upon proof of good intention and justifiable motive.
§ But, where the Malice in Fact is present, justifiable motives cannot exist,
and the imputations become actionable.

Person Defamed must be Identifiable

§ Person is identifiable, without having to be named.
§ Obvious description of the person intended to be defamed.
§ If no one is named or accurately described, it is not sufficient that the
offended party recognized himself as the person attacked or defamed.
§ Where the article is impersonal and the interpretation of its language does
not single out individuals, the fourth essential requisite of the offense of libel
does not exist.

Defamatory Imputations Directed at a Group of Persons

§ Is not actionable unless the statements are all-embracing or sufficiently
specific for the victim to be identifiable.
§ It is essential that the statement must be so sweeping or all-embracing as
to apply to every individual in that class or group can prove that the
defamatory statement specifically pointed to him, so that he can bring the
action separately, if needed be.

Libel Published in Different Parts Taken Together

§ When a publication is published part-by-part to impute the offended party,
it is libel published in different parts taken together.

Defenses in Libel
The possible defenses in an action for libel are the following:
§ Privileged communications;
§ Fair comment on matters of public interest;
§ Fair comment on qualifications of candidates for public office;

19
 § Apology or retraction;
§ Rectification;
§ Proof of truth; and
§ Self-defense.

Privileged Communication
§ May either be absolutely privileged or conditionally or qualifiedly privileged.
§ It is absolutely privileged when it is not actionable, even if its author has
acted in bad faith. This can include statements made by members of
Congress in the discharge of their functions, official communications made
by public officers in the performance of their duties, etc.
§ It is conditionally or qualifiedly privileged communication if, although
containing defamatory imputations, would not be actionable unless made
with malice in fact or bad faith.

Public Records Which May be Published

§ Strictly limited to cases in which the right of access is secured by law, and
in which the purpose and object of the law is to give publicity to the contents
of the record or document in the interest, or for the protection, of the public
generally.
§ If the contents of the record or document, involved in any judicial, legislative
or other official proceedings, are of confidential in nature, they should not
be published. The publication of confidential record containing libelous
matter is not privileged.

How Malice in Fact, i.e. Actual Malice is Proved

§ The existence of malice in fact may be shown by extrinsic evidence that the
defendant bore a grudge against the offended party, or that there was rivalry
or ill-feeling between them which existed at the date of the publication of the
defamatory imputation, or that the defendant had an intention to injure the
reputation of the offended party as shown by the words used and the
circumstances attending the publication of the defamatory imputation.

Actual Malice in Statements Found to be False

§ Even when the statements are found to be false, the mantle of privilege may
still cover the mistake of the individual.
§ But the statement must be made under an honest sense of duty; a self-
seeking motive is destructive.
§ The duty under which a party is privileged is sufficient if it is social or moral
in its nature and this person in good faith believes he is acting in pursuance
thereof although in fact he is mistaken.

Fair Comment on Matter of Public Interest

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 § A matter of public interest is common property. Anybody may express an
opinion on it. It is a defense to an action for libel or slander that the words
complained of are fair comment on a matter of a public interest.

Fair Comment on Qualifications of Candidates for Public Office

§ Those who seek public posts can be subject to public criticism. But, if the
criticisms express malice, or may defame. It constitutes to a criminal libel.
§ The freedom to criticize is until fair comment, whether true or false as long
as it is formed with a reasonable degree of care and on reasonable ground.

Rectification
§ Rectification or clarification does not wipe out the responsibilities arising
from the publication of the first article, although, it may and should mitigate.

Proof of Truth
It is admissible as a defense in any of the following:
§ When the act or omission imputed constitutes a crime regardless of whether
the offended party is a private individual or a public officer;
§ When the offended party is a government employee, even if the act or
omission does not constitute a crime, provided it is related to the discharge
of his official duties.
§ But if the imputation involves the private life of a government employee
which is not related to the discharge of his official functions, the offender
cannot prove the truth thereof.
§ Proof of truth is not enough. It is also required that the matter charged as
libelous was published with good motives and for justifiable ends.

