Sanggalang ng Mamamahayag: A Deep Dive Into the Mass Media Laws and Regulations in the Philippines
tioners e Philippines nificant part in a nationalist tradition, with roots in the propaganda movement that inspired and aided the 1896 Philippine revolution against Spanish colonizers Through the years, the media has also grown into different other roles: public watchdog, educator, and entertainer. Needless to say, the "fourth estate" has a profound impact on society.
This book compiles the state of the Philippine media today, basic legal concepts, constitutional provisions, and special laws related on mass media, which hopefully demystifies laws, the courts and its ivory towers, and the system to better respect, fulfill, and protect the rights of all
Author
FEMMEIA RUTH JEWEL ROBLES
INTRODUCTION
The Philippines, operating under a democratic system, underscores the paramount importance of information mobilization and an individual’s right to access and interpret such information. However, in stark contrast with this democratic ideal, the Philippines is ensnared in an ongoing struggle between the populace and the government concerning preserving freedom of speech and the press.
The Commission on Human Rights (CHR) under Article III, Section 4 of the 1987 Constitution of the Republic of the Philippines states 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 ” This statement is a constitutional provision that emphasizes the protection of fundamental rights related to freedom of speech, expression, and the press, as well as the right to assemble and petition the government for redress of grievances peaceably. In essence, it means that no legislation should be enacted to limit or curtail these essential democratic freedoms.
The government is prohibited from passing laws that infringe upon the citizens’ right to express themselves, communicate through various mediums, and peacefully gather to address their concerns or seek remedies from the government for perceived injustices However, what should we do if such a law is not being followed and is often undermined by those in authority?
The questions lies on whether the fight for freedom remains in the dark or whether the voices of those who speak and fight are finally given a place in the conversation
Maria Ressa, Nobel Prize-winning Filipina journalist and co-founder of Rappler
THE STATE OF MEDIA TODAY
In a world where information is power, the duties of journalists lie in seeking the truth, conveying unbiased information to the public, and ensuring that the people are well-informed whatever the consequences may be. Yet are all of these enough in a time where they have exponentially been affected by the rise of lies and disinformation spreading across the masses?
Unfortunately, press freedom remains under threat in many parts of the world and journalists continue to walk on eggshells as attacks against press freedom intensify, where various journalists continuously face severe harassment, merciless imprisonment, and violence simply for doing their jobs In some instances, governments would
censor and impose other forms of restrictions to silence opposing voices and control the narrative
Just like the Filipino radio broadcaster and a loud critic of Pres Ferdinand Marcos Jr., Percy Lapid, who was shot dead on his way home sent a chilling message to all Filipino journalists and media outlets since the media as a watchdog must rightfully expose the loopholes in the democratic system, making it accountable, responsive, and people-centered because I firmly believe that a democracy without media is like a vehicle without wheels The freedom of the press and media are essential components to democracy and there must be a continuous fight for it in order to protect countries from declining democratically.
198 Filipino journalists have been killed in the Philippines since democratic rule was restored in 1986, according to the NUJP. Of these cases, only 17 have ever been resolved and the Philippines remains one of the most dangerous countries in the world to become a journalist.
Even after the first Marcos regime and the supposed democratization, journalists continue to face repression. It is no surprise, then, that the Philippines is one of the countries in the world where perpetrators of media killings are not brought to justice.
The Philippine legal system is a unique blend of customary usage, Roman civil law, Anglo-American common law systems, and Islamic law.! Laws in the country are derived from local indigenous and religious practice, codified rules and ordinances, legal precedents (or jurisprudence), and may consider social standards as well.
Most of the public law, such as constitutional law and administrative law, is patterned after common law doctrines; private law, such as laws on persons and family relations and criminal law, follows the civil law tradition. The coexistence of different systems is a result of a colonial history and integration policy for minorities
BASIC LEGAL CONCEPTS
The main sources of Philippine law are:
The 1987 Constitution - the fundamental and supreme law of the land; 1. Statutes - acts of the legislative (Congress), municipal charters, municipal legislation (Sanggunian), court rules, administrative rules and orders, legislative rules and presidential/ executive issuances
4.
2. International Laws - international principles or agreements with other states which have the same force of authority as statutes; and 3. Jurisprudence - decisions of the Supreme Court, as they establish an interpretation of law that is binding on all other courtts
CONSTITUTIONAL PROVISIONS
Citizens of a democratic society should also be vigilant in protecting these basic human rights by ensuring that certain laws are upheld. Information and communicationrelated laws, for example, not only ensure the rights of Filipinos to these processes but the laws also try to protect us when such rights are violated.
