Media Laws and Ethics (Part 3)
Summary
TLDRThis video script delves into media ethics, highlighting the prevalence of envelope journalism and its impact on journalistic integrity. It discusses the National Press Club's code of ethics for Filipino journalists and the importance of being a fair and objective watchdog in society. The script also outlines the limitations to press freedom, including libel, anti-obscenity laws, invasion of privacy, national security, contempt of court, and copyright law, emphasizing the balance between freedom of the press and the protection of individual rights.
Takeaways
- 💼 Envelop journalism is a common unethical practice where money is given to journalists to sway or silence their reporting.
- 📰 The National Press Club in the Philippines has a code of ethics that journalists are expected to follow to maintain integrity.
- 📜 The code of ethics for Filipino journalists includes responsibilities such as fair reporting, respecting confidentiality, and not letting personal interests influence their work.
- 🚫 Press freedom is not absolute and is limited by laws such as libel, anti-obscenity, invasion of privacy, national security, contempt of court, and copyright.
- ✍️ Libel is defined as a public and malicious imputation that can harm the reputation of an individual or entity.
- 📈 The discussion highlights that online libel is a growing concern and is treated similarly to traditional libel under the law.
- 🏛️ Regional trial courts have jurisdiction over libel cases, not municipal trial courts.
- 📅 The statute of limitations for filing a libel case is one year from the date of publication of the allegedly libelous material.
- 🔑 The essential elements of libel include a defamatory imputation, public publication, malicious intent, and identifiability of the person defamed.
- 🛡️ Defenses to libel include fair comment, apology or retraction, truth with good motives and justifiable ends, and self-defense against a prior libel.
Q & A
What is the definition of 'envelop journalism' mentioned in the script?
-Envelope journalism refers to the practice where a sum of money, usually placed in an envelope, is given by officials to journalists to either slant a story in their favor or to silence the reporter from writing about certain issues.
What was the outcome of the investigation conducted by the National Press Club after Beth Pango's expose?
-The investigation conducted by the National Press Club did not yield any results as some witnesses refused to cooperate, leading to the probe being called off.
What is the primary duty of journalists as stated in the NPC code of ethics?
-The primary duty of journalists, as stated in the NPC code of ethics, is to scrupulously report and interpret the news without suppressing essential facts or distorting the truth.
What are the six major limitations to press freedom mentioned in the script?
-The six major limitations to press freedom mentioned are libel, anti-obscenity law, invasion of privacy, law on national security, contempt of court, and copyright law.
What is libel and how does it relate to media ethics?
-Libel is defined as a public and malicious imputation of a crime, vice, defect, or any act tending to cause disorder, discredit, or contempt towards a person or entity. It relates to media ethics as journalists must avoid making false and damaging statements about individuals or organizations to maintain their integrity and adhere to ethical standards.
According to the script, what is considered as an invasion of privacy in media?
-Invasion of privacy in media includes unauthorized access to or disclosure of personal information that an individual has a reasonable expectation of privacy, such as unauthorized access to communications or revealing private details about an individual without their consent.
What is the role of journalists as described in the script in relation to the government?
-Journalists serve as the fourth estate, acting as a watchdog of society and fiscalizer alongside the other three branches of government: the executive, the legislative, and the judiciary. They must be fair, objective, and not corrupted.
What is the legal time limit for filing a libel case as per the script?
-The legal time limit for filing a libel case is one year from the date the alleged libelous article was published.
What are the four essential elements of libel as discussed in the script?
-The four essential elements of libel are: the imputation must be defamatory, the imputation must be made public, the imputation must be malicious, and the person defamed must be identifiable.
What are some defenses against a libel charge as mentioned in the script?
-Defenses against a libel charge include fair comment on qualifications of candidates for public office, apology or retraction, rectification or clarification, truth with good motives and justifiable ends, and self-defense.
Outlines
📰 Media Ethics and Envelop Journalism
This paragraph discusses the concept of media ethics, particularly focusing on the issue of 'envelop journalism,' which refers to the practice of giving money to journalists for biased reporting or to silence them. It mentions a specific case where Beth Pango, a congressional reporter, exposed the alleged bribery of journalists during a hearing involving a former trade and industry secretary. The expose led to an investigation by the National Press Club, which was eventually halted due to uncooperative witnesses. The paragraph also outlines the Code of Ethics for Filipino Journalists, emphasizing the importance of truthful reporting, respecting confidentiality, and maintaining professional integrity.
