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Melvin Gascon PLE

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Melvin Gascon

on 16 August 2013

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Transcript of Melvin Gascon PLE

..but freedom is
Mass Media
Legal basis?
1987 Constitution
Article III, 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."
Article III, Section 7
"The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law."
Universal Declaration
of Human Rights
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.
Article 19
Rebellion, insurrection, coup d’état (Art. 138)
Treason (Art. 114, 115)
Espionage (Art. 117)
Inciting to war or giving motives for reprisals (Art. 118)
Section 26: "Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief:
New Civil Code
Revised Penal Code
(1) Prying into the privacy of another’s residence;
(2) Meddling with or disturbing the private life or family relations of another;
(3) Intriguing to cause another to be alienated from his friends;
(4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition.
Article II, Section 5.
"The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy."
Article III, Section 2
"The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable..."
Article II, Section 24
"The State recognizes the vital role of communication and information in nation-building."
Article II, 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."
Crimes against Honor
Requirement for publicity. — 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:
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.
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.
RA 10175
Anti-Cybercrime Law
Libel means by writings or similar means. — 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 prision correccional in its minimum and medium periods or a fine ranging from 200 to 6,000 pesos, or both, in addition to the civil action which may be brought by the offended party.
Art. 355
Art. 353
Art. 354
Section 4(c)(4) Libel. – The unlawful or prohibited acts of libel as defined in 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.
Freedom of Expression
Right to
Right to information
National Security
Shield Law
“Without prejudice to his liability under the civil and criminal laws, the publisher, editor, columnist or duly accredited reporter of any newspaper, magazine or periodical of general circulation cannot be compelled to reveal the source of any news-report or information appearing in said publication which was related in confidence to such publisher, editor or reporter unless the court or a House or committee of Congress finds that such revelation is demanded by the security of the State."
Republic Act 1477
Campus Journalism Act of 1991
SECTION 1. Student Staffers. – A member of the student publication staff must maintain his/her satisfactory academic standing in order to retain membership in the staff. A student shall not be EXPELLED or SUSPENDED SOLELY on the basis of articles he/she has written, or on the basis of the performance of his/her duties in the publication staff.
RULE IV. Student Publication (IRR)
SEC. 3. The members of the editorial board of the tertiary student publication shall be responsible to the school/college/university and to third parties for its decisions, actions, policies and legal consequences arising from such.
SEC. 4. Aims and Purposes of Student Publications. – Student publications shall be utilized to train interested students in:

a) the application of the communication arts in journalism;

b) the basic mechanism and technical skills in journalism;

c) the responsibilities and privileges in journalism in relation with the contents of articles to be published;

d) the use of the student publication in support of the educational development of the learner/student, the school, the community and the country;

e) train interested students in the application of the art and science of journalism for technological advancement;

f) develop intelligent and responsible student leadership and good citizenship in a free and democratic society;
g) serve as a channel for unifying all members of the school and the community towards desirable educational and cultural development objectives;

h) serve as a pool of all learning experiences of student journalists;

i) advocate social consciousness and uphold the interests of the Filipino people; and
j) advance students’ rights and responsibilities as well as promote their general welfare.
RULE V. Financing Student Publication
SECTION 1. Funding of Student Publication. – For public elementary and secondary schools, publication fees, subsidy sourced from savings realized from the school’s appropriations, revenues realized from donations and grants, and advertisements shall be the sources of funding for the student publication.
For private schools, publication fees, revenues realized from donations and grants, and advertisements shall be the sources of funding for students publications. Publication fees from the students shall be collected during enrolment period.
In both public and private schools, all student publication funds shall be automatically released to the student publication staff one month after the last day of enrolment.
Marami pong salamat.
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