Media Laws and Ethics (Part 3)

Darchy Wagas
15 Oct 202028:26

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

00:00

📰 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.

05:01

🏛️ 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.

10:03

📖 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.

15:05

🏢 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.

20:06

🚨 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.

25:08

🛡️ 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

Ethics refers to the moral principles that govern a person's behavior or the conducting of an activity. In the context of the video, ethics is a central theme, particularly in discussing how journalists should act responsibly and with integrity. The video mentions the Code of Ethics for Filipino Journalists, emphasizing the need for journalists to report truthfully and without bias.

💡Envelope Journalism

Envelope Journalism is a term used to describe the unethical practice where journalists accept bribes, often in the form of an envelope containing money, to slant news coverage in favor of the payer or to suppress certain stories. The video script mentions this practice as an example of unethical behavior within the media industry.

💡Constitutional Provisions

Constitutional Provisions refer to the rights and protections granted by a country's constitution. The video discusses how these provisions affect the media, particularly in terms of freedom of the press. An example from the script is the discussion on how the constitution provides for freedom of the press but also places limits on this freedom.

💡Libel

Libel is a legal term referring to a published false statement that is damaging to a person's reputation. The video script delves into the definition of libel, its consequences, and how it is treated under the law. It is presented as one of the major limitations to press freedom.

💡Anti-Obscenity Law

Anti-Obscenity Law pertains to legislation that prohibits the dissemination of obscene materials. In the video, this law is mentioned as a limitation to press freedom, where the script gives an example of a publication that could be considered obscene and thus受限 under this law.

💡Invasion of Privacy

Invasion of Privacy refers to the unethical or illegal intrusion into someone's private life without permission. The video discusses this as a limitation to press freedom, emphasizing that journalists must respect the privacy of individuals even while exercising their right to free speech.

💡National Security

National Security is the state of being protected from threats to a country's safety. In the context of the video, it is mentioned as a reason that could limit press freedom. The script explains that publications that incite sedition or rebellion can be penalized under national security laws.

💡Contempt of Court

Contempt of Court refers to any behavior that interferes with the judicial process. The video script mentions this as a limitation to press freedom, where publications that impede the administration of justice can be considered in contempt.

💡Copyright Law

Copyright Law is the body of law that protects original works of authorship, including literary, dramatic, musical, and artistic works. The video script discusses how this law can limit press freedom by protecting intellectual property and preventing unauthorized use of copyrighted material.

💡Code of Ethics for Filipino Journalists

The Code of Ethics for Filipino Journalists is a set of guidelines that journalists in the Philippines are expected to follow to ensure responsible and ethical reporting. The video script quotes this code, emphasizing the duties of journalists to report accurately, respect confidentiality, and avoid conflicts of interest.

💡Freedom of the Press

Freedom of the Press is the right to communicate and publish opinions, ideas, and information without censorship or restraint by the government. The video script discusses this concept, highlighting that while the press has constitutional guarantees for freedom of expression, this freedom is not absolute and is subject to certain limitations.

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

play00:00

[Music]