🏛️ Limits to Press Freedom
The second paragraph delves into the limitations of press freedom in a democratic society like the Philippines. It highlights that freedom of the press is not absolute and is subject to restrictions to protect individual privacy and public safety. The paragraph lists six major limitations: libel, anti-obscenity law, invasion of privacy, national security, contempt of court, and copyright law. Each limitation is briefly explained, providing examples of how press freedom can be curtailed under these circumstances.
📖 Defamation and Press Freedom
Paragraph three continues the discussion on press freedom by focusing on defamation, specifically libel. It defines libel and explains how it can be committed through various means, including online platforms. The paragraph also touches on the concept of slander, which is oral defamation. The discussion serves to illustrate how defamation laws can limit press freedom by holding publishers and journalists accountable for false and damaging statements.
🏢 Libel: Punishments and Regional Trial Courts
This paragraph addresses the legal aspects of libel, including the designated courts (regional trial courts) that handle libel cases. It outlines the rules for determining the venue for such cases, which can be based on the location of the publication or the residence of the offended party. The paragraph also discusses the statute of limitations for libel, which is one year from the date of publication, after which no legal action can be taken. Additionally, it lists the essential elements of libel, such as defamation, public imputation, malicious intent, and identifiability of the person defamed.
🚨 Elements and Examples of Libel
Paragraph five provides a deeper dive into the elements that constitute libel, offering examples for each. It explains that an imputation must be defamatory, meaning it must harm the reputation of an individual or entity. The paragraph gives instances of imputation of crimes, vices, defects, acts, missions, conditions, status, or circumstances that could be considered defamatory. It also emphasizes that for libel to occur, the imputation must be made public, even if it's just to a third party, not widely circulated.
🛡️ Defenses to Libel
The final paragraph discusses potential defenses against libel charges. It mentions fair comment on qualifications of public office candidates, apology or retraction, rectification or clarification, truth with good motives and justifiable ends, and self-defense. The paragraph clarifies that while truth is a defense, it must be accompanied by good intentions and proper purpose. It also notes that self-defense must be relevant and not exceed the bounds of what is legally permissible in response to a libelous imputation. The paragraph concludes with a general invitation for questions or comments, indicating the end of the discussion on media laws and ethics.
Mindmap
Keywords
💡Ethics
💡Envelope Journalism
💡Constitutional Provisions
💡Libel
💡Anti-Obscenity Law
💡Invasion of Privacy
💡National Security
💡Contempt of Court
💡Copyright Law
💡Code of Ethics for Filipino Journalists
💡Freedom of the Press
Highlights
Introduction to the topic of media ethics, focusing on the excesses of media and constitutional provisions affecting it.
Definition and discussion of envelope journalism, a practice where money is given to journalists for favorable coverage or silencing.
Real-life example of envelope journalism involving Beth Pango and the exposure of bribery during a congressional hearing.
The National Press Club's investigation into the bribery allegations and the subsequent lack of cooperation from witnesses.
Violation of the NPC's Code of Ethics for Filipino Journalists by journalists accepting bribes.
Full text of the Code of Ethics for Filipino Journalists, emphasizing truthful reporting, fair methods, and maintaining dignity.
The role of journalists as watchdogs of society and the importance of being fair, objective, and not corrupted.
Limitations to press freedom, including libel, anti-obscenity law, invasion of privacy, national security, contempt of court, and copyright law.
Explanation of libel, its definition, and how it can be committed through various means including online.
The penalties for libel and the role of the Regional Trial Court in trying libel cases.
Venue rules for filing libel cases and the one-year prescription period for the crime of libel.
Essential elements of libel, including the need for a defamatory imputation, public publication, malicious intent, and identifiability of the person defamed.
Examples of defamatory imputations, such as crimes, vices, defects, acts, missions, conditions, or circumstances that discredit a person.
The importance of public publication in libel cases and how it extends beyond wide circulation to any third-party communication.