Self-Defense
§ To justify one’s hitting back with another libel, there must be a showing that
he was libeled.
§ A person libeled is often privileged to make statements which would
otherwise be regarded as defamatory. If his reply defending himself is made
in good faith, without malice and is not necessarily defamatory, it is
privileged.
§ While he may be legally justified to defend himself, he may not use offensive
language against the libeler. If he exceeds from his privilege, the law shall
give him no protection.

Journalist’s Code of Ethics

1. I shall scrupulously report and interpret the news, taking care not to suppress
essential facts or to distort the truth by omission or improper emphasis. I recognise
the duty to air the other side and the duty to correct substantive errors promptly.

2. I shall not violate confidential information or material given me in the exercise of

my calling.

21
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 interest justifies it. At the same time, I shall fight vigorously for
public access to information.

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.
Journalist’s Code of Ethics
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 fellow journalists.

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 watch word.

Ø BASIC TASK 1:
1. As an English teacher, why is it important that we know the functions, duties
and limitation of the Press and Journalist?
2. In what way will these duties help you as a person, as professional and a
future educator?
3. How are these more essential to Campus Journalism?
4. Solve this case: A Campus Newspaper published a corruption case
allegation to a certain campus official. Is this allowed? Or will the school
paper face libel? Why or Why not? Defend your answer using the grounds
and on libel.

Refer to Course Overview for Technical Format

22
SUMMARY

Scope and Nature of Journalism

Journalism covers a huge range of output across all media and is recognizable
as a form of communication in almost every country of the world. Journalism
involves the sifting and editing of information, comments and events into a form
that is recognizably different from the pure form in which they first occurred.
Journalism is about putting events, ideas information and controversies into
context. It is about selection and presentation. Above all, perhaps, it is about the
assessment of the validity, truthfulness or representativeness of actions or
comments. (Rudin, 2013)
News is a noun clearly linked with journalism – and therefore a good starting
point for analyzing the whole concept of journalism. (Rudin, 2013)

Definition of Journalism:

The word journal comes from the Latin word diurna which means “daily.” In
ancient Rome, short bulletins of battles, fires, and elections compiled by
government officials were posted up in public places. These were called acta
diurna which meant “daily events.”

Nature of Journalism
Journalism may be divided into three areas: written, oral, and visual.
Periodicals such as newspapers and magazines fall under written journalism. A
periodical, defined broadly, is a publication that comes out at regular intervals –
daily, weekly, fortnightly, monthly, bi-monthly, quarterly, annually, etc.

A newspaper, compared to a magazine, prints more news, has no special

cover, and is printed on a special paper called newsprint. News is printed on the
front page as well as on the inside and back pages.

A magazine, on the other hand, prints more features and human interest
stories, has a special cover usually with a big cut on it, and is often printed on
bookpaper. If ever news is printed, it is brief, featurized, and found in the inside
pages.

Periodicals, brochures, journals, books, and graphic arts are classified

under print media. Radio falls under oral journalism, while television, movies, and
documentaries are under visual journalism.

Radio and television are examples of broadcast media while movies and
documentaries are examples of film media.

Journalism is the timely reporting of events at the local, provincial, national

and international levels. Reporting involves the gathering of information through

23
interviewing and research, the results of which are turned into a fair and balanced
story for publication or for television or radio broadcast.

Media Based Journalism

Depending on the type of medium used, journalism can be divided into:

§ Print journalism
§ Broadcast journalism
§ On-line journalism

Content Based Journalism

§ Feature journalism
§ Sports journalism
§ Science journalism
§ Investigative journalism
§ People journalism or celebrity

The Journalist

A journalist (also called a newspaper man) is a person who practices

journalism, the gathering and dissemination of information about current issues.
The activity or profession of being a journalist includes aggregating, writing,
editing, and presenting of news or news articles for widespread distribution,
typically in periodical print publications and broadcast news media, for the purpose
of informing the audience.

An entry-level reporter often does "general assignment" stories rather than

stories for a specific beat. General assignment stories are given out to reporters
by the city desk or assignment editor.

24
Journalism versus Literature

Figure 1. Journalism vs Literature (“Journalism and Literature Dra. Patricia

Nigro Facultad de Comunicación 2011,” 2019)

Functions, Duties, and Limitations of the Press- Media Ethics

Media ethics is the subdivision of applied ethics dealing with the specific ethical
principles and standards of media, including broadcast media, film, theatre, the
arts, print media and the internet. The field covers many varied and highly
controversial topics, ranging from war journalism to Benetton ad campaigns.

