CHAPTER 5 THE BLOGGER’S FREEDOM OF EXPRESSION AND THE CYBER LIBEL LAW Flashcards
“No law shall be passed abridging the freedom of speech, of expression, or of
the press, or the right of the people peaceably to assemble and petition the
government for redress of grievances.”
FREEDOM OF SPEECH Section 4 of 1987 Constitution, Article III – Bill of Rights
All Filipinos, celebrities and everyday folks alike, have the right to express their
____ and ____ and to participate in activities in line with these beliefs. The
Constitution guarantees our freedom of thought, expression, and participation.
beliefs and convictions
HOW IMPORTANT IS FREEDOM OF SPEECH
- Foundation of Democracy
- Fosters Innovation and Progress
- Protects Minority Voices
- Preserves Individual Autonomy
- Promotes Tolerance and Understanding
- Safeguards against Tyranny
is a type of web site usually maintained by an individual
with regular entries of commentary, descriptions of events, or other
material such as graphics or video.
BLOG
The _____ _______ protect bloggers’ right to free speech
and expression, however, this does not give them unfettered license
to write to the detriment of others.
Philippine Constitution
are among the seventeen crimes (17) enumerated by
RA10175 or the Cybercrime Law. It was declared valid and
constitutional by the Supreme Court. Section
Section 4(c)(4)
The unlawful or prohibited acts of libel as defined by
Article 355 of the Revised Penal Code, as amended, committed
through a computer system or any other similar means which may
be devised in the future
Libel
Pro-Duterte blogger arrested in baguio over ___ ____ charges
cyber libel
From these two (2) constitutional provisions mentioned above are the elements of
a. Freedom of expression
b. Freedom from prior restraint or censorship
c. Freedom from subsequent punishment
“No person shall be detained solely by reason of his political beliefs and aspirations
(Art III, Sec 18(1) Constitution)
Two Philosophical Bases:
Discovery of Truth (free market of an idea) –
For Self-Government
The freedom of expression is
essential for the search of truth. This is the market place that posts the power of
thought can be tested by its acceptability in the competition of the market.
Discovery of Truth (free market of an idea)
Public policy, the welfare of society, and the orderly
administration of government, have demanded protection for public opinion.
The inevitable and incontestable result has been the development and
adoption of the doctrine of privilege.
For Self-Government
A person is free to comment, “Senators Revilla, Enrile and Estrada should
resign!” But the three senators cannot be forced to resign because they were
directly elected by the people.
TRUE
While the Philippine Constitution protects peoples’ right to free speech and expression, this DOES NOT give them free license to WRITE TO THE DETRIMENT OF OTHERS
TRUE
our right to free expression is
NOT absolute. It has limitations.
TRUE
The act of knowingly making a
false written statement in
public
Libel
The act of knowingly making a
false verbal statement in
public
Slander
types of defamation
Libel - Written false statement
Slander - Verbal false statement
example of libel
Social post, blogs, newspaper
example of slander
podcast, video, news broadcast
The characterization of libel as constitutionality
UNPROTECTED SPEECH is EASILY UNDERSTANDABLE
when the object of criticism is NOT a public figure. (t or f)
TRUE
A private person is entitled to the protection of his own
reputation, and the stupidity and immorality of his acts
affecting only his private life is NOT of vital concern to the
public. (t or f)
TRUE
But when a person becomes a public figure, either as an
occupant of or aspirant to a public office, the wisdom or
stupidity of his actions and the absence or abundance of
his mental and moral qualifications for office, ARE OF
VITAL CONCERN TO THE PUBLIC. (t or f)
TRUE
A libel is public and
malicious imputation of a crime, or of a vice or defect, real
or imaginary, or any act, omission, condition, status, or
circumstance tending to cause the dishonor, discredit, or
contempt of a natural or juridical person, or to blacken the
memory of one who is dead.
Art. 353. Definition of Libel. (According to our Revised Penal Code)
Every defamatory imputation
is presumed to be malicious, even if it be true, if no good intention
and justifiable motive for making it is shown, except in the following
cases:
1. A private communication made by any person to another in the
performance of any legal, moral or social duty; and
2. A fair and true report, made in good faith, without any comments or
remarks, of any judicial, legislative or other official proceedings
which are not of confidential nature, or of any statement, report or
speech delivered in said proceedings, or of any other act
performed by public officers in the exercise of their functions.
Art. 354. Requirement for Publicity. (According to our Revised Penal Code:)
refer to DEFAMATION IN GENERAL or slander which came from the
Spanish text “defamation” and which was translated in the English text as
“libel”
Article 353
Libel is a defamation committed by means of writing, printing, lithography,
engraving, radio, phonograph, painting, theatrical exhibition, cinematographic
exhibition, or any similar means.
The crime Libel is defined in Art. 355.
A libel committed
by means of writing, printing, lithography, engraving, radio, phonograph,
painting, theatrical exhibition, cinematographic exhibition, or any similar
means, shall be punished by prison correccional in its minimum and
medium periods or at a fine ranging from to 200 to 6,000 pesos, or both, in
addition to the civil action which may be brought by the offended party.
According to our Revised Penal Code:
▪ Art. 355. Libel Means by writing or similar means.
A person may only be convicted of an offense if all the
elements of defamation is present. If one is absent, then the
accused must be acquitted.
TRUE (ELEMENTS OF DEFAMATION)
elements of defamation
- Imputation/ accusation
- Publicity
- Malice
- Identification of the victim
- effect on reputation
- in writing
Persons Responsible identified the pertinent provisions regarding where
cyber liber will be file.
CYBER LIBEL PRIOR TO RA 10175
Art.360
if ALL of the offended parties ARE NOT public official then
VENUE is at the province or city where the libelous article is printed and first
published OR at the province or city where one of the offended parties actually
resides at the time of the commission of the offense;
TRUE
ELSE (at least one of the offended parties is a public official) then venue is at the
province or city where the libelous article is printed and first published OR
province or city where the public officials holds office at the time of the
commission of the offense. (T of F)
TRUE
The right to choose the venue belongs to the offended parties.
However, the court where the criminal action or civil action for damages is first
filed, shall acquire jurisdiction to the exclusion of other courts,
General Rule
cruel and oppressive government or rule.
Tyranny