The foremost legal protection we all have is enshrined in the 1987 Constitution of the Philippines under Article 3 The foremost of these rights is Section 4 which states 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."
Section 7 also states, "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."
IS
the
Apart from the aforementioned constitutional guarantee that mandates access to information,
Freedom of Information Act in order to the Philippine government is yet to pass a
as a corollary to the right to establish the right to information
free expression. Philippine Congress is currently hearing various proposals for such an Act. Meanwhile, President Duterte has also issued Executive Order No. 2, Series of 2016 providing for access to information within the Executive Branch. However, it has been criticized for having also set a long list of exceptions that threaten to undermine its usefulness as an instrument of government transparency.
SPECIAL LAWS ON MASS MEDIA
SHIELD LAW
A "shield law" is a law designed to shield journalists from being forced to reveal the sources of information they gathered or obtained in confidence.
In 1946, officials passed the Sotto Law or Republic Act (RA) 53 to ensure writers from be uncover their sour
was the Philippines' Shield Law, an assurance of the hone, giving secrecy to sources as necesarry Republic Act No 11458 protects journalists from revealing the source of "any news item, report or information appearing or being reported or disseminated" unless the court or Congress "finds that such revelation is demanded by the security of the State "
R.A. 53 was later amended through R A 1477 which only provides protection for publisher, editor, columnist and accredited reporters of print media. It was authored by Sen. Vicente Yap Sotto, the late grandfather of Senate President Vicente Sotto III
The enactment of RA 11458, or the Act expanding the coverage of exemptions from revealing the source of published news or information obtained in confidence by including journalists from broadcast and news agencies, amending for the purpose Sec. 1 of RA No. 53, as amended by RA No 1477. The pertinent section of
of this measure states: Without prejudice to his liability under the civil and criminal laws, any
publisher, owner, or duly recognized or accredited journalist, writer, reporter, contributor, opinion writer, editor, columnist, manager, media practitioner involved in the writing, editing, production and dissemination of news for mass circulation, of any print, broadcast, wire service pub-
lisher, owner, or duly recognized or accredited journalist, writer, reporter, contributor, opinion writer, editor, columnist, manager, media practitioner involved in the writing, editing, production and dissemination of news for mass circulation. This law is a consolidation of Senate Bill No 1255 authored by Senate President Sotto and former Sen. Antonio Trillanes IV, and House Bill No. 684 authored by Cebu 1st District Rep. Raul del Mar.
Vicente Sotto III
The Philippine Cop right Law is
What is copyright?
Copyright refers to the collection of all rights enjoyed by the owner of an artistic or literary work.
FAIR ELECTION ACT
R.A. 9006, better known as the "Fair Election Act of 2001" provides that the Senate during the election period, supervise or regulate the enjoyment or utilization of all franchises or permits for the operation of media of communication or information to guarantee or ensure equal opportunity for public service, including access to media time and space, and the equitable right to reply, for public information campaigns and for among candidates and assure free, orderly, honest, peaceful, and credible cast e-
Fair Election Act leads citizens to have a successful result of honest process of election This act also guides the holding of systematic and credible elections through practices of fair election. lections. To ensure the objectives of the law, all candidates have to observe on lawful election propaganda, requirements for published or printed and broadcast election propaganda, election surveys, and equal access to media time and space.
RELATED ARTICLE
Article 8: Political Propaganda
Sec. 1. Equal opportunity in the access of airtime shall be given to candidates and political parties
Sec. 4. When a person employed or engaged in any capacity in a station becomes a candidate or is employed or retained in any capacity by a candidate or political party, he shall go on leave for the duration of the election period or his employment may be terminated by the station.
VIOLATIONS
No movie, cinematography or documentary portraying the life or biography of a candidate shall be publicly exhibited during the campaign period
If a person engaged in a station becomes a candidate or is employed by political party, he shall go on leave for the duration of the election
Equal opportunity in the access of airtime shall be given to candidates and political parties.
ANTI-WIRETAPPING LAW
The Congress passed the AntiWiretapping Law, R.A. 4200, in 1965 The law seeks to punish wiretapping and other related violations of the right to privacy of communication. It also intends to stop the practice by officers of the government of spying on one another a "most obnoxious instrument of oppression or arbitrary power." The law also declares inadmissible such illegally obtained recordings in civil, criminal, administrative and legislative hearings or investigations.