play00:04

good day everyone and welcome to media

play00:06

laws

play00:07

and ethics last time we talked about the

play00:10

excesses of media

play00:12

the constitutional provisions affecting

play00:15

the media

play00:16

and now we will talk about ethics the

play00:19

question of ethics

play00:21

okay envelopmental journalism is now

play00:24

common to those within the profession

play00:26

and outside

play00:27

this refers to a sum of money usually

play00:29

placed in an envelope given by someone

play00:31

scrupulous officials to some equally

play00:33

unscrupulous newspaper men

play00:35

the purpose of this gift is either to

play00:39

have a story with a slant in his favor

play00:41

to be written and published or

play00:44

to silence the reporter or keep him from

play00:47

writing about certain things that he

play00:49

knew some years back

play00:51

beth pango a congressional reporter for

play00:53

the inquirer

play00:54

wrote an expose about a paiola pango

play00:57

said that during the hearing of a house

play00:59

committee looking into alleged

play01:00

participation of former trade and

play01:02

industry secretary jose concepcion

play01:05

in the luzon petrochemical deal some of

play01:08

his aides

play01:08

allegedly passed one thousand pesos in

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crisp

play01:12

100 peso bill to newsmen covering the

play01:15

hearing

play01:15

the expose created steer in media circle

play01:19

and prompted the national press club to

play01:22

conduct an investigation

play01:24

after a series of closed door hearings

play01:26

nothing came out of the case

play01:27

npc officials explained that some of the

play01:30

witnesses

play01:31

refused to cooperate so that the probe

play01:33

had to be called off

play01:35

if the same is true those news men who

play01:39

took the money have violated the npc

play01:42

promulgated code of ethics for filipino

play01:44

journalists

play01:45

the following ladies and gentlemen is

play01:47

the full text of

play01:48

the code i shall scrupulously report and

play01:52

interpret the news taking care not to

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suppress

play01:55

essential facts nor to distort the truth

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by

play01:58

emission or improper emphasis i

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recognize the duty to air

play02:03

the other side and the duty to correct

play02:06

substantive errors promptly

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i shall not violate confidential

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information

play02:11

and material given me in the exercise of

play02:14

my calling

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i shall resort only to fair and honest

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methods in my effort to obtain news

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photographs and documents

play02:24

and shall properly identify myself as a

play02:26

representative

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of the press when obtaining any personal

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interview

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intended for publication i shall refrain

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from writing reports which shall

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adversely affect

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a private reputation unless the public

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interest

play02:40

justifies it at the same time i shall

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fight

play02:44

vigorously for public access to

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information

play02:47

as provided for in the constitution i

play02:50

shall not let personal motives or

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interest

play02:53

influence me in the performance of my

play02:55

duties

play02:56

nor shall i accept any offer any present

play03:00

gift or other consideration of the

play03:02

nature which may

play03:04

cast doubt in my professional integrity

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i shall not commit any act of plagiarism

play03:10

i shall not in any manner ridicule

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cast aspersions on or degrade

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any person by reason of sex creed

play03:20

religious belief political conviction

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cultural

play03:23

and ethnic origin i shall presume

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persons accused of crime of being

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innocent until proven otherwise

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i shall exercise caution in publishing

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names of minors and women involved in

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criminal cases

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so that they may not adjust they lose

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their standing

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in society i shall not take unfair

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advantage

play03:44

of a fellow journalist i shall accept

play03:47

only some tasks

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as are compatible with the integrity and

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dignity

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of my profession invoking the conscience

play03:55

clause

play03:56

when duties imposed on me conflict with

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the voice of my conscience

play04:00

i shall comport myself in public or

play04:03

while performing my duties as

play04:05

journalists

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in such manner as to maintain the

play04:07

dignity of my profession

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when in doubt decency should be my

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watchword

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when you are in your practice ladies and

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gentlemen we should be guided

play04:19

by those principles

play04:23

enunciated in the code of ethics for

play04:27

filipino

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journalists we should not lose sight of

play04:31

the primary goal of journalists

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and that is to be watchdog of

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the society we are considered to be the

play04:41

fourth

play04:42

estate wherein we serve as the

play04:44

fiscalizer

play04:46

with the other three branches of the

play04:48

government the executive

play04:50

the legislative and the judiciary

play04:54

so we have to be fair we have to be

play04:56

objective we should not be

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corrupted all right now in spite of the

play05:01

constitutional guarantees freedom of the

play05:04

press in a democratic society like what

play05:06

we have in the philippines

play05:08

has its own limits there's no absolute

play05:11

freedom

play05:12

in fact the same bill of rights which

play05:14

guarantees our freedom of the press

play05:16

provides that

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the privacy of communication and

play05:19

correspondence shall be invaluable

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except upon lawful order of the court or

