Limitations of the Press Freedom

8/12/2019 Limitations of the Press Freedom

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Limitations of the Pres

FreedomOlbesDionedaOrtiz


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LIBEL

a public and malicious imputation of a crime, of a vice or defect, r

imaginary, or any act, omission, condition, status, or circumstance

cause discredit, dishonor or contempt to a natural or juridical persblacken the memory of one who is dead (Article 353, evised !e


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DEFENSES AGAINST LIBEL

$wo main defenses against %ibel&

A' ustification

)' *octrine of !rivileged "ommunication

+A*-./A$- 0 !A$+A% *-1-2-2 AA+2$ %+)-%'A' etraction or Apology

)' ectification

"' !roof of $ruth

*' 2elf defense

-' 1air comment on matters of public interest'

1' 1air comment on 4ualification of candidates for public offices'

' o actual arm


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MAO! DEFENSES AGAINST LIBEL

Do$trine of Pri%ile&ed #omm'ni$atio

ABSOL"TE P!I(ILEGED #OMM"NI#ATION

$his right is granted to members of the legislature who a

immune from prosecution of libel for any speech or deba

e6ercise of their legislative building' $his privileged is anon the belief that the duties and responsibilities of memb

congress are paramount importance'


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)"ALIFIED P!I(ILEGED

#OMM"NI#ATION

A privileged speech of a senator or a member of the ouse of epresentat

be used as a basis to charge him criminally or hold him civilly liable'

A complaint or a petition or some other kinds of a pleading or a motion filed

4uasi7judicial bodies'

statements made in governmental reports of official proceedings

statements made by lower government officials such members of town or lociti8en testimony during legislative proceedings

statements made in self7defense or to warn others about a harm or danger

certain types of statements made by a former employer to a potential emplo

the employee, and

published book or film reviews that constitute fair criticism


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MAO! DEFENSES AGAINST LIBEL

Do$trine of Pri%ile&ed #omm'ni$atio

)"ALIFIED P!I(ILEGED #OMM"NI#ATION$his includes fair and true reports made in good faith, without any

or remarks of judicial, legislative or e6ecutive proceedings which a

confidential in nature, or any statements, report or speech delivereofficers in the e6tension of their official functions'


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LIBEL

!etra$tion or A*olo&+

+t is the withdrawal or taking back of the libelous matter that has b

uttered or published'

A retraction will show the good motive of the defendant and era

claim of malice by the complainant' 1or a retraction to become

defense, it should be done in good faith and must be given the

publicity and prominence as the defamatory utterance or public

$he retraction should contain an admission of the incorrectness

falsity of the libelous publication and evince a desire to repair th

occasioned thereby' (2otello 9atti vs' )ulletin !ublishing "o', 3


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LIBEL

!e$tifi$ation

ectification or clarification does not wipe out the respon

arising from the publication of the first article although, it

should mitigate' (imene8 vs' eyes, ;< !hil' 5;= !olicar9anila $imes !ublishing "o', +nc', 55 2"A >?@#


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LIBEL

Proof of Tr'th

hen the act or mission imputed constitutes a crime re

of whether the offended party is a private individual or

officer=

hen the offended party is a government employee, e

act or mission does not constitute a crime, provided it

to the discharge of his official duties (Art' 3:>, !"#


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INADE)"ATE O! PA!TIAL DEFENSE

AGAINST LIBEL

$hat the libel is due to an honest mistake' $his presupposes absence o

evil motive'

$hat the person libeled has a poor reputation

$hat the libelous matter had been previously published in a foreign mag

No a$t'al harm7 A defendant could also argue that the statement did harm the person' arm is part of the definition of defamation, so if the

reputation is not harmed there is no slander or libel' 1or e6ample, a fal

statement that is clearly ridiculous and believed by no one cannot provi

recovery for defamation'


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DO#T!INE OF FAI! #OMMENT


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DO#T!INE OF FAI! #OMM

1or the comment to be considered fair and, therefore, free from lia

must be&

a'An intellectual appraisal or evaluation'

b' 1ounded on facts, or what in the mind of a reasonable man would norma

accepted as factsc' 1ree from any imputation or sordid or corrupt motives'

d' $he result of honest opinion

e' 1ree from malice'

f' /pon a subject possessing public interest'


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LIMITATION OF P!ESS

F!EEDOM


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LIMITATION OF P!ESS F!EED

$he privacy of communication and corresponden

be inviolable e6cept upon lawful order of the cour

when public safety or order re4uires otherwise asprescribed by law'


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ANTI OBS#ENIT, LA-


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ANTI OBS#ENIT, LA-

0ffenses against decency and good customs are

penali8ed under Article ;C> of the evised !enal

(as amended by !'*' o' D:C# $hese include imm

doctrines, obscene publications or e6hibitions and

indecent shows'


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ANTI OBS#ENIT, LA-

!ublications or materials published prohibited under this law

a#lorify criminals or condone crimes

b#2erve no other purpose but satisfy the market for violence, lust an

pornography

c#0ffend a race or religion

d#Abet traffic in and use of prohibited drugs

e#-ncourage acts contrary to law, public order, morals, good custom

established policies, lawful orders, decrees and edicts'


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!IG.T OF P!I(A#,

A personEs right to privacy is guaranteed by the constitut

publication or disclosure of any of his private affairs, thou

necessarily libelous, may cause embarrassment or injurerelations with his fellow men' $he civil code provides tha

person shall respect the dignity, personality, privacy and

mind of his neighbors and other persons'


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!IG.T OF P!I(A#,

$he following and similar acts, although they may not co

criminal offense, may produce cause of action for damag

other reliefs&

># $he public dissemination of letters and other private commuwithout the consent of the writer or his heirs=

;# $he publication of a picture or photograph without the conse

subject who is not a public figure, especially if it is used for c

purposes'


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LA-S ON

NATIONAL SE#"!IT,


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LA-S ON NATIONAL SE#"!IT,

/nder Article >3@ of the evised !enal "ode, any

who is found to incite people to sedition or comm

that will endanger national security and safety of tstate, shall be penali8ed'


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LA-S ON NATIONAL SE#"!IT

!ublications are seditious when&

># $end to incite others to sedition

;# "onstitute scurrilous libels against the government or against any of the

authorities'

3# $end to disturb or obstruct any lawful officer in e6ecuting the obstruct funoffice'

?# $end to instigate others to cabal and meet together for unlawful purpose

5# 2uggests or incite rebellious conspiracies or riots

:# %ead or tend to stir up people against the lawful authorities or to disturb t

the community, as well as the safety and orders of the government'


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#OP,!IG.T LA-


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#OP,!IG.T LA-

$he law is designed to protect intellect

property' Application for copyright can bwith the ational %ibrary'


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#OP,!IG.T LA-

)ooks, including cyclopedia works, manuscripts, directories, ga8etteers and

compilations=

!eriodicals, including pamphlets

0ral *eliveries, %ectures, 2ermons

9usical or *ramatic "omposition

9aps, *rawings, 2ketches

9odels or *esigns

eproduction of work of arts

-ngraving, !hotographs


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#ONTEMPT OF #O"!T

hen a case is pending, the orderly administratio

justice is to be protected' Any improper conduct th

tends to directly or indirectly obstruct or degrade tadministration of justice is "ontempt of "ourt'


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#ONTEMPT OF #O"!T

A publication is liable for contempt if&

>' +t clearly shows tendency to impede the administration of jus

;' +t is directed toward the court and is not a report of fair comman action before the court'

3' +t takes place while the case is pending or has not been dec


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Olbes/ Mar+ ean G0

Dioneda/ Tra$+

Ortiz/ ar%is L+le

$hank you for len

your earsF A )righ

9orning -veryon

Limitations of the Press Freedom

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