Limitations of the Press

Freedom
OlbesDionedaOrtiz
LIBEL
a public and malicious imputation of a crime, of a vice or defect, real or
imaginary, or any act, omission, condition, status, or circumstance tending to
cause discredit, dishonor or contempt to a natural or juridical person, or to
blacken the memory of one who is dead (Article 353, evised !enal "ode#
DEFENSES AGAINST LIBEL

$wo main defenses against %ibel