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when public safety or order requires

play05:26

otherwise as prescribed by law

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this provision presupposes that even if

play05:30

you enjoy

play05:31

your freedom of the press you cannot pry

play05:34

into the private communications of

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another the state

play05:38

has to protect other people's rights

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okay

play05:42

in the same way even if you have freedom

play05:44

of speech you cannot just

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freely say fire or there's a bomb here

play05:49

in a crowd or in a movie house

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or in a in an airport because the state

play05:55

protects

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other people's well-being your shout

play06:00

could result in a panic

play06:02

inside that movie house or inside

play06:05

that airport as the case may be

play06:08

now there are at least six major

play06:10

limitations

play06:12

to press freedom namely libel

play06:15

anti-obscenity law invasion of privacy

play06:19

law on national security contempt of

play06:22

court

play06:22

and the copyright law let's start off

play06:26

with libel

play06:27

libel is defined as a public and

play06:30

malicious

play06:30

imputation of a crime of a vice or

play06:33

defect

play06:34

real or imaginary or any act

play06:38

a mission condition status or

play06:40

circumstance

play06:41

tending to cause disorder discredit or

play06:44

contempt to a natural

play06:46

or juridical person or to block in the

play06:49

memory of one

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who is dead the basis

play06:54

of this is the revised penal code

play06:58

and if you remember in the past we have

play07:02

discussed that there is

play07:03

also what we call online libel we will

play07:06

extensively

play07:08

discuss libel later on in our discussion

play07:11

okay

play07:11

we shall proceed now to the second

play07:15

limitation

play07:16

which is the anti-obscenity law these

play07:18

are offenses against decency and good

play07:21

costumes

play07:22

and they are also penalized in the

play07:24

revised penal code

play07:25

this would include immoral doctrines

play07:28

obscene publications or exhibitions and

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indecent shows

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publications or materials prohibited

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under

play07:35

under this law are those that tend to

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glorify

play07:39

criminals or condone them those that

play07:42

serve no other purpose but satisfy the

play07:44

market for violence

play07:46

lust or pornography those that offend a

play07:49

race or religion

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abet trafficking and use or prohibited

play07:52

drugs encourage

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acts contrary to law public order morals

