rp media laws rk

PHILIPPINE

MASS MEDIA LAW Rachel E. Khan

Associate Professor, Journalism Department, College of Mass Communication

University of the Philippines, Diliman

“Every citizen has certain duties of justice.

The degree of importance of these duties

depend, naturally, on the level of relations

with one another.” – Day

The sphere of the duties of Justice does not

always coincide with the sphere of juridical

obligations..why?

because not everything that has to do

with justice can be covered by a law;

Because some civil laws can be unjust.

Therefore, 3 forms:

• Ethical = Legal

• Ethical ≥ Legal

• Ethical ≠ Legal

Philippine Constitution

Article II, Section 24:

The State recognizes the vital role of

communication and information in nation-

building

Article III, Section 3

1. 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.

2. Any evidence obtained in violation of this or

the preceding section shall be inadmissible for

any purpose in any proceeding.



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



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.

Article XVI, Section 10

The State shall provide the policy environment for the full

development of Filipino capability and the emergence of

communication structures suitable to the needs and

aspirations of the nation and the balanced flow of

information into, out of, and across the country, in

accordance with a policy that respects the freedom of speech

and of the press.



The ownership and management of mass media shall be

limited to citizens of the Philippines, or to corporations,

cooperatives or associations, wholly-owned and managed by

such citizens.

1. The Congress shall regulate or prohibit monopolies in

commercial mass media when the public interest so

requires. No combinations in restraint of trade or unfair

competition therein shall be allowed.

2. The advertising industry is impressed with public

interest, and shall be regulated by law for the protection of

consumers and the promotion of the general welfare.



The ownership and management of mass media shall be

limited to citizens of the Philippines, or to corporations,

cooperatives or associations, wholly-owned and managed by

such citizens.

3. Only Filipino citizens or corporations or associations at

least seventy per centum of the capital of which is owned by

such citizens shall be allowed to engage in the advertising

industry.

4. The participation of foreign investors in the governing

body of entities in such industry shall be limited to their

proportionate share in the capital thereof, and all the

executive and managing officers of such entities must be

citizens of the Philippines.

Libel law

A public and malicious imputation of a crime, or of a vice

or defect, real or imaginary, or any act, omission,

condition, status or circumstance tending to discredit or

cause the dishonor or contempt of a natural or juridical

person, or to blacken the memory of one who is dead.

Thus, the elements of libel are:

(a) imputation of a discreditable act or condition to

another;

(b) publication of the imputation;

(c) identity of the person defamed; and,

(d) existence of malice. [Article 353 of the Revised Penal Code of the Philippines; libel is

defined as Daez v. Court of Appeals, G.R. No. 47971, 31 October 1990,

191 SCRA 61, 67]

Libel law

“Words calculated to induce suspicion are sometimes more

effective to destroy reputation than false charges directly

made. Ironical and metaphorical language is a favored

vehicle for slander. A charge is sufficient if the words are

calculated to induce the hearers to suppose and

understand that the person or persons against whom they

were uttered were guilty of certain offenses, or are

sufficient to impeach their honesty, virtue, or reputation,

or to hold the person or persons up to public ridicule. . . . ”

[Lacsa v. Intermediate Appellate Court, 161 SCRA 427 (1988)

citing U.S. v. O’Connell, 37 Phil. 767 (1918)]

Libel law

The law also presumes that malice is present in every

defamatory imputation.

Article 354 of the Revised Penal Code provides that:

“Every defamatory imputation is presumed to be malicious,

even if it be true, if no good intention and justifiable motive

for making it is shown, except in the following cases:

1. A private communication made by any person to

another in the performance of any legal, moral or social

duty; and,

2. A fair and true report, made in good faith, without any

comments or remarks, of any judicial, legislative or other

official proceedings which are not of confidential nature, or

of any statement, report or speech delivered in said

proceedings, or of any other act performed by public officers

in the exercise of their functions.”

Copyright

Philippine copyright law is enshrined in

Republic Act No. 8293, the Intellectual Property Code

of the Philippines,

The law is partly based on United States copyright law and

the principles of the Berne Convention for the Protection of

Literary and Artistic Works. Unlike many other copyright

laws, Philippine copyright laws also protect patents,

trademarks, and other forms of intellectual property.

The law is enforced through a body established by the law:

the Intellectual Property Office, or IPO, and its various

branches. Copyright implementation is done with the

coordination of the IPO and the Copyright Division of

the National Library of the Philippines.

Copyright

The Intellectual Property Code splits works that may be

copyrighted into 17 classes, listed from A to Q. While all the

classes listed are specifically for copyrighted material,

trademarks and other forms of intellectual property,

depending on what it is, are covered as well. Patents do not

have a category. A: Literature (books, pamphlets, etc.)

B: Periodicals (newspapers, tabloids, magazines, etc.)

C: Public speeches and other public speaking works (speeches,

lectures, sermons, etc.)

D: Letters

E: Television or movie scripts, choreography, and entertainment in

shows

F: Musical works (lyrics, songs, song arrangements, etc.)

G: Art products (drawings, paintings. sculptures, etc.)

H: Ornamental designs and other forms of applied art (not

necessarily industrial designs)

Copyright

The Intellectual Property Code splits works that may be

copyrighted into 17 classes, listed from A to Q.

I: Geographical, topographical, architectural, and scientific

works (maps, charts, plans, etc.)

J: Scientific and technical drawings

K: Photographs and cinematographic works made in a process

similar to photography

L: Audio-visual works and cinematographic works made in a

process similar to making audio-visual works

M: Pictures used in advertising (includes logos)

N: Computer programs

O: Other works not covered in classes A-N of a literary, scholarly,

scientific, or artistic nature

P: Sound recordings

Q: Broadcasts

Under Philippine copyright law, moral rights are relatively

expansive on the behalf of the copyright holder, which are

listed below:

• Attribution

1. The right to be prominently displayed as the creator

of the copyrighted material, in any form practical to the

work

2. The right to change or even withhold the work from

circulation

• Integrity of ownership

1. The right to object to any alteration detrimental to

the name of the creator of the material

2. The right to restraining the use of the creator's name

in a work not of his making

Copyright

Optical Media Board (OMB) REPUBLIC ACT NO. 923

a.k.a. Videogram Regulatory Board (VRB), is

assigned to regulate the manufacture of optical

media in all its forms and impose stiffer fines

and penalties for its illegal reproduction.

Source: VRB

1. unreasonable intrusion upon the

seclusion of another;

• for example, physical invasion of a

person's home (e.g., unwanted

entry, looking into windows with

binoculars or camera, tapping

telephone, searching wallet or

purse, repeated and persistent

telephone calls, obtaining financial

data without person's consent, etc.

Privacy Laws:

4 basic kinds of privacy rights:

Under the law:


2. appropriation of a person's name or likeness;

successful assertions of this right commonly

involve defendant's use of a person's name or

likeness on a product label or in advertising a

product or service.

Under the law:


3. publication of private facts, for example, income

tax data, sexual relations, personal letters, family

quarrels, medical treatment, photographs of

person in his/her home.

4. publication that places a person in a false light,

which is similar to defamation. A successful

defamation action requires that the information be

false. In a privacy action the information is

generally true, but the information created a false

impression about the plaintiff.

rp media laws rk

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