LAWS AND ETHICS IN THE PRACTICE OF BROADCASTING

Communication and the Philippine Constitution

1987 Constitution
- Proclamation No. 211 of 1988
- February 2
- Pres. Corazon C. Aquino
- 48 Individuals Represented All Sectors in the Country

Article II - Declaration of Principles and State Policies

Section 1
The Philippines is a democratic and republican State. Sovereignty resides in the people
and all government authority emanates from them.

Section 11
The State values the dignity of every human person and guarantees full respect for human
rights.

Section 17
The State shall give priority to education, science and technology, arts, culture, and sports
to foster patriotism and nationalism, accelerate social progress, and promote total human
liberation and development.

Section 18
The State affirms labor as a primary social economic force. It shall protect the
rights of workers and promote their welfare.

Section 24
The State recognizes the vital role of communication and information in nation building.

Presidential Decree No. 1018

- September 22, 1976
- Mass Media

Section 1

The term “mass media” refers to the print medium of communication, which includes all
newspapers, periodicals, magazines, journals, and publications and all advertising therein,
and billboards, neon signs and the like, and the broadcast medium of communication, which
includes radio and television broadcasting in all their aspects and all other cinematographic
or radio promotions and advertising.

Article III – Bill of Rights (Shows Limits of Government)

Section 2
- The right of the people to be secure in their persons, houses, papers, and effects
against unreasonable searches (NO WARRANT) and seizures of whatever nature
and for any purpose shall be inviolable.
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.
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.

“Freedom is more expansive, it has a wider scope, and it would refer to means of
expression other than speech” –Lino Brocka
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.

Article IX – Constitutional Commissions (C)

Section 2
- The Commission on Elections
Section 4
- The Commission may, during the election period, supervise or regulate the
enjoyment or utilization of all franchises or permits.
- Such supervision or regulation shall aim to ensure equal opportunity, time, and
space, and the right to reply, including reasonable, equal rates therefor, for public
information campaigns and forums among candidates in connection with the
objective of holding free, orderly, honest, peaceful, and credible elections.

Article XVI
Section 10
- The State shall provide the policy environment for the full development of
Filipino capability and the emergence of communication structures suitable to the
needs and aspirations of the nation and the balanced flow of information into, out
of, and across the country, in accordance with a policy that respects the freedom
of speech and of the press.
Section 11
- The ownership and management of mass media shall be limited to citizens of the
Philippines, or to corporations, cooperatives or associations, wholly-owned and
managed by such citizens.
- The Congress shall regulate or prohibit monopolies in commercial mass media
when the public interest so requires.

REVISED PENAL CODE

Article 353 – Crime Against Honor

Libel – public and malicious imputation of a crime, tending to cause dishonour, discredit.

CIVIL CODE
Article 26 – Respect Dignity
Article 32 – Freedom of Speech
Article 723 – Private communication in writing are owned by a person to whom they
are addressed and delivered.

THE SHEILD LAW

RA 1477 – Sources cannot be revealed.

COPYRIGHT
Copyright – legal protection to the owner of an original work.
RA 8293
– Intellectual Property Code of the Philippines
– 2 TYPES OF RIGHTS: ECONOMIC RIGHTS & MORAL RIGHT
– LOSS OF COPYRIGHT is 50 years after owner’s death.