Module 8: Freedom of Expression

Question 1

“Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.” is stated in:

Answer 1

Article 19 of the Universal Declaration of Human Rights by the United Nations

Question 2

Enables a worldwide exchange of news, ideas, opinions, rumors, and information.

Provides an unprecedented volume of resources for information and knowledge that opens up new opportunities and challenges for expression and participation

Answer 2

The Internet

Question 3

What makes the Internet a remarkable communications medium?

Answer 3

Broad accessibility
Open discussions
Anonymity
Provides an easy and inexpensive way for a speaker to send a message to a large audience

Question 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.”

Answer 4

Article III Section 4 of the Philippine Constitution

Question 5

To protect the rights of persons having an adverse political beliefs and aspirations, the Constitution further provides:

Answer 5

“No person shall be detained solely by reason of his political beliefs and aspirations.” (Art III Section 18(1) Constitution).

Question 6

The elements of freedom of expression

Answer 6

Freedom from Prior Restraint or Censorship

Freedom from Punishment

Question 7

The element of freedom of expression concerning official governmental restrictions on the press or other forms of expression in advance of actual publication or dissemination.

Answer 7

Freedom from Prior Restraint or Censorship

Question 8

The element of freedom of expression concerning a citizen that would hesitate to speak for fear of vengeance that he might suffer against the officials he criticized.

Answer 8

Freedom from Punishment

Question 9

Both foreign and local jurisprudence recognized that there are two (2) Philosophical bases for the guarantee of this right:

Answer 9

Discovery of Truth (free market of an idea)

For Self-Government

Question 10

The Philosophical base that says the freedom of expression is essential for the search of truth.

This is the marketplace of idea which posits the power of thought can be tested by its acceptability in the competition of the market.

Answer 10

Discovery of Truth (free market of an idea)

Question 11

The theory behind freedom of expression

Answer 11

The principle that in a democratic society, the only way to rule ultimately is by means of public opinion, which is only possible when everyone can speak their minds and compete in the free market place of ideas.

Question 12

The Philosophical base wherein since the people who have chosen directly or indirectly the person who will govern them, the scope of the guarantee is broader when people criticize public officials.

“Public policy, the welfare or 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.”

Answer 12

For Self-Government

Question 13

Complete liberty to comment on the conduct of public men is a scalpel in the case of free speech. Men in public life may suffer under a hostile and unjust accusation: the wound may be relieved by:

Answer 13

The balm of a clear conscience

Question 14

Is Freedom of speech an absolute right?

Answer 14

No. Speeches that incite lawless conduct, so-called fighting words, libelous/defamatory speech, and obscenity can be legitimately be prohibited/punished by the government.

Question 15

An all-encompassing term that covers any statement that hurts someone’s reputation.

Is considered to be a civil wrong or a tort

Answer 15

Defamation

Question 16

What is defamation also called?

Answer 16

Defamation of character

Question 17

If the defamation statement is made in writing and published, the defamation is called:

Answer 17

Libel

Question 18

If the defamation statement is spoken, the statement is:

Answer 18

Slander

Question 19

When a person that has suffered a defamatory statement sues the person that made the statement under defamation law

Answer 19

Defamation case

Question 20

Walks a fine line between the right to freedom of speech and the right of a person to avoid defamation.

Answer 20

Defamation laws

Question 21

Determines what is a statement of fact and what is a lie and will end the case once it is proven. Then, the winning side may sue for punitive damages depending on the types of defamation.

Answer 21

Absolute defense

Question 22

Elements of a Defamation Lawsuit

Generally, in order to win a defamation lawsuit, you must show that:

Answer 22

1. Someone made a statement
2. The statement was published
3. The statement caused injury
4. The statement was false
5. The statement did not fall into a privileged category

Question 23

In order to show that someone made a statement in a defamation lawsuit, a ‘statement’ needs to:

Answer 23

Be spoken (slander), written (libel), or otherwise expressed in some manner.

Question 24

Defamation statements are especially damaging if they involve:

Answer 24

A private or public individual and sexual misconduct or the abuse of minors.

Question 25

In order to show that the statement in a defamation lawsuit was published:

Answer 25

A third party must have seen, heard, or read the defamatory statement

Question 26

In order to show that the statement in a defamation lawsuit caused you injury:

Answer 26

The statement must have hurt the reputation of the subject of the statement.

Question 27

“a 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 dishonor, discredit or contempt of a natural or juridical person, or to blacken the memory of one who is dead.”

Answer 27

Libel (Article 353 of the Philippines Revised Penal Code)

Question 28

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:

Answer 28

1. A private communication made by any person to another in the performance of any legal, moral, or social duty;
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.

Question 29

Difference between absolute and qualified privilege matters in regards to immunity from libel

Answer 29

Absolute qualified privilege grants immunity from libel regardless of the bona fides of the author or of the existence of malice.

Conditionally qualified privilege grants immunity from libel as long as there is an absence of malice. An author may be susceptible to libel if the prosecution established the presence of bad faith.

Question 30

When an official is criticized in a false and injurious way for something that relates to their behavior in office, the official must:

Answer 30

Prove the elements associated with normal defamation, and must also show that the statement was made with ‘actual malice’

Question 31

Public officials could only win a defamation suit when the statement that was made:

Answer 31

Wasn’t an honest mistake and was in fact published with the actual intent to harm the public figure.

Question 32

When does actual malice occur?

Answer 32

When the person making the statement knew the statement was not true at the time the statement was made or had a reckless disregard for whether it was true or not.

Question 33

In response to developments in technology and the ever-growing use of multiple forms of social media in the Philippines, Congress enacted this law.

Deals with many crimes, including Cyberlibel.

Answer 33

Republic Act No. 10175 / the Cybercrime Prevention Act of 2012

Question 34

The unlawful or prohibited acts of libel as defined in Art. 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.

Answer 34

(Cyber)Libel

Question 35

Some steps taken to control access to the internet particularly of minors include:

Answer 35

Online Protection of Minors
Internet Filtering
Internet Censorship

Question 36

The expression of opinions by people who do not reveal their identity

Answer 36

Anonymous expression

Question 37

Persistent or malicious harassment aimed at a specific person

Answer 37

Hate speech