Podcast
Questions and Answers
What is the consequence of the emergence and popularity of blogging according to the text?
What is the consequence of the emergence and popularity of blogging according to the text?
- People adversely affected by writings in this medium are bringing lawsuits to protect their name and reputation (correct)
- The Philippine Constitution no longer protects bloggers' right to free speech and expression
- Defamation laws have not extended to cyberspace
- Bloggers have unfettered license to write to the detriment of others
What is the primary basis for the guarantee of the right to freedom of expression according to the text?
What is the primary basis for the guarantee of the right to freedom of expression according to the text?
- Protecting people's name and reputation
- Extending defamation laws to cyberspace
- Popularity of blogging as a new form of expression
- Discovery of truth (free market of ideas) (correct)
Which of the following is NOT one of the intended learning outcomes mentioned in the text?
Which of the following is NOT one of the intended learning outcomes mentioned in the text?
- Argue or judge whether a particular exercise of free expression constitute libel and/or defamation
- Defend his rights to freedom of expression as well as to make or design his own blogs
- Discuss the tests in which a subsequent punishment may be allowed for a person who has abused his right to free expression (correct)
- Recognize the limitation of his right to free expression
A blog is a type of website that is usually maintained by an individual with regular entries of what?
A blog is a type of website that is usually maintained by an individual with regular entries of what?
What is the primary purpose of freedom of expression according to the text?
What is the primary purpose of freedom of expression according to the text?
Which constitutional provision explicitly protects freedom of expression in the Philippines?
Which constitutional provision explicitly protects freedom of expression in the Philippines?
What is the definition of libel under the Revised Penal Code?
What is the definition of libel under the Revised Penal Code?
What does the text state about the Philippine Constitution's protection of bloggers' right to free speech and expression?
What does the text state about the Philippine Constitution's protection of bloggers' right to free speech and expression?
What is the key exception to libel according to Article 354 of the Revised Penal Code?
What is the key exception to libel according to Article 354 of the Revised Penal Code?
Which element of freedom of expression protects against government restrictions before publication?
Which element of freedom of expression protects against government restrictions before publication?
Study Notes
The Blogger's Freedom of Expression and Libel Law
- The Philippine Constitution protects bloggers' right to free speech and expression, but this right is not absolute and is limited by the need to protect the reputation and name of others.
- Blogging, as a form of expression, may be subject to defamation laws, and writers may be held liable for libelous statements.
Bases of the Guarantee of the Right of Freedom of Expression
- Two main bases:
- Discovery of truth: free market of ideas where thoughts can be tested by their acceptability in the competition of the market.
- For self-government: people have the right to criticize public officials and express their opinions.
Scope of the Freedom of Expression
- Two constitutional provisions:
- 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 (Art. III, Sec. 4, Constitution).
- No person shall be detained solely by reason of his political beliefs and aspirations (Art. III, Sec. 18(1) Constitution).
Elements of Freedom of Expression
- Two elements:
- Freedom from Prior Restraint or Censorship: official governmental restrictions on the press or other forms of expression in advance of actual publication or dissemination.
- Freedom from Punishment: freedom from punishment for speaking out, without fear of vengeance from officials.
Libel
- Definition of libel: 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 cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead (Art. 353, Revised Penal Code).
- Requirements for libel:
- Publicity (Art. 354, Revised Penal Code).
- Exceptions:
- Private communication made by any person to another in the performance of any legal, moral or social duty.
- 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.
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Description
This quiz covers topics related to the blogger's freedom of expression and the libel law. Students are expected to understand the limitations of freedom of expression, consequences of abusing this right, and the elements of libel law.