Defenses to libel, including fair comment, apology, retraction, truth with good motives, self-defense, and the limitations of self-defense in libel cases.
Conclusion of the discussion on media laws and ethics, encouraging further questions and engagement.
Transcripts
[Music]
good day everyone and welcome to media
laws
and ethics last time we talked about the
excesses of media
the constitutional provisions affecting
the media
and now we will talk about ethics the
question of ethics
okay envelopmental journalism is now
common to those within the profession
and outside
this refers to a sum of money usually
placed in an envelope given by someone
scrupulous officials to some equally
unscrupulous newspaper men
the purpose of this gift is either to
have a story with a slant in his favor
to be written and published or
to silence the reporter or keep him from
writing about certain things that he
knew some years back
beth pango a congressional reporter for
the inquirer
wrote an expose about a paiola pango
said that during the hearing of a house
committee looking into alleged
participation of former trade and
industry secretary jose concepcion
in the luzon petrochemical deal some of
his aides
allegedly passed one thousand pesos in
crisp
100 peso bill to newsmen covering the
hearing
the expose created steer in media circle
and prompted the national press club to
conduct an investigation
after a series of closed door hearings
nothing came out of the case
npc officials explained that some of the
witnesses
refused to cooperate so that the probe
had to be called off
if the same is true those news men who
took the money have violated the npc
promulgated code of ethics for filipino
journalists
the following ladies and gentlemen is
the full text of
the code i shall scrupulously report and
interpret the news taking care not to
suppress
essential facts nor to distort the truth
by
emission or improper emphasis i
recognize the duty to air
the other side and the duty to correct
substantive errors promptly
i shall not violate confidential
information
and material given me in the exercise of
my calling
i shall resort only to fair and honest
methods in my effort to obtain news
photographs and documents
and shall properly identify myself as a
representative
of the press when obtaining any personal
interview
intended for publication i shall refrain
from writing reports which shall
adversely affect
a private reputation unless the public
interest
justifies it at the same time i shall
fight
vigorously for public access to
information
as provided for in the constitution i
shall not let personal motives or
interest
influence me in the performance of my
duties
nor shall i accept any offer any present
gift or other consideration of the
nature which may
cast doubt in my professional integrity
i shall not commit any act of plagiarism
i shall not in any manner ridicule
cast aspersions on or degrade
any person by reason of sex creed
religious belief political conviction
cultural
and ethnic origin i shall presume
persons accused of crime of being
innocent until proven otherwise
i shall exercise caution in publishing
names of minors and women involved in
criminal cases
so that they may not adjust they lose
their standing
in society i shall not take unfair
advantage
of a fellow journalist i shall accept
only some tasks
as are compatible with the integrity and
dignity
of my profession invoking the conscience
clause
when duties imposed on me conflict with
the voice of my conscience
i shall comport myself in public or
while performing my duties as
journalists
in such manner as to maintain the
dignity of my profession
when in doubt decency should be my
watchword
when you are in your practice ladies and
gentlemen we should be guided
by those principles
enunciated in the code of ethics for
filipino
journalists we should not lose sight of
the primary goal of journalists
and that is to be watchdog of
the society we are considered to be the
fourth
estate wherein we serve as the
fiscalizer
with the other three branches of the
government the executive
the legislative and the judiciary
so we have to be fair we have to be
objective we should not be
corrupted all right now in spite of the
constitutional guarantees freedom of the
press in a democratic society like what
we have in the philippines
has its own limits there's no absolute
freedom
in fact the same bill of rights which
guarantees our freedom of the press
provides that
the privacy of communication and
correspondence shall be invaluable
except upon lawful order of the court or
when public safety or order requires
otherwise as prescribed by law
this provision presupposes that even if
you enjoy
your freedom of the press you cannot pry
into the private communications of
another the state
has to protect other people's rights
okay
in the same way even if you have freedom
of speech you cannot just
freely say fire or there's a bomb here
in a crowd or in a movie house
or in a in an airport because the state
protects
other people's well-being your shout
could result in a panic
inside that movie house or inside
that airport as the case may be
now there are at least six major
limitations
to press freedom namely libel
anti-obscenity law invasion of privacy
law on national security contempt of
court
and the copyright law let's start off
with libel
libel is defined as a public and
malicious
