Article II Section 24The State recognizes the vital role of communicationand information in nation-building.
Article III Section 3(1) The privacy of communication andcorrespondence shall be inviolable except uponlawful order of the court, or when public safety ororder requires otherwise, as prescribed by law.(2) Any evidence obtained in violation of this or thepreceding section shall be inadmissible for anypurpose in any proceeding.
Article III Section 4No law shall be passed abridging the freedom ofspeech, of expression, or of the press, or the right ofthe people peaceably to assemble and petition thegovernment for redress of grievances.
Continuum of Rights (Free Expression)Protected SpeechPrior Restraint Subsequent Punishment(chilling effect)
Free speech/pressRight to organizeRight to assembly and petitionRight to associationRight to religious freedomRight to information
Importance of the GuaranteePromotes growth of individual and the nationMakes possible scrutiny of acts and conduct of publicofficialsInsure responsive and popular government
Article III Section 7The right of the people to information on matters ofpublic concern shall be recognized. Access to officialrecords, and to documents and papers pertaining toofficial acts, transactions, or decisions, as well as togovernment research data used as basis for policydevelopment, shall be afforded the citizen, subject tosuch limitations as may be provided by law.
Article XVI Section 2(1)The ownership and management of mass mediashall be limited to citizens of the Philippines, or tocorporations, cooperatives or associations wholly-owned and managed by such citizens.The Congress shall regulate or prohibit monopoliesin commercial mass media when the public interestso requires. No combinations in restraint of trade orunfair competition therein shall be allowed.
Article XVI Section 2(2) The advertising industry is impressed with publicinterest, and shall be regulated by law for the protectionof consumers and the promotion of the general welfare.Only Filipino citizens or corporations or associations atleast seventy per centum of the capital of which is ownedby such citizens shall be allowed to engage in theadvertising industry.The participation of foreign investors in the governingbody of entities in such industry shall be limited to theirproportionate share in the capital thereof, and all theexecutive and managing officers of such entities andmanaging officers must be citizens of the Philippines.
Mass Media Advertising100% Filipino 70% Filipino
Limitations on the Freedom of Mass Media“The best limitation of one’s right isanother person’s right.”"The right to swing my fist ends where theother mans 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 (rightto privacy)(4) to the integrity or efficiency of public bodies likeCongress and the courts. (trial by publicity)
Philippine Reality“The Philippines has the freest media in Asia but it in2009, it was the most dangerous place to become ajournalist.”The Philippines this year , 2013, has been rankedsixth most dangerous place on earthSwiss-based Press Emblem Campaign (PEC)
Right to PrivacyRight to know vs. Right to privacyStandard Rule: Reasonable Expectation of Privacy
What constitutes invasion of privacy?1. False Light2. Appropriation3. Revelation of Private Facts4. Physical Intrusion