25
Journalistic ethics and standards comprise principles of ethics and good practice
applicable to journalists. This subset of media ethics is known as journalism's
professional "code of ethics" and the "canons of journalism". The basic codes and
canons commonly appear in statements by professional journalism associations
and individual print, broadcast, and online news organizations.

4 Major Functions of the Press

Most Important Functions that are currently performed by a Press are as follows:

1. Information

2. Influence

3. Entertainment

4. Advertising

Duties & Responsibilities of the Press

§ Report the Truth

§ Preserve Integrity

§ Respect Professional Sources

§ Maintain Independence

Duties & Responsibilities of Journalists

§ Upholding the Truth through Verification

§ Unbiased Reporting
§ Serving the Public as a Watchdog
§ Forum for Public Comment
§ Comprehensive Reporting
§ Making Important News Interesting
§ Personal Conscience in Reporting

Press Freedom and Freedom of Expression

Press Freedom and Freedom of Expression was guaranteed under the Philippine
Constitution since its 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.”

26
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 of 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, or decisions, as well as to
government research data used as basis for policy development, shall be
afforded by the citizen, subject to such limitations as my be provided by
law.”

Furthermore, Article II, Section XXVIII discloses that transactions concerning the
public are of public information.
“Subject to reasonable conditions prescribed by law, the State adopts and
implements a policy of full public disclosure of all its transactions involving
public interests.”

In the same article in its Section XXIV, the Constitution states:

“The State recognizes the vital role of communication and information in nation
building.”

Limitations of the Freedom of the Press

For there is no absolute freedom, press freedom has its limit in a democratic
society. The State also has to protect other people’s rights and well-being.

“The privacy of communication and correspondence shall be inviolable

except upon lawful order of the court, or when the public safety or order
requires otherwise as prescribed by law.”

Freedom of the Press has six major limitations, namely: Libel, Anti-Obscenity Law,
Invasion of Privacy Laws, Law on National Security, Contempt of court, Copyright
Law.

Philippine Libel Law

§ 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).

27
 § Libel can be committed through: Writing, Printing, Lithography, Engraving,
Radio, Phonograph, Painting, Theatrical Exhibition, Cinematographic
Exhibition, etc. (Article 335, Revised Penal Code).
§ Slander is 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 on television is libel rather than slander as there was a tool
used.

Journalist’s Code of Ethics

1. I shall scrupulously report and interpret the news, taking care not to suppress
essential facts or to distort the truth by omission or improper emphasis. I recognise
the duty to air the other side and the duty to correct substantive errors promptly.

2. I shall not violate confidential information or material given 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 interest justifies it. At the same time, I shall fight vigorously for
public access to information.

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.
Journalist’s Code of Ethics
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 fellow journalists.

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.

28
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 watch word.

Sources for UNIT 1:

4 Major Functions of the Press-Discussed! (2012, November 7). Retrieved

January 28, 2022, from World’s Largest Collection of Essays! Published by
Experts website: https://www.shareyouressays.com/knowledge/4-major-
functions-of-the-pressdiscussed/104109

Duties & Responsibilities of the Press. (2018). Retrieved January 28, 2022, from
Career Trend website: https://careertrend.com/list-6791192-duties-
responsibilities-press.html

Lee, A. (n.d.). Press Freedom and Limitations, Libel and Slander, Code of
Ethics. Www.academia.edu. Retrieved from
https://www.academia.edu/8874997/Press_Freedom_and_Limitations_Libe
l_and_Slander_Code_of_Ethics

Journalism and Literature Dra. Patricia Nigro Facultad de Comunicación 2011.

(2019). Retrieved January 28, 2022, from Slideplayer.com website:
https://slideplayer.com/slide/10052120/

On journalism versus literature. (2014). Retrieved January 28, 2022, from

openDemocracy website:
https://www.opendemocracy.net/en/opendemocracyuk/on-journalism-
versus-literature/

PJ: Concept of Journalism. (2022). Retrieved January 28, 2022, from Iasri.res.in
website: http://ecoursesonline.iasri.res.in/mod/page/view.php?id=32904

"Statement of Principles". American Society of News Editors (ASNE). Retrieved

March 17, 2015

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