imputation of a crime of a vice or
defect
real or imaginary or any act
a mission condition status or
circumstance
tending to cause disorder discredit or
contempt to a natural
or juridical person or to block in the
memory of one
who is dead the basis
of this is the revised penal code
and if you remember in the past we have
discussed that there is
also what we call online libel we will
extensively
discuss libel later on in our discussion
okay
we shall proceed now to the second
limitation
which is the anti-obscenity law these
are offenses against decency and good
costumes
and they are also penalized in the
revised penal code
this would include immoral doctrines
obscene publications or exhibitions and
indecent shows
publications or materials prohibited
under
under this law are those that tend to
glorify
criminals or condone them those that
serve no other purpose but satisfy the
market for violence
lust or pornography those that offend a
race or religion
abet trafficking and use or prohibited
drugs encourage
acts contrary to law public order morals
good customs established policies lawful
orders decrees
and ethics remember and cunning
anti-obscenity laws
ladies and gentlemen is something
offensive to chastity
decency and delicacy one example any
wherein a publication serve no other
purpose but to satisfy the market for
lust or pornography is say when
there's a picture of a man and a woman
having a corneal knowledge when you say
have your corneal knowledge having sex
okay and it will be published in a
newspaper and
there will be a caption and there will
be a story
out of that particular picture that is
a limitation to our press freedom
because
this serves no other purpose but for
lust no to satisfy the market for lust
and
that is not allowed
under the revised penal code okay
now on to the right of privacy we also
extensively discussed the right to
privacy so i will just
leave it at that and now on to the
law on national security under the
revised penal code any person who is
found to incite
people to sedition or rebellion or
commits acts that will endanger security
and safety of the state shall be
penalized when you say sedition
these are acts that are political in
social media
crime of the masses it happens when the
masses form into a vast
movement for the purpose of withdrawing
from the obedience of the government
laws territory deprivation of
the government the executive the
legislative to exercise their
prerogative
or function and this is basically a
political act okay some publications
that are considered seditious in the
past or the following
tend to incite others to sedition
constitutes corilous libels against the
government or against any of the
constituted authorities
then to disturb or obstruct any lawful
officer
executing the function of this office
then to instigate others to cable and
meet together for unlawful purposes
suggest or incite rebellious
conspiracies or
riots if you remember during the height
of the ecq a lot of cebuano individuals
were actually
arrested under the premise that they
were actually
inciting to sedition for posting
articles
or writing columns that would tend to
incite others to disobey
the lawful authority or to disobey the
orders of
the government next is contempt of court
judicial contempt may arise whether a
case is spending in court or not
when a case is spending the orderly
administration of justice is to be
protected
any improper conduct that tends to
directly or indirectly impede
obstruct or degrade the administration
of justice is
contempt of court a publication is
liable for contempt if it clearly shows
tendency to impede the administration of
justice
if it is directed toward the court and
is not a report of fair comment
upon an action before the court if it
takes place while the case is spending
or has not been decided yet
and lastly is the copyright law the
copyright law is designed to protect
intellectual property
applications for copyright can be filed
with the national
library and intellectual works that may
be copyrighted
include books periodicals lectures
dramatic
compositions maps etc etc
if a work is in
violation of the copyright law or if a
work is being infringed
the author of a particular work
or the original author of the work may
file
for an infringement proceedings and in
return
claim for damages
intellectual property okay
we now go to libel libel as earlier
discussed is a public and malicious
imputation of a crime or a vice or
defect
real or imaginary or any act
a mission condition status or
circumstance
tending to cause the disorder discredit
or contempt of a natural
or juridical person or to block in the
memory of
one who is dead now when you say public
kailangan okay
when you say imputation of a crime
result is to dishonor discredit
or contempt of a natural or juridical
person
when you say natural individuals we
persons here on earth able to walk able
to
see the light or stack
living living persons okay
when you say juridical persons these are
persons which are considered persons by
operation of law cunning corporations
partnerships okay they're considered to
be juridical persons
by fiction of law by operation of law
gita and personality okay
so if ever on university of the visayas
you will defame the university of the
visayas
you can be prosecuted for libel for
defaming
that judicial person and that is the
university of the visayas
