9 Questions
What is the primary justification given in the text for the freedom of expression?
It is essential for the search of truth.
Which of the following is NOT a constitutional provision that protects freedom of expression in the Philippines?
The government can impose prior restraint on expression to protect public order and morality.
What is the key element of freedom of expression that would be undermined if citizens were punished for criticizing officials?
Freedom from punishment
What is the presumption regarding the maliciousness of a defamatory imputation under the Revised Penal Code?
Maliciousness is presumed if no good intention or justifiable motive is shown.
Which of the following is NOT considered a valid exception to the presumption of maliciousness in a defamatory imputation under the Revised Penal Code?
An act performed by public officers in the exercise of their functions.
What is the primary basis for the guarantee of the right to freedom of expression according to the passage?
The discovery of truth through a free market of ideas
Which of the following is NOT one of the intended learning outcomes listed in the passage?
Memorize the elements of libel
According to the passage, what is a blog?
A type of website maintained by an individual with regular entries of commentary, descriptions of events, or other material
What is the consequence of the emergence and popularity of blogging according to the passage?
People who were adversely affected by writings in this medium are bringing lawsuits to protect their name and reputation
Study Notes
Freedom of Expression
- Essential for the search of truth, allowing for the testing of ideas in the marketplace
- Crucial for self-government, as people have the right to criticize public officials
Constitutional Provisions
- No law shall be passed abridging the freedom of speech, expression, or the press, or the right to assemble and petition the government (Art. III, Sec. 4, Constitution)
- No person shall be detained solely by reason of their political beliefs and aspirations (Art. III, Sec. 18(1), Constitution)
Elements of Freedom of Expression
- Freedom from Prior Restraint or Censorship: no official governmental restrictions on the press or other forms of expression before publication
- Freedom from Punishment: citizens should not fear punishment for speaking their minds
Libel
- Definition: public and malicious imputation of a crime, vice, or defect, or any act that causes dishonor, discredit, or contempt (Art. 353, Revised Penal Code)
- Requirements for publicity:
- Every defamatory imputation is presumed to be malicious, unless good intention and justifiable motive are shown
- Exceptions: private communication, fair and true report of official proceedings, and statements made by public officers in the exercise of their functions
- Libel can be committed through writings or similar means (Art. 355, Revised Penal Code)
Blogger's Freedom of Expression and Libel Law
- Intended learning outcomes:
- Defend rights to freedom of expression and make/design own blogs
- Recognize limitations of the right to free expression
- Discuss tests for allowing subsequent punishment for abusing the right to free expression
- Familiarize with libel law and its elements
- Memorize elements of defamation
- Argue or judge whether a particular exercise of free expression constitutes libel and/or defamation
- Interpret libelous statements
- Conclude whether e-libel is included in the sphere of libel
Introduction
- Blogging as a new form of expression has extended the reach of defamation laws to cyberspace
- The Philippine Constitution protects bloggers' right to free speech and expression, but this does not give them unfettered license to write to the detriment of others
- A blog is a type of website maintained by an individual with regular entries of commentary, descriptions of events, or other material
Bases of the Guarantee of the Right of Freedom of Expression
- Discovery of truth through the free market of ideas
Test your knowledge on the freedom of expression, limitations, consequences of abuse, and libel law in relation to blogging. This quiz covers topics such as defending rights, recognizing limitations, punishment for abuse of expression, and understanding the elements of libel law.
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