Laws on Mass Media

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.

Article III Section 4

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.

Continuum of Rights (Free Expression)Protected Speech

Prior Restraint Subsequent Punishment (chilling effect)

Free speech/press

Right to organizeRight to assembly and petitionRight to associationRight to religious freedomRight to information

Importance of the Guarantee

Promotes growth of individual and the nationMakes possible scrutiny of acts and conduct

of public officialsInsure responsive and popular government

Article III Section 7

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 2

(1)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. 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.

Article XVI Section 2

(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.

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. 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 and managing officers must be citizens of the Philippines.

Mass Media Advertising

100% Filipino 70% Filipino

Limitations on the Freedom of Mass Media

“The best limitation of one’s right is another person’s right.”

"The right to swing my fist ends where the other man's nose begins."

1) to the public order or security, (national security, clear and present danger)

(2) to the public morals (obscenity laws)(3) to private reputation and the right of

privacy (right to privacy)(4) to the integrity or efficiency of public

bodies like Congress and the courts. (trial by publicity)

Philippine Reality

“The Philippines has the freest media in Asia but it in 2009, it was the most dangerous place to become a journalist.”

The Philippines this year , 2013, has been ranked sixth most dangerous place on earth Swiss-based Press Emblem Campaign (PEC)

Maguindanao Massacre

Right to Privacy

Right to know vs. Right to privacy

Standard Rule: Reasonable Expectation of Privacy

What constitutes invasion of privacy?

1. False Light2. Appropriation3. Revelation of Private Facts4. Physical Intrusion