play07:57

good customs established policies lawful

play08:00

orders decrees

play08:01

and ethics remember and cunning

play08:04

anti-obscenity laws

play08:05

ladies and gentlemen is something

play08:07

offensive to chastity

play08:10

decency and delicacy one example any

play08:14

wherein a publication serve no other

play08:17

purpose but to satisfy the market for

play08:20

lust or pornography is say when

play08:23

there's a picture of a man and a woman

play08:26

having a corneal knowledge when you say

play08:28

have your corneal knowledge having sex

play08:29

okay and it will be published in a

play08:33

newspaper and

play08:34

there will be a caption and there will

play08:36

be a story

play08:37

out of that particular picture that is

play08:41

a limitation to our press freedom

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because

play08:44

this serves no other purpose but for

play08:47

lust no to satisfy the market for lust

play08:50

and

play08:51

that is not allowed

play08:54

under the revised penal code okay

play08:58

now on to the right of privacy we also

play09:01

extensively discussed the right to

play09:02

privacy so i will just

play09:04

leave it at that and now on to the

play09:08

law on national security under the

play09:10

revised penal code any person who is

play09:12

found to incite

play09:14

people to sedition or rebellion or

play09:17

commits acts that will endanger security

play09:20

and safety of the state shall be

play09:21

penalized when you say sedition

play09:25

these are acts that are political in

play09:27

social media

play09:29

crime of the masses it happens when the

play09:32

masses form into a vast

play09:35

movement for the purpose of withdrawing

play09:38

from the obedience of the government

play09:40

laws territory deprivation of

play09:44

the government the executive the

play09:47

legislative to exercise their

play09:49

prerogative

play09:50

or function and this is basically a

play09:53

political act okay some publications

play09:57

that are considered seditious in the

play09:58

past or the following

play10:00

tend to incite others to sedition

play10:02

constitutes corilous libels against the

play10:04

government or against any of the

play10:06

constituted authorities

play10:08

then to disturb or obstruct any lawful

play10:10

officer

play10:11

executing the function of this office

play10:16

then to instigate others to cable and

play10:18

meet together for unlawful purposes

play10:20

suggest or incite rebellious

play10:22

conspiracies or

play10:23

riots if you remember during the height

play10:27

of the ecq a lot of cebuano individuals

play10:31

were actually

play10:32

arrested under the premise that they

play10:35

were actually

play10:35

inciting to sedition for posting

play10:38

articles

play10:40

or writing columns that would tend to

play10:44

incite others to disobey

play10:47

the lawful authority or to disobey the

play10:50

orders of

play10:51

the government next is contempt of court

play10:54

judicial contempt may arise whether a

play10:56

case is spending in court or not

play10:58

when a case is spending the orderly

play11:00

administration of justice is to be

play11:02

protected

play11:03

any improper conduct that tends to

play11:05

directly or indirectly impede

play11:07

obstruct or degrade the administration

play11:09

of justice is

play11:10

contempt of court a publication is

play11:12

liable for contempt if it clearly shows

play11:15

tendency to impede the administration of

play11:17

justice

play11:18

if it is directed toward the court and

play11:19

is not a report of fair comment

play11:21

upon an action before the court if it

play11:24

takes place while the case is spending

play11:25

or has not been decided yet

play11:27

and lastly is the copyright law the

play11:30

copyright law is designed to protect

play11:32

intellectual property

play11:34

applications for copyright can be filed

play11:36

with the national

play11:38

library and intellectual works that may

play11:41

be copyrighted

play11:42

include books periodicals lectures

play11:44

dramatic

play11:46

compositions maps etc etc

play11:50

if a work is in

play11:53

violation of the copyright law or if a

play11:55

work is being infringed

play11:57

the author of a particular work

play12:00

or the original author of the work may

play12:03

file

play12:04

for an infringement proceedings and in

play12:07

return

play12:07

claim for damages

play12:13

intellectual property okay

play12:16

we now go to libel libel as earlier

play12:20

discussed is a public and malicious

play12:22

imputation of a crime or a vice or

play12:25

defect

play12:26

real or imaginary or any act

play12:30

a mission condition status or

play12:32

circumstance

play12:33

tending to cause the disorder discredit

play12:36

or contempt of a natural

play12:38

or juridical person or to block in the

play12:41

memory of

play12:41

one who is dead now when you say public

play12:44

kailangan okay

play12:48

when you say imputation of a crime

play13:20

result is to dishonor discredit

play13:23

or contempt of a natural or juridical

play13:27

person

play13:28

when you say natural individuals we

play13:31

persons here on earth able to walk able

play13:34

to

play13:35

see the light or stack

play13:39

living living persons okay

play13:42

when you say juridical persons these are

play13:45

persons which are considered persons by

play13:49

operation of law cunning corporations

play13:52

partnerships okay they're considered to

play13:54

be juridical persons

play13:56

by fiction of law by operation of law

play14:00

gita and personality okay

play14:03

so if ever on university of the visayas

play14:05

you will defame the university of the

play14:07

visayas

play14:08

you can be prosecuted for libel for

play14:11

defaming

play14:12

that judicial person and that is the

play14:14

university of the visayas

play14:16

also to bra to blacken the memory of one

play14:19

who is dead

play14:23

you can still be prosecuted for libel

play14:25

okay

play14:27

now what are the means by which libel is

play14:29

committed

play14:31

libel ladies and gentlemen may be

play14:33

committed by means of writing

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printing lithography engraving

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radio pornograph painting

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theatrical exhibition cinematographic

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exhibition or any similar means

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and remember the reigning suits any

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similar means an

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online libel can unlibel committed in

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the internet

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all right now when you say oral

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defamation this is also a form of libel

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though orally done and we call this as

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slander okay slander ladies and

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gentlemen

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now you might ask my punishment

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[Music]

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the enjoyment ladies and gentlemen of a

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private reputation

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is as much a constitutional right as the

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possession of life

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liberty or property it is one of those

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rights necessary

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to human society that underlie the whole

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scheme of civilization

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the law recognizes the value of such

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reputation and imposes upon him who

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attacks it

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by slanderous words or libelous

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publication

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the liability to make full compensation

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for the damages

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done all right now the question is asa

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manify

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unliable ladies and gentlemen the

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regional trial court

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has been specifically designated

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to try a libel case it is not the

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municipal trial court

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but it is the regional trial court

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now unto my venue a s

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trial court a general rule anna ladies

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and gentlemen is the action may be filed

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in the rtc

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of the province or city where the

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libelous article is printed

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and first published or were any of the

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offended parties

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actually reside at the time of the

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commission

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of the offence

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if the offended party is a public

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officer with office in manila at the

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time the offense was committed

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the venue is manila or the city or

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province where the libelous article is

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printed

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and first published where an offended

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party is a public official

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with office outside of manila the venue

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is the province

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or the city where he held office at the

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time of the commission of the offense

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or where the libelous article is printed

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and

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published and lastly if definite party

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is a private person

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the venue is his place of residence at

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the time of the commission of the

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offense

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or where the libelous is printed and

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first

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published the common feature of the

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foregoing rules

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is that whether the offended party is a

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public officer a private person

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he always has the option to file the

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action

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in the regional trial court of the

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province or city

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where the libelous article is printed or

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first

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published okay now you have to remember

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that the crime of libel

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prescribes in one year from the date the

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alleged libelous article

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was published example the alleged

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libelous article was published today

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october 15

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2020 it prescribes in october 15

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2021 so beyond october 15 2021

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the offended party can no longer

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institute a crime

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for libel against you who allegedly

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commits

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that crime of libel okay so it

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prescribes

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in one year from the date the alleged

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libelous article was published

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all right now we move on to the

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essential elements of light builder four

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essential elements of libel namely

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the imputation must be deathmatory the

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imputation must be made public

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the invitation must be malicious and the

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person defamed must be

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identifiable when can we say that the

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imputation is defamatory it is

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defamatory ladies and gentlemen when the

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crime allegedly is committed by the

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offended party

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the vice or defect the real or imaginary

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of the offended party is being imputed

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upon in the libelous article

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any act or mission condition status of

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or circumstance

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relating to the offended party which

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tend to cause the disorder discredit or

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contempt of a natural or juridical

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person

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or to broken the memory of one who is

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dead those are the instances where in

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an imputation may be considered as

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defamatory

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now what is an example of an imputation

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of a crime example aniha

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if there's an article that is published

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and it portrays therein that the

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offended party

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was a swindler let's say

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mayor juan de la cruz

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and then he used that particular money

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to construct a house

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to the prejudice of all these

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individuals

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committed a crime of staff all right so

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that particular instance is an

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imputation of a crime ladies and

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gentlemen

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simply stated no comment imputation of a

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crime

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or crime okay that's an imputation of a

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crime another example here is branding

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somebody as having murdered his

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brother-in-law

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in reaching himself at the expense of

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others who trusted him

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calling one a bigamist and becoming rich

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overnight

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through questionable transactions and

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influence peddling

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winning in an election through

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imputation of criminal acts tending to

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cause dishonor discredit contempt

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of the complainant these are just among

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the examples

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of an imputation of a crime

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dominic

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that is an imputation of a crime of

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concubinage

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so in this case c dominic can always

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file for

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libel on the basis nah there was a

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defamatory

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imputation over his person all right

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now on to imputation of a vice or defect

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whether it be real or imaginary

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calling a barangay captain an ignoramus

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is an imputation of a defect okay also

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calling someone as one who grabs

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another's husband

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a flirt a temptress or one who indulges

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in enticing others

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husband that is also an imputation of a

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defect because according to the supreme

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court it does not necessarily mean

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when you entice someone's husband you

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become an

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adult or adulteress as the case may be

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okay so

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in england supreme court in this case

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that is just an imputation of a defect

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or a vice whether it be real or

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imaginary

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now on to imputation of an act on a

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mission or some example any

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an article signed by the accused and

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published in a newspaper

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saying that the offended party used to

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borrow money without intention of paying

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that he had ordered the fixing of his

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teeth without paying the fees for the

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services rendered by the dentist

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it contains an imputation of an act on a

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mission which is defamatory ladies and

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gentlemen

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now imputation of condition status or

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circumstance example is calling a person

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a bastard or a leper

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within the hearing of other persons is

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defamatory

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also writing and publishing an article

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containing the words coward

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vile soul dirty sucker savage hugg

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who always looked toward the ground the

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word fool or crazy becomes deformatory

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if it is used to connote mental

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aberration okay

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the word also mankukulam is undoubtedly

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an epithet of a

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brion to say that complainant is a witch

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in sorceress is to impute to her advice

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a condition or a status that is

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dishonorable and

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contemptible this is the case of people

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versus carmen

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sario okay now you also have to remember

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that one of the elements of libel is

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that the imputation must be made public

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okay

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publication is the communication of the

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defamatory matter to some third person

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or persons

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remember guys that libel is present not

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only when it is widely circulated

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but also when it is made known or

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brought to the attention or notice of

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another person

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other than its author and the offended

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party remembering abhisan pakusara

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other than you and the offended party

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that is already

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libel there is already a publication of

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that alleged libelous

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publication okay so you have to remember

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antibiotics

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apart from the offended party and the

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alleged person who committed libel

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it's a certain libelous article that

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already constitutes

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publication ladies and gentlemen okay

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now you have also to remember

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that the person defamed must be

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identifiable

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in order to maintain a libel suit it is

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essential that the victim be

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identifiable da patna ilhan although it

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is not necessary that he be

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named guys

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identifying

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so as long as the third person can

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identify

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that the subject of that alleged

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libelous publication

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is that particular person that already

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is considered to be

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or that person is already concerned

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considered to be

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identifiable it is enough if by

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intrinsic reference the allusion is

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apparent

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or if the publication contains matters

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of description a reference to facts and

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circumstance from which others reading

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the article

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may know that the plaintiff was intended

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or if he is pointed out by extraneous

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circumstances

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so that persons knowing him could and

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did understand

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that he was the person referred to okay

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so the good important thing up as long

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as my identify

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by some other people ladies and

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gentlemen

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last element is that the imputation must

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be

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malicious there must be an indication

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ladies and gentlemen that the offender

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is prompted by personal ill will or

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spite

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and speaks not in response to duty but

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merely to endure the reputation

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of the person defamed

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there was malice in the publication

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there are

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however guys defenses to libel

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usa is scanning fair comment on

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qualifications of candidates of public

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office

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the mental the moral and the physical

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fitness of candidates for public office

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may be the object of comment and

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criticism

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the very fact of candidacy putting these

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matters is issue

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and the public having a right to be

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informed as to the qualification of

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those who seek

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election and perhaps appointment to

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public office

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cunning apology or retraction and

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retraction published to correct the

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mistake

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does not really wipe out the

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responsibility arising from the

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publication

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of the libelous article or photograph as

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the case may be

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but it may mitigate the criminal

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responsibility

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also cannon rectification or

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clarification this will also

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not wipe out the responsibility arising

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from the publication but

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it will mitigate the criminal

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responsibility

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also we say that the truth is a defense

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for libel but remember that the proof of

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truth is not enough

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it is always it is always required

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that the matter charge as libelous was

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published

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not only on the basis of truth but with

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good motives

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and for justifiable ends okay

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self-defense

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is also a defense to justify once

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hitting back with another libel

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there must be a showing that he was

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libel

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okay i should not be prosecuted for

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libel because it was only a self defense

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amputation

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imputation in order to properly post

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this or interpose this as a defense

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that was indeed first a libelous

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imputation

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against him or her okay

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remember also that there's a limitation

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to self-defense in libel

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while a person may be legally justified

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in defending himself

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or his new relatives against libelous

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articles nevertheless he may not use

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offensive language against the libeler

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and though a person may defend himself

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from charges made against him he could

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not make

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against his library a counter-attack

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which contains libelous statements not

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pertinent to the matters charged and the

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attack

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if he does then he has exceeded his

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privilege and the law shall give him no

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protection so that ladies and gentlemen

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concludes our discussion in media laws

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and ethics i hope you learned something

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from this

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if you have questions feel free to

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contact me

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send a private message to my messenger

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or comment down below

play28:17

thank you very much

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Связанные теги
Media EthicsLibel LawsPress FreedomConstitutional RightsJournalism StandardsEthical JournalismLegal BoundariesFreedom of SpeechMedia RegulationEthical Dilemmas
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