Mass Media Laws and Regulations in the Philippines
Mass Media Laws and Regulations in the Philippines Annotated Compilation (with commentaries and other background material) by Luis V. and Rosalinda V....
Mass Media Laws and Regulations in the Philippines Annotated Compilation (with commentaries and other background material) by Luis V. and Rosalinda V. Kabatay
3rd Edition
CENTER FOR RESEARCH AND COMMUNICATION FOUNDATION. INC ASIAN MEDIA INFORMATION & COMMUNICATION CENTRE
CONTENTS Press The Philippine Context Freedom of Expression The of the Law The Philippine Judicial System The Philippine Press Note A Quick Guide to the Laws on the Philippine Communication Media All Communication Media 1. Constitutional Provisions Freedom of Expression The Right to Information The Right to Privacy The Commission on Elections Policy for Ownership Section Constitution Applied 2. Provisions Relevant to Mass Media in the Revised Penal Code of the Philippines [Act No. 3815, as amended] a Crimes Against National Security and Public Order b. Libel - Crime Against Honor c Customs 3. Provisions in the New Civil Code [Republic Act No. 386, as amended] Note 4. Special Laws The "Shield Law" Note b. Copyright definition; purpose Right Social Function The Between Copyright and Speech Intellectual Property (IP) Present Law on Copyright Background The Intellectual Property Code (IPC) Republic Act. N o 8293 .. USTR Priority Watch List Update The Printing Law & International Treaties on Copyright Basic Information on Copyright How Copyright is Acquired Works are protected by the sole fact of their creation Registration and Deposit with the Government Offices forInfringement
Works Covered; Nature of Copyright and Rights of Copyright Owner Other Fair Use & Decompilation Loss of Copyright of Copyright Enforcement of IP Right Note c Fair Election Act Background Salient Provisions The Law in Operation Ban on Publication of Election Surveys Unconstitutional Distinguished from National Press v. Comelec (207 SCRA 1 [1992]) and & Garcia v. Comelec (288 SCRA 447 [1998]) Note B. Laws and Codes for the Print Industry Textbook Reprinting Law Repealed Publication of Judicial Notices The Movie and Television Review and Classification Board (MTRCB) and Publicity Materials The Book Industry Development Act No. 8047) Taxation The Campus 1991 [Republic No. 7079] Section 7, Republic Act No. 7079 Applied The Philippine Journalist's Code of Ethics Note C for Industry 1. Laws for Mass Media Practitioners Engaged in Broadcast Prohibition of Live Radio TV Coverage of Court Proceedings The Rule on the Examination of A Child Witness Exclusion from the courtroom of all including members of the press television testimony Videotaped deposition Publication of identity contemptuous 2. Laws and Regulations for Broadcast Companies Franchise and Certificate of Public Convenience and Necessity Legislative Franchise MTRCB Authority to Review Public Affairs Programs Self-regulation by me Undertaking of the Grantee b. The Register Laws (RTL), The Laws, Executive Presidential or Administrative Issuances Affecting and Their Rules and Regulations c Regulation
The Kapisanan ng Brodkaster ng Pilipinas (the Association of Broadcasters of the PhilippinesA member withdraws The Advertising Board of the Inc. (ADBOARD) Resignation of the KBP from Adboard for for Stations Note D. Laws and Codes for the Film Industry and
Media
Republic Act 9167 - Creating the Film Development Council of the Philippines A Long and Arduous Legal Journey Republic 9167 - Salient Provisions Decree 1986 - The MTRCB The MTRCB and the Presidency 2. Media the Optical Media 2003... OMB Rules and Regulations OMB MTRCB Note E for Advertising Industry Historical Background Constitutional Limitations Consumer Act of the Philippines The Consumer A a (Republic A a No. 7394) and E-Commerce Law (Republic A a No. 8792) Tobacco 2003 Salient No. 9211 Implementation ADBOARD of Ethics Billboards Billboards Subject to Police Power Ethics Review Note E New Media The Internet Cyberspace Laws Applicable to the Internet The Internet as a Communication Medium The Internet in the Philippines Ten Years Internet in the Philippines Philippine Newspapers Online 2. New Old Media 3. The Philippine Government Offices Media Government Web Presence The Philippine Judiciary and New Media 4. No.
