Press Freedom: The Philippine Context PDF

PRESS FREEDOM: The Philippine Context Four Parts FREEDOM OF EXPRESSION 1. dealing with civil actions 2. special proceedings Article III, Section IV...

PRESS FREEDOM: The Philippine Context Four Parts FREEDOM OF EXPRESSION 1. dealing with civil actions 2. special proceedings Article III, Section IV 3. criminal procedure - the core of media laws in the Philippines 4. evidence - no law shall be passed abridging the Civil action freedom of speech, of expression, or of the press, or the right of the people peaceably to - an ordinary suit in a court of justice by which assemble and petition the government for one party prosecutes another for the redress of grievances enforcement of a right, or the prevention or redress of a wrong THE MEANING OF THE LAW Criminal action Law - initiated either by a complaint or an - system of rules which a particular country or information community recognizes as regulating actions of its members and which it may enforce by FUNCTIONS OF MASS MEDIA (Harold the imposition of penalties Laswell) Jurisprudence 1. Surveillance of the environment – news 2. Correlation of the parts of society in - the theory or philosophy of law; a legal responding to the environment – editorial system selection, interpretation, and prescription - the jurisprudence that has given the life and 3. Cultural transmission – education and meaning to the various laws affecting mass socialization media in the Philippines is necessarily be 4. Entertainment - added by Charles Wright part of this communication media laws and 5. Edutainment – popular concept in ethics educational communication THE PHILIPPINE JUDICIAL SYSTEM THE PHILIPPINE PRESS Hierarchy of Courts - the freest in Asia - Supreme Court at the apex Spanish Era 2 Main Branches of Highly Developed Hierarchy - absolute censorship of Courts American Occupation 1. The court system proper or the integrated judicial system - dangerous tendency rule to determine - Supreme Court whether an utterance is seditious or not - Court of Appeals Japanese Occupation - Regional Trial Courts (courts of the first level or inferior courts; Metropolitan Trial Courts, - total censorship of all forms of mass media Municipal Trial Courts, and Municipal Circuit available Trial Courts) 2. Special or Administrative Tribunals Martial Law - quasi courts exercising judicial functions - freedom of expression is curtailed in the Rules of Court name of national security and public order - govern pleading, practice, and procedure before all courts - there is no trial by jury in the Philippines MEDIA LAW: MORE THAN JUST LIBEL policy development, shall be afforded the citizen, subject to such limitations as may be Section 24, Article II provided by law - the State recognizes the vital role of Section 4, Article III communication and information in nation- building - the most important Constitutional provision - no law shall be passed abridging the Section 11, Article XVI freedom of speech, of expression, or of the 1. the ownership and management of mass press, or the right of the people peaceably to media shall be limited to citizens of assemble and petition the government for Philippines, or to corporation, cooperatives, redress of grievances or associations, wholly owned and managed Free Speech Concepts by such citizens - the Congress shall regulate or prohibit - prior restraint monopolies in commercial mass media when - subsequent punishment the public interest so requires; no - clear and present danger combinations in restraint of trade or unfair - chilling effect competition therein shall be allowed 2. the advertising industry is impressed with Burgos v. Chief of Staff public interest, and shall be regulated by law - anti-Marcos publication Malaya is shut down for the protection of consumers and the when journalist Jose Burgos is arrested for promotion of the general welfare “subversion” - only Filipino citizens or corporations or associations at least seventy per centum of Babst v. National Intelligence Board the capital of which is owned by such citizens - critical journalists are “invited” to lengthy shall be allowed to engage in the advertising interviews by a panel of retired generals industry - the participation of foreign investors in the Bulletin Publishing v. Noel governing body of entities in such industry - no libel where the imputation is not shall be limited to their proportionate share in defamatory the capital thereof, and all the executive and managing officers of such entities must be New York Times v. United States citizens of the Philippines. - lays down the rule that restrictions against Section 3, Article III free speech “carry a heavy burden on unconstitutionality” 1. the privacy of communication and correspondence shall be inviolable except New York Times v. Sullivan upon lawful order of the court, or when public safety or order requires otherwise as - public figure rule in libel: In the Philippines, prescribed by law Borjal v. Court of Appeals and Vazquez v. 2. any evidence obtained in violation of this or Court of Appeals the preceding section shall be inadmissible Civil Code Article 26 for any purpose in any proceeding - every person shall respect the dignity, Section 7, Article III personality, privacy and peace of mind of his - the right of the people to information on neighbors and other persons. The following matters of public concern shall be and similar acts, though they may not recognized; access to official records, and to constitute a criminal offense, shall produce a documents and papers pertaining to official cause of action for damages, prevention and acts, transactions, or decisions, as well as to other relief: government research data used as basis for 1. Prying into the privacy of another's residence:  2. Meddling with or disturbing the private life or Libel Checklist family relations of another; - Is the subject named or otherwise 3. Intriguing to cause another to be alienated from his friends; identifiable? 4. Vexing or humiliating another on account of - Is the subject a “public figure?” his religious beliefs, lowly station in life, place - Is the statement about the subject of birth, physical defect, or other personal “defamatory?” condition. - Is your article simply factual reportage about an official or judicial proceeding? Special Laws - Can the subject attribute malice to you? - Anti-Wiretapping Law Obscenity and Censorship Law - Bank Secrecy Law - Prurient interest Invasion of Privacy Torts - Work is taken as a whole - Patently offensive depiction of sexual - the Civil Code recognizes “torts” which give conduct rise to damages - No serious literary, artistic, political, or 1. Appropriation scientific value - non-consensual use of image or likeness for a commercial or trade purpose Copyright Law 2. Intrusion - violates “reasonable expectation of privacy” - regulated by the Intellectual Property Code 3. Revelation of Private Facts - protects creative work from “the moment of - revelation of an “offensive” private fact creation” 4. False Light - copyright owners have the right to authorize - untrue representation of person or event public performance and reproduction Consent is also an issue in Privacy Law - Knowing consent? - Can the person legally give consent? - What is proof of consent? Article 353 of the Revised Penal Code - libel is 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 Elements of Libel MANILA HOSTAGE CRISIS Advises in Covering Hostage-taking Incidents and Other Crises (Bob Steele) Hostage Situation - refers to the unlawful abduction or restraint of one or more individuals with intent to restrict their freedom - is termed as crisis by the law enforcement officers and behavioral professionals Priorities in Dealing with Hostage Situations - preserve lives - apprehend the captors Stages of a Hostage Situation 1. Alarm Stage - the most traumatic and dangerous - the emotion of the hostage take is exceedingly in its highest peak 2. Crisis Stage - negotiation attempts are being initiated by the crisis negotiator - may start to feel three problems (isolation, claustrophobia, and sense of time) - hostage taker may inconsistently enforce numerous demands and petty rules and this may result to unsuccessful negotiation - the perpetrator seeks to destroy the victim’s sense of autonomy by depriving him of his basic needs 3. Accommodation Stage - distinguished by boredom and with moments of terror - considered as the longest yet is the most tranquil - Stockholm’s syndrome will likely to occur between the captors and the victims (a psychological response to being held captive; people with this form a psychological connection with their captors and begin sympathizing with them) 4. Resolution Stage - the hostage taker is being stressed out or fatigued of the situation - losing interest if the situation and lost most of his bargaining points - tension between the hostages, hostage taker and the crisis negotiator are notably low MEDIA CENSORSHIP Censorship The Right to Freedom of Expression Under - the control of information and ideas International Law circulated within a society (information which comes from books, plays, TV, radio, films, news report, the internet, and other forms of communication) - examination of books, periodicals, plays, films, television and radio programs, news reports, and other communication media for the purpose of altering or suppressing parts thought to be objectionable or offensive - suppression of speech, public communication, or other information, on the basis that such material is considered objectionable, harmful, sensitive, or inconvenient Causes of Censorship 1. Political Reasons - exists when a government attempts to conceal, fake, distort, or falsify information that its citizens receive by suppressing or crowding out political news that the public might receive through news outlets 2. Moral Reasons - the removal of materials that are obscene or otherwise considered morally questionable (ex. pornography, especially child pornography) Why do we need it? - to protect against hate and violence - to prevent certain groups, religious sectors, and people from getting offended - to protect children from unhealthy content - to provide us with a way to stop false content - to avoid virus and spam messages - to stop illegal materials in the internet - some uneducated people may not know complex ideas in politics - to minimize risks in national security Pros of Censorship - reduces negative influences, and hence, inappropriate behavior as well - can also be used to minimize impact of national disputes - can help protect user’s information - moral behavior is encouraged Movie and Television Review and Classification Cons of Censorship Board (MTRCB) - takes away a significant level of freedom - Lupon sa Rebyu at Kalsipikasyon ng Pelikula from people at Telebisyon - religion is often misused to promote - Philippine government agency under the censorship Office of the President that is responsible for - may lead to a flawed perception of reality the classification and review of television - people will often have a quite narrow horizon programs, motion pictures, and home videos - Formed on October 5, 1985 Religious Censorship - Diorella Maria Sotto-Antonio (chairperson) - a form of censorship where freedom of Committee to Protect Journalists (CPJ) expression is controlled or limited using religious authority or on the basis of the - an independent, nonprofit organization that teachings of the religion promotes press freedom worldwide Important Dates in the Martial Law Era - defend the right of journalists to report the news safely and without fear of reprisal How CPJ Protect Journalists Ways Marcos attacked Press Freedom 10 Most Censored Countries 1. Shutdown, takeover of private media 1. Eritrea - in his ascent to power, Marcos was well- 2. North Korea aware of the role that the media played in 3. Turkmenistan society, and he exerted considerable effort to 4. Saudi Arabia exercise control over it; by shutting down 5. China competing voices and setting up a media 6. Vietnam outlet that was under his control, Marcos 7. Iran silenced public criticism and controlled the 8. Equatorial Guinea information that the people had access to 9. Belarus - this was within the first week of his 10. Cuba declaration of Martial Law. - as justification for this mass sequestration of Countries were evaluated based on a series of media assets, the Letter of Instruction cited benchmarks, including: the involvement of these media outlets with the Communist movement; specifically, Marcos accused mainstream media of discrediting the administration, by propagating news that exposed its weaknesses to feed the flames of the Communist movement - on September 28, 1972, Marcos issued Letter of Instruction No. 1, authorizing the military to take over the assets of major media outlets including the ABS-CBN network, Associated Broadcasting Corp.  (ABC)/Channel 5, and various radio stations 5. Even religious publications weren’t able across the country. to escape Marcos’ order - ABC Facilities included: - In December 1976, Marcos ordered the radio stations DZMT, DZTM, and DZWS closure of two church publications sister radio stations in Davao City, Cebu City, - Marcos also shut down two church-operated Laoag City, and Dagupan City radio stations in Tagum, Davao and Channel 5 and its sister TV stations in the Malaybalay, Bukidnon in Mindanao cities of Davao and Cebu - Cardinal Jaime Sin (1928-2005) was 2. Arrest of journalists, media owners the Archbishop of Manila and the most - Teodoro Locsin, Sr., publisher of influential Roman Catholic leader in the the Philippines Free Press, was arrested and political and popular opposition against imprisoned on the first week of Martial Law, Ferdinand Marcos. along with Manila Times publisher, Chino - the last free publications left were Sign of the Roces, and several well-known journalists Times (a mimeographed weekly put out by including Amando Doronila, Luis Beltran, the Association of Major Religious Superiors Maximo Soliven, Juan Mercado, and Luis of the Philippines, the largest Catholic Mauricio. organization) and The Communicator (a - ABS-CBN owner, Eugenio Lopez Jr, was weekly newsletter published by the Jesuits) also arrested and imprisoned in Fort 6. Expulsion of, visa rejections for foreign Bonifacio. journalists 3. Blanket censorship, regulation - in 1977, the government also denied the visa - on September 25, 1972 the Department of application of Bernard Wideman, Public Information issued Department Order correspondent for the Hong Kong-based Far No. 1, which prescribed policies and Eastern Economic Review and The guidelines for the news media, strictly Washington Post, but later on rescinded defining the kind of reporting they should do (revoked) the order - there was a need for “news reports of - Arnold Zeitlin, Bureau Chief of the positive national value” to assist the Associated Press, was kicked out if the administration of martial law country for supposed malicious, false - prohibited media from carrying “any editorial reporting, Marcos accused him of allegedly opinion, commentary, comments or asides” endangering the security and prestige of the or any material critical of the military or law country enforcement agencies - required news agencies to get clearance from the agency before publishing or airing any content; this extended to all foreign dispatches and cables 4. Only Marcos-controlled media were allowed - Banahaw Broadcasting Corporation (BBC), owned by Marcos crony Roberto Benedicto - National Media Production Center (NMPC) - The Kanlaon Broadcasting System (KBS), another Benedicto-owned television station, took over the provincial stations to serve as platforms for government’s mass media peace-and-order campaigns - Radio Philippines Network, the Voice of the Philippines, Philippines Broadcasting System, and the Daily Express HISTORY OF PHILIPPINE PRESS - not only did it chronicle the country’s development, it also served as a literary and Umalohokan political force, and exponent of clear, concise - town crier writing and the highest quality in editing - served as the announcer of important news Manila Times such as new laws or policies enacted by the town’s chieftains - first newspaper in the English language ever published in this country Doctrina Christiana - established on October 11, 1898 - the first book printed in the Philippines - published by Thomas Cowan, an - primary goal of the book was to propagate Englishman. George Sellner joined the staff Christian teaching across the Philippine in 1899 as business manager and later archipelago bought the paper Successos Felices Kalayaan - first Philippine newsletter - official newspaper of the Katipunan - launched by Tomas Pinpin (Father or Filipino - was produced and circulated on the brink of Printing) in 1637 the revolution - written in Spanish and contained a 14-page - published in 1898 with Emilio Jacinto as report on current events editor Del Superior Govierno La Solidaridad - first actual newspaper - founded by Graciano Lopez Jaena in - launched by Gov. Fernandez del Forgueras Barcelona on August 8, 1811 - elitist, started by the Ilustrados (Filipino - the so-called first regularly issued publication educated class) who lived in Europe that reported developments about Spain and - organ of the Propaganda Movement Europe - aims to gather and discuss liberal ideas, - was also the first newspaper that included in problems of general national interest, and its layout the name, date and place of its advocate for the just aspirations of Spanish publication overseas provinces - unfortunately, the paper only came up with 15 issues within its years of operation from 1811 to 1832 La Esperanza - the first daily newspaper - December 1, 1846 - Edited by Felipe Lacorte and Evaristo Calderon - lasted only for three years Manila Bulletin - oldest existing newspaper in the country - started as a shipping journal in 1900 - its owner, publisher, and editor was Carson Taylor, an American in 1912 Philippine Free Press - oldest news weekly in the Philippines - established in 1907