Study Guide for Module No. 4 - Freedom of Expression (PDF)

FM-AA-CIA-15 Rev. 0 10-July-2020 Study Guide in SP 101 – Social and Professional Issues Module No. 4 STUDY GUIDE FOR MODULE NO. 4 FREEDOM OF EXPRESSION MODULE OVERVIEW Ev...

FM-AA-CIA-15 Rev. 0 10-July-2020 Study Guide in SP 101 – Social and Professional Issues Module No. 4 STUDY GUIDE FOR MODULE NO. 4 FREEDOM OF EXPRESSION MODULE OVERVIEW Everyone has his right to freedom of speech and expression. This right includes freedom to express his opinions, to share and receive information and ideas without interference from public authority. This module discusses terminologies and concepts about one’s freedom of speech and expression. It aims to equip the students with relevant knowledge to determine whether his/her claim to the right to speak and express is within the scope guaranteed by the Constitution. MODULE LEARNING OBJECTIVES By the end of this module, you should be able to: 1. Defend his rights to freedom of expression. 2. Recognize the limitations of his freedom of expression LEARNING CONTENTS: SCOPE OF FREEDOM OF EXPRESSION Freedom of expression is a core human right which is guaranteed under international law and by virtually every constitutional bill of rights in the world. It is key to human development, dignity, personal fulfilment and the search for truth, and a fundamental pre-requisite for democracy and good governance. It facilitates free debate about and between competing political parties, enables citizens to raise concerns with authorities and ensures that new policies and legislation may be the subject of careful scrutiny. The quality of government is enhanced by free speech because it helps to ensure that authorities are competent and honest and allows individuals to voice concerns about and debate government action. Put differently, democratic values are under threat when information and ideas are not permitted to flow freely. The Philippine Constitution provides that “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.” Article III Section 4. But as to what extent can one enjoy his right to express his ideas and opinions? To protect the rights of persons having adverse political beliefs and aspirations, the Constitution further provides: “No person shall be detained solely by reason of his political beliefs and aspirations.” Article III Section 18. (1) Elements of Freedom of Expression 1. Freedom from Prior Restraint or Censorship – official governmental restrictions on the press or other forms of expression in advance of actual publication or dissemination. 2. Freedom from Punishment – exemption from punishment. Bases of the Guarantee of the Right of Freedom of Expression 1. Discovery of Truth – The freedom of expression is essential for the search of truth. 2. For Self-Government – “Public policy, the welfare of society, and the orderly administration of government demanded protection for public opinion. PANGASINAN STATE UNIVERSITY 1  FM-AA-CIA-15 Rev. 0 10-July-2020 Study Guide in SP 101 – Social and Professional Issues Module No. 4 Limitations of the Guarantee The exercise of freedom of expression carries with it duties and responsibilities and may be subject to conditions, restrictions and penalties as prescribed by law. This is necessary to national security territorial disorder or crime, for protection of morals, for protection of reputation and rights of others, for preventing disclosure of confidential information received and for maintaining the authority and impartiality of the judiciary. While the Philippine Constitution protects people’s rights to free speech and expression, this does not give them free license to write to the detriment of others. This means that the right to freedom free expression is NOT absolute and has limitations. Libel Definition - A libel is 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 dishonor, discredit or contempt of a natural or juridical person, or to blacken the memory of one who is dead. (Revised Penal Code, Article 353) Requirement for publicity – 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: a. A private communication made by any person to another in the performance of any legal, moral or social duty; and b. 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. (Revised Penal Code, Article 354) Libel means by writings or similar means – A libel committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means, shall be punished by prision correccional in its minimum and medium periods or a fine ranging from 200 to 6,000 pesos, or both, in addition to the civil action which may be brought by the offended party. (Revised Penal Code, Article 355) Elements of Defamation 1. There must be an imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance. 2. The imputation must be made publicly. 3. It must be malicious. 4. The imputation must be directed at a natural or juridical person, or one who is dead. Here the identity of the offended party must be clearly identified. 5. The imputation must tend to cause the dishonor, discredit, or contempt of the person defamed. 6. It must be in writing (for cyber libel; writing must be done through a computer system or any other similar means which may be devised in the future). PANGASINAN STATE UNIVERSITY 2  FM-AA-CIA-15 Rev. 0 10-July-2020 Study Guide in SP 101 – Social and Professional Issues Module No. 4 Immunity from Libel Notwithstanding the presence of all elements of libel, a person cannot be held liable for defamation if such is under privileged communication. Cyber libel and libel are distinguished as follows: 1. As to the manner of commission, ordinary libel is committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means, while cyber libel is committed through a computer system or any other similar means which may be devised in the future. 2. As to the venue of filing the complaint, ordinary libel is filed with the RTC of the province or city where the libelous article is printed and first printed or at the place where one of the offended parties actually reside at the time of the commission of the offense (Art. 360, RPC). As regards cyber libel, it is filed only with the RTC at the place where one of the offended parties actually reside at the time of the commission of the offense. 3. As to the penalty imposed, ordinary libel shall be punished by prision correccional in its minimum and medium periods or a fine ranging from 200 to 6, 000 pesos, or goth, in addition to the civil action which may be brought by the offended party. A cyber shall be punished by one degree higher. Key issues related to freedom of expression The Internet enables a worldwide exchange of news, ideas, opinions, rumors, and information. Its broad accessibility, open discussions, and anonymity make it a powerful communications medium. People must often make ethical decisions about how to use such remarkable freedom and power. 1. Controlling Access to Information on the Internet Although there are clear and convincing arguments to support freedom of speech online, the issue is complicated by the ease with which children can access the Internet. Even some advocates of free speech acknowledge the need to restrict children’s Internet access, but it is difficult to restrict their access without also restricting adults’ access and violating 2. Anonymity on the Internet Anonymous expression is the expression of opinions by people who do not reveal their identity. The freedom to express an opinion without fear of reprisal is an important right of a democratic society. Anonymity is even more important in countries that don’t allow free speech. However, in the wrong hands, anonymous communication can be used as a tool to commit illegal or unethical activities. 3. Hate Speech Persistent or malicious harassment aimed at a specific person is hate speech, which can be prosecuted under the law, but general, broad statements expressing hatred of an ethnic, racial, or religious group cannot. A threatening private message sent over the Internet to a person, a public message displayed on a Web site describing intent to commit acts of hate- motivated violence against specific individuals, and libel directed at a particular person are all actions that can be prosecuted. 4. Pornography Meriam Dictionary defines pornography as material (such as books or a photograph) that PANGASINAN STATE UNIVERSITY 3  FM-AA-CIA-15 Rev. 0 10-July-2020 Study Guide in SP 101 – Social and Professional Issues Module No. 4 depicts erotic behavior and is intended to cause sexual excitement. Clearly, the Internet has been a boon to the pornography industry by providing fast, cheap, and convenient access to a huge array of pornography Web sites. Access via the Internet enables pornography consumers to avoid offending others or being embarrassed by others observing their purchases. Reasonable steps include establishing a computer usage policy that prohibits access to pornography sites, identifying those who violate the policy, and taking action against those users—regardless of how embarrassing it is for the users or how harmful it might be for the company. LEARNING ACTIVITIES Individual Assessment Task 1 Refer to the scenario: Your 15-year-old nephew exclaims “Oh wow!” and proceeds to tell you about a very revealing photo attachment he just received in a text message from his 14-year-old girlfriend of three weeks. He can’t wait to forward the image to others in his school using the Snapchat application on his phone. What would you say to your nephew? Are further steps needed besides a discussion on sexting? Lifted from Reynold G.W., (2015), Ethics in Information Technology 5th Edition, Cengage Learning, USA Instructions for document format before submission: Encode your final answers in MS Word and submit on or before the given deadline. Your answer for each question should be a maximum of three sentences only. Check grammar, spelling errors before submitting. Place your name, year level and section at the beginning of the page. PANGASINAN STATE UNIVERSITY 4  FM-AA-CIA-15 Rev. 0 10-July-2020 Study Guide in SP 101 – Social and Professional Issues Module No. 4 Individual Assessment Task 2 Refer to the scenario: A coworker confides to you that he is going to begin sending emails to your employer’s internal corporate blog site, which serves as a suggestion box. He plans to use an anonymous remailer and sign the messages “Anonymous.” Your friend is afraid of retribution from superiors but wants to call attention to instances of racial and sexual discrimination observed during his five years as an employee with the firm. What would you say to your friend? Lifted from Reynold G.W., (2015), Ethics in Information Technology 5th Edition, Cengage Learning, USA Instructions for document format before submission: Encode your final answers in MS Word and submit on or before the given deadline. Your answer for each question should be a maximum of three sentences only. Check grammar, spelling errors before submitting. Place your name, year level and section at the beginning of the page. SUMMARY  The Philippine Constitution provides that “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.” Article III Section 4  The exercise of freedom of expression carries with it duties and responsibilities and may be subject to conditions, restrictions and penalties as prescribed by law.  A libel is 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 dishonor, discredit PANGASINAN STATE UNIVERSITY 5  FM-AA-CIA-15 Rev. 0 10-July-2020 Study Guide in SP 101 – Social and Professional Issues Module No. 4 or contempt of a natural or juridical person, or to blacken the memory of one who is dead. (Revised Penal Code, Article 353)  Cyber libel and libel are distinguished to the manner of commission, the venue of filing the complaint and the penalty imposed.  Key issues related to freedom of expression includes controlled access to information on the Internet, anonymity on the Internet, hate speech and pornography. REFERENCES  Lavina, C.G. (2015). Social, Ethical, Legal and Professional Issues in Computing with complete explanation of the Philippine. Manila: Cybercrime Laws.Mindshapers Co., Inc.  Reynold G.W., (2015), Ethics in Information Technology 5 th Edition, Cengage Learning, USA  www.officialgazette.gov.ph  Freedom of Expression and the Media – Baseline Studies https://www.article19.org/data/files/pdfs/publications/philippines-baseline-study.pdf  https://www.equalityhumanrights.com/en/human-rights-act/article-10-freedom- expression#:~:text=Everyone%20has%20the%20right%20to,authority%20and%20regardles s%20of%20frontiers. PANGASINAN STATE UNIVERSITY 6