also to bra to blacken the memory of one
who is dead
you can still be prosecuted for libel
okay
now what are the means by which libel is
committed
libel ladies and gentlemen may be
committed by means of writing
printing lithography engraving
radio pornograph painting
theatrical exhibition cinematographic
exhibition or any similar means
and remember the reigning suits any
similar means an
online libel can unlibel committed in
the internet
all right now when you say oral
defamation this is also a form of libel
though orally done and we call this as
slander okay slander ladies and
gentlemen
now you might ask my punishment
[Music]
the enjoyment ladies and gentlemen of a
private reputation
is as much a constitutional right as the
possession of life
liberty or property it is one of those
rights necessary
to human society that underlie the whole
scheme of civilization
the law recognizes the value of such
reputation and imposes upon him who
attacks it
by slanderous words or libelous
publication
the liability to make full compensation
for the damages
done all right now the question is asa
manify
unliable ladies and gentlemen the
regional trial court
has been specifically designated
to try a libel case it is not the
municipal trial court
but it is the regional trial court
now unto my venue a s
trial court a general rule anna ladies
and gentlemen is the action may be filed
in the rtc
of the province or city where the
libelous article is printed
and first published or were any of the
offended parties
actually reside at the time of the
commission
of the offence
if the offended party is a public
officer with office in manila at the
time the offense was committed
the venue is manila or the city or
province where the libelous article is
printed
and first published where an offended
party is a public official
with office outside of manila the venue
is the province
or the city where he held office at the
time of the commission of the offense
or where the libelous article is printed
and
published and lastly if definite party
is a private person
the venue is his place of residence at
the time of the commission of the
offense
or where the libelous is printed and
first
published the common feature of the
foregoing rules
is that whether the offended party is a
public officer a private person
he always has the option to file the
action
in the regional trial court of the
province or city
where the libelous article is printed or
first
published okay now you have to remember
that the crime of libel
prescribes in one year from the date the
alleged libelous article
was published example the alleged
libelous article was published today
october 15
2020 it prescribes in october 15
2021 so beyond october 15 2021
the offended party can no longer
institute a crime
for libel against you who allegedly
commits
that crime of libel okay so it
prescribes
in one year from the date the alleged
libelous article was published
all right now we move on to the
essential elements of light builder four
essential elements of libel namely
the imputation must be deathmatory the
imputation must be made public
the invitation must be malicious and the
person defamed must be
identifiable when can we say that the
imputation is defamatory it is
defamatory ladies and gentlemen when the
crime allegedly is committed by the
offended party
the vice or defect the real or imaginary
of the offended party is being imputed
upon in the libelous article
any act or mission condition status of
or circumstance
relating to the offended party which
tend to cause the disorder discredit or
contempt of a natural or juridical
person
or to broken the memory of one who is
dead those are the instances where in
an imputation may be considered as
defamatory
now what is an example of an imputation
of a crime example aniha
if there's an article that is published
and it portrays therein that the
offended party
was a swindler let's say
mayor juan de la cruz
and then he used that particular money
to construct a house
to the prejudice of all these
individuals
committed a crime of staff all right so
that particular instance is an
imputation of a crime ladies and
gentlemen
simply stated no comment imputation of a
crime
or crime okay that's an imputation of a
crime another example here is branding
somebody as having murdered his
brother-in-law
in reaching himself at the expense of
others who trusted him
calling one a bigamist and becoming rich
overnight
through questionable transactions and
influence peddling
winning in an election through
imputation of criminal acts tending to
cause dishonor discredit contempt
of the complainant these are just among
the examples
of an imputation of a crime
dominic
that is an imputation of a crime of
concubinage
so in this case c dominic can always
file for
libel on the basis nah there was a
defamatory
imputation over his person all right
now on to imputation of a vice or defect
whether it be real or imaginary
calling a barangay captain an ignoramus
is an imputation of a defect okay also
calling someone as one who grabs
another's husband
a flirt a temptress or one who indulges
in enticing others
husband that is also an imputation of a
defect because according to the supreme
court it does not necessarily mean
when you entice someone's husband you
become an
adult or adulteress as the case may be
okay so
in england supreme court in this case
that is just an imputation of a defect
or a vice whether it be real or
imaginary
now on to imputation of an act on a
mission or some example any
an article signed by the accused and
published in a newspaper
saying that the offended party used to
borrow money without intention of paying
that he had ordered the fixing of his
teeth without paying the fees for the
services rendered by the dentist
it contains an imputation of an act on a
mission which is defamatory ladies and
gentlemen
now imputation of condition status or
circumstance example is calling a person
a bastard or a leper
within the hearing of other persons is
defamatory
also writing and publishing an article
containing the words coward
vile soul dirty sucker savage hugg
who always looked toward the ground the
word fool or crazy becomes deformatory
if it is used to connote mental
aberration okay
the word also mankukulam is undoubtedly
an epithet of a
brion to say that complainant is a witch
in sorceress is to impute to her advice
a condition or a status that is
dishonorable and
contemptible this is the case of people
versus carmen
sario okay now you also have to remember
that one of the elements of libel is
that the imputation must be made public
okay
publication is the communication of the
defamatory matter to some third person
or persons
remember guys that libel is present not
only when it is widely circulated
but also when it is made known or
brought to the attention or notice of
another person
other than its author and the offended
party remembering abhisan pakusara
other than you and the offended party
that is already
libel there is already a publication of
that alleged libelous
publication okay so you have to remember
antibiotics
apart from the offended party and the
alleged person who committed libel
it's a certain libelous article that
already constitutes
publication ladies and gentlemen okay
now you have also to remember
that the person defamed must be
identifiable
in order to maintain a libel suit it is
essential that the victim be
identifiable da patna ilhan although it
is not necessary that he be
named guys
identifying
so as long as the third person can
identify
that the subject of that alleged
libelous publication
is that particular person that already
is considered to be
or that person is already concerned
considered to be
identifiable it is enough if by
intrinsic reference the allusion is
apparent
or if the publication contains matters
of description a reference to facts and
circumstance from which others reading
the article
may know that the plaintiff was intended
or if he is pointed out by extraneous
circumstances
so that persons knowing him could and
did understand
that he was the person referred to okay
so the good important thing up as long
as my identify
by some other people ladies and
gentlemen
last element is that the imputation must
be
malicious there must be an indication
ladies and gentlemen that the offender
is prompted by personal ill will or
spite
and speaks not in response to duty but
merely to endure the reputation
of the person defamed
there was malice in the publication
there are
however guys defenses to libel
usa is scanning fair comment on
qualifications of candidates of public
office
the mental the moral and the physical
fitness of candidates for public office
may be the object of comment and
criticism
the very fact of candidacy putting these
matters is issue
and the public having a right to be
informed as to the qualification of
those who seek
election and perhaps appointment to
public office
cunning apology or retraction and
retraction published to correct the
mistake
does not really wipe out the
responsibility arising from the
publication
of the libelous article or photograph as
the case may be
but it may mitigate the criminal
responsibility
also cannon rectification or
clarification this will also
not wipe out the responsibility arising
from the publication but
it will mitigate the criminal
responsibility
also we say that the truth is a defense
for libel but remember that the proof of
truth is not enough
it is always it is always required
that the matter charge as libelous was
published
not only on the basis of truth but with
good motives
and for justifiable ends okay
self-defense
is also a defense to justify once
hitting back with another libel
there must be a showing that he was
libel
okay i should not be prosecuted for
libel because it was only a self defense
amputation
imputation in order to properly post
this or interpose this as a defense
that was indeed first a libelous
imputation
against him or her okay
remember also that there's a limitation
to self-defense in libel
while a person may be legally justified
in defending himself
or his new relatives against libelous
articles nevertheless he may not use
offensive language against the libeler
and though a person may defend himself
from charges made against him he could
not make
against his library a counter-attack
which contains libelous statements not
pertinent to the matters charged and the
attack
if he does then he has exceeded his
privilege and the law shall give him no
protection so that ladies and gentlemen
concludes our discussion in media laws
and ethics i hope you learned something
from this
if you have questions feel free to
contact me
send a private message to my messenger
or comment down below
thank you very much
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