Media and Ethics Flashcards
What is Mass Media
Mass media refers to a diverse array of media that reaches a large audience via mass communication.
4 Kinds of Mass Media
Print (newspaper)
Broadcast (radio)
Narrowcast (films)
New Age (vlogs)
Pacta Sunt Servanda
demands performance in good faith of treaty obligations on the part of States that enter into agreements.
Every treaty in force is binding upon the parties and obligations under the treaty must be performed in good faith
Art 2 Sec 2
Section 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.
Renvoi Doctrine
applies when a court is faced with a conflict of law and must consider the law of another state, referred to as private international law rules.
Zulueta v CA (Privacy of Communication)
Privacy of communication and correspondence is inviolable. The only exception in the Constitution is if there is a “lawful order [from a] court or when public safety or order requires, otherwise, as prescribed by law. Zulueta vs. Court of Appeals, 253 SCRA 699, G.R. No. 107383 February 20, 1996
Art 2. Sec 24
Section 24. The State recognizes the vital role of communication and information in nation-building.
Art 2. Sec 28
Section 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.
Vivares vs. St. Theresa College
Before one can have an expectation of privacy in his or her Online Social Networks (OSN) activity, it is first necessary that said user, in this case the children of petitioners, manifest the intention to keep certain posts private, through the employment of measures to prevent access thereto or to limit its visibility.
Vivares vs. St. Theresa’s College, 737 SCRA 92, G.R. No. 202666 September 29, 2014
Art 3 Sec 3
Section 3.
- The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law.
- Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.
Art 3 Sec 4
Section 4. 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.
Dangerous Tendency Doctrine
permits limitations on speech once a rational connection has been established between the speech restrained and the danger contemplated;
Chavez vs. Gonzales, 545 SCRA 441, G.R. No. 168338 February 15, 2008
Balancing of Interests Test
used as a standard when
(1) courts need to balance conflicting social values and individual interests, and
(2) requires a conscious and detailed consideration of the interplay of interests observable in a given situation of type of situation
Chavez vs. Gonzales, 545 SCRA 441, G.R. No. 168338 February 15, 2008
Clear and Present Danger Rule
permits limitations on speech once a rational connection has been established between the speech restrained and the danger contemplated;
Chavez vs. Gonzales, 545 SCRA 441, G.R. No. 168338 February 15, 2008
Chavez v Gonzales
In this jurisdiction, it is established that freedom of the press is crucial and so inextricably woven into the right to free speech and free expression, that any attempt to restrict it must be met with an examination so critical that only a danger that is clear and present would be allowed to curtail it.
Chavez vs. Gonzales, 545 SCRA 441, G.R. No. 168338 February 15, 2008
People v Cayat
classification, to be reasonable,
(1) must rest on substantial distinctions;
(2) must be germane to the purposes of the law;
(3) must not be limited to existing conditions only; and
(4) must apply equally to all members of the same class.
People vs. Cayat, 68 Phil. 12, No. 45987 May 5, 1939
Zulueta v CA Fruit of poisonous tree
The constitutional injunction declaring “the privacy of communication and correspondence [to be] inviolable” is no less applicable simply because it is the wife (who thinks herself aggrieved by her husband’s infidelity) who is the party against whom the constitutional provision is to be enforced. The only exception to the prohibition in the Constitution is if there is a “lawful order [from a] court or when public safety or order requires otherwise, as prescribed by law.” Any violation of this provision renders the evidence obtained inadmissible “for any purpose in any proceeding.”
Zulueta vs. Court of Appeals, 253 SCRA 699, G.R. No. 107383 February 20, 1996
Marital Disqualification Rule
A person by contracting marriage does not shed his/her integrity or his right to privacy as an individual and the constitutional protection is ever available to him or to her
Zulueta vs. Court of Appeals, 253 SCRA 699, G.R. No. 107383 February 20, 1996
Sereno vs NTAC - Writ of Mandamus Reqs
Two requisites must concur before the right to information may be compelled by writ of mandamus.
Firstly, the information sought must be in relation to matters of public concern or public interest.
And secondly, it must not be exempt by law from the operation of the constitutional guarantee.
Sereno vs. Committee on Trade and Related Matters (CTRM) of the National Economic and Development Authority (NEDA), 782 SCRA 486, G.R. No. 175210 February 1, 2016
Personal information controller
a person or organization who controls the collection, holding, processing or use of personal information, including a person or organization who instructs another person or organization to collect, hold, process, use, transfer or disclose personal information on his or her behalf
Personal Information Processor
Any natural or juridical person qualified to act as such under this Act to whom a personal information controller may outsource the processing of personal data pertaining to a data subject.
Locational privacy
also known as situational privacy, pertains to privacy that is felt in a physical space. It may be violated through an act of trespass or through an unlawful search.
informational privacy
refers to one’s right to control “the processing—i.e., acquisition, disclosure and use—of personal information.”
Decisional privacy
regarded as the most controversial among the three, refers to one’s right “to make certain kinds of fundamental choices with respect to their personal and reproductive autonomy
Doctrine of Incorporation
Rules of International law form part of the law of the land and no further legislative action is needed to makes the rules applicable in the domestic sphere
When there is conflict between international and municipal law, the duty of the courts is to harmonize them. If irreconcilable, then the municipal law must be upheld.
Rights of the Data Subject BIRAFODED
These rights include: the right to be informed; the right to access; the right to object; the right to erasure and blocking; the right to rectify; the right to file a complaint; the right to damages; and the right to data portability