The law punishes the following acts: Wiretapping or using any other device or arrangement to secretly overhear, intercept or record a private communication, where the same is done pursuant to a court order and complies with all the conditions imposed by Section 3 of R A 4200
Possessing any tape, wire, disc or other record, or copies, of an illegally obtained recording of a private communication, knowing that it was illegally obtained; 2. Replaying an illegally obtained recording for another person, or communicating its contents, or furnishing transcripts of the communication, whether complete or partial 3.
Acts of peace officers (law enforcement agents) in violation of section 3 of R A 4200 on the proper procedure for securing and implementing a court order authorizing the wiretapping of a private communication 4.
The law also makes persons who "wilfully or knowingly aid, permit or cause to be done" the acts described above, equally liable as direct participants to the illegal wiretap or secret recording
Does the Anti-Wiretapping Law prohibit the recording of all communications?
No. The law prohibits the recording and interception only of private communications. By private conversations and communications, the law simply refers to communication between persons privately made.
a case regarding ANTI-WIRETAPPING LAW: The HELLO GARCI SCANDAL
The Hello Garci Scandal involved former president Gloria Macapagal-Arroyo, who allegedly rigged the 2004 national election in her favor. The official results of that election gave Arroyo and Noli de Castro the presidency and vice-presidency, respectively
Hundreds of national and local positions were also contested during this election. The scandal and crisis began in June 2005 when audio recordings of a phone call conversation between President Arroyo and then Election Commissioner Virgilio Garcillano, allegedly talking about the rigging of the 2004 national election results, were released to the public. This escalated when the minority of the lower house of Congress attempted to impeach Arroyo. This was blocked by Arroyo's coalition in September 2005 and no trial took place.
INTELLECTUAL PROPERTY CODE
The IPC breathes life to Sec 13 Art XIV of the Constitution which mandates that the State shall protect and secure the exclusive rights of scientists, investors, artists, and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such period as may be provided by law
The State recognizes that an effective intellectual and industrial property system is vital to the development of domestic and creative activity, facilitates transfer of technology, attracts foreign investments, and ensures market access for our products.
SCOPE
Copyright and Related Rights
Trademarks and Service Marks
Geographic indications
Industrial designs
Patents
Layout designs of Integrated Circuits
Protection of Undisclosed Information
The Intellectual Property Code aims to: Recognize that an effective intellectual and industrial property system is vital to the development of domestic and creative activity, facilitates transfer of technology, attracts foreign investments, and ensures market access for our products. 1
Protect and secure the exclusive rights of scientists, inventors, artists and other gifted citizens to their intellectual property and creations 2. Promote the diffusion of knowledge and information for the promotion of national development and progress and the common good.
4.
3. Streamline every administrative procedure of registering patents, trademarks and copyright, to liberalize the registration on the transfer of technology, and to enhance the enforcement of intellectual property rights in the Philippines.
The late Senator, Raul S. Roco, author of the Intellectual Property Code of the Philippines
CONCLUSION
Where do we go from here?
In navigating the complex landscape of press freedom in the Philippines, the path forward demands concrete policies and initiatives To effectively tackle the pressing challenges at hand, a comprehensive investigation and prioritization are imperative in the years to come. Ensuring the safety and security of the Filipino community hinges on the government playing an active role in safeguarding the rights and liberties of its people.
Trust and transparency are two of the indispensable pillars that must be upheld for the government to fulfill its duty as the head of the state. By amplifying these foundational elements, the government can foster an environment where its citizens feel secure in their rights and confident in the integrity of the state.
Protecting fundamental human rights and freedoms requires civic vigilance, awareness, and action. These initiatives contribute to helping initiate social change, empower the press, and demand accountability and transparency. As active participants in our national identity, our role in contributing to the betterment of the world necessitates a collective commitment to respecting and upholding fundamental rights
Alongside the duties and responsibilities of the state, our involvement remains just as critical.
Taking everything into account, the future envisions voices echoing justice, equality, and freedom. Active participation in our community requires a collective commitment to respecting fundamental rights. This commitment plants seeds for positive change, promising a future where voices resonate with justice, equality, and freedom
tioners e Philippines
nificant part in a nationalist tradition, with roots in the propaganda movement that inspired and aided the 1896 Philippine revolution against Spanish colonizers Through the years, the media has also grown into different other roles: public watchdog, educator, and entertainer. Needless to say, the "fourth estate" has a profound impact on society.
This book compiles the state of the Philippine media today, basic legal concepts, constitutional provisions, and special laws related on mass media, which hopefully demystifies laws, the courts and its ivory towers, and the system to better respect, fulfill, and protect the rights of all