Salient No. 8792 & Legal Recognition Electronic Signatures Contracts Penal Provisions Cases Under the Law First Libel Case Update on Lovebug Case First Conviction under the Law Bar Exam Questions Hacked; Lawyer Disbarred Law & the Consumer 5. Cellular Phones Phones) Text Messaging Texring and the Presidency Text as Evidence Regulating Text Messaging Communications Internet Pornography 6. Convergence Note 7. and Information and Communication Technology (ICT) Telecommunications Key Players in Government Regulatory Bodies Policy and Regulatory Framework Ownership Communication Ownership of Physical and Section 28 of the Aa Aa 8792) ServicefVAS) Summary the Characteristics the Regulations Information and Communications Technology (ICT) Strategy of the Administration Note III. Commentaries on the Mass and Media Laws The Historical Perspective Freedom (liberty), Law, Mass Media and Common Good Freedom of Expression Scope History of Protection, Historical Influence Constitutional Guaranty Note 1. The Spanish Era (1521-1898) 2. American Rule 3. The Japanese Occupation (1942-1945) 4. The Philippine Republic from 1946 (after the Commonwealth Period) to 1972 (before Martial Law) Manuel Roxas b. Elpidio Quirino (1948-1953) c Ramon Magsaysay (1953-1957) d. Carlos Garcia (1957-1961)
OF CONTENTS Diosdado Macapagal (1961-1965) £ Ferdinand Marcos Note 5. The Martial Law Period (1972-1986) Martial Mass Media b. The Years of Martial Law (1972-1977) The Emergence of the "Alternative Press" More Laws Aimed at Arrest, Search and Seizure Order (ASSO); Presidential Committment Order (PCO) d. The Predominance Note 6. The Restoration of Democracy The Aquino Administration b. I legislative Acts Under the Aquino Administration Affecting Mass Media c Expression the Democracy Note IV Case Law/Jurisprudence A of Expression, Press [1987 Constitution, 3, Section 4] Expression in Jurisprudence Freedom of Expression Not Absolute 1. Due Process 2. Forms of Abridgement of Prior Restraint and Subsequent Punishment Prior Restraint b. Freedom from Subsequent Punishment 1. The Dangerous Tendency Rule 2. Test 3. The Balancing of Interests Test Note B. The Right to Information [1987 Constitution, Article 3, Section The Constitutional Provision Granting Access to Information and Related Provisions Other provisions related to therightto information to Self-Executing Right b. Rationaleforthe Right to Information c May Assert the Right Rights Guaranteed 1. ftiblkConcem 2. Access to Official Records Limits of Rights Recognized Restrictions GMAs 464 - Executive Privilege as an exemption to the power of legislative the general power Congress information) Whether 464 contravenes the power of inquiry vested in Congress
Whether 464 violates the right of the people to information on marten concern Rights of the Live Coverage of the Trial Motion for Reconsideration, September 13, 2001 £ Mandatory Publications of Laws as a Means of Implementing Right to Information Publication of statutes that do not directly apply to people in general g. Right to Information in Statutes Right to Information in Practice The Supreme Court and Media Note C Limits to Freedom of of Expression, and of the Press and the Right to Information 1. Right to Privacy Concept Threats to Privacy b. Philippine Laws on Privacy-Basis c Natural Laws and Privacy The 1987 Constitution on Privacy i. Correspondence The Tapping Law The Bill of Rights and Private Individuals ii. Search and Seizure (Article III, Section 2) The Right of Privacy in Private Law and Other Laws
ii. The Revised Penal Code Rules of Court Rules of Admissibility iv. Special Laws Youthful Offenders Rape Victims Cases Tried by the Courts Child Abuse Aids Patients v. Computers and Privacy First Philippine on Cyberspace First Philippine Jurisprudence on Privacy and the Computer AO. No. 308 (1996) EO. 420 (2005) Privacy and Public Figure Wider Concept of the "Public Figure" Four major privacy actions Privacy applied by the KBP Note 2. National Security to Press Freedom
241 242 242 243 243 244 244 245 246
Law
247 247 252 255 257 258 259 260 261 265 270
TABLE O F CONTENTS b. Cases on National Security and Press Freedom During the Marcos Period c Cases on National Security after 1986 d. National Security Issues Sedition Rebellion The Drug Menace Terrorism The KBP Response Proclamation No. 1017 Calibrated Preemptive Response or CPR The Public Assembly Note
3.
270 277 277 278 279 281 282 283 288 295
298 History and Rationale b. Libel Law c Laws on Libel; Responsible d. Laws Applied to Cases 1. Article 353 - Elements a Libel by means of publication of photograph b. Publication means "to public" c Identifiablity Malice Actual in Fact in Privileged Communications .... Actual malice and the No libelous imputation if embraced by guarantees of free speech and press 2. Article 354 - Requirement Presumption Privileged Communication Presumption of Malice b. Malice is not pressumed in c Enumeration under Art 354 not an exclusive genesis of rule on privileged communications d for Concept Faa that communication is privileged does not mean it is not £ Privileged Communication' Classes - Absolute and Conditional or Qualified Cases illustrating 354(1) i. Qualified ii. qualified privileged Case illustrating Art 354 (2): A newspapers faithful and accurate summary of what was testified to by a witness in a pending case is not libelous Doctrines related to Communication comment fair Neutral reportage 3. Libel Means
MASS M E D I A LAWS A N D R E G U L A T I O N S 4. Article 358 - Slander (Oral Defamation) 5. Article 360 - Persons Responsible 6. Article 7. Sanctions 8. Defenses 9. "SPECIAL" CASE The suit of former President Corazon C Aquino against journalist Luis Beltran Note 4. Obscenity A Laws and Regulations on Obscenity 1. Revised Penal Code 2. Article of the Revised Penal Code and Decree No. 1986 dated Oaober 5, 1985 aeating the Movie and Television Classification Board (MTRCB) 3. Implementing Rules and Regulations of No. 1986 Promulgated by vs. the Power to Review and Censor The MTRCB Exercise Power B. Obscenity - Legal Definition, as seen in Philippine Cases Obscenity/Pornography defined; effects Role of Government and the Catholic Church Pending Bill in Congress Abolition of the MTRCB D. Business and obscenity Television & Advertising Films and SM Policy The Economics of Sexy Films Note 5. Fair Administration of Justice and Contempt The Law on Contempt and Its Historical Background b. What Constitutes for Administration of Justice c Subjudice d. Contempt Forum Contempt £ Indirea Contempt g. Acceptable as not to for Contempt Comment and Defamation h. Free Speech and Administration of Justice Comments of a Former Member of the Cabinet Re: The Court i. Prejudicial Publicity j. Important Concept k Contempt Without Relation to a Pending Case 1. for Freedom 1. Constitutional Law Norms 2. Civil Law Norms 3. Journalist's Ethics 4. Right to Private Honor and Reputation Note
TABLE O F C O N T E N T S D. Issues and Problems - In Spirit and the Practice of Philippine Mass Media Law A History of Conflict Journalists Killed Intentions Versus Reality Cooperative Pressures on the Media Areas of Coverage Crisis of Information Dissident Practitioners The Challenge to Media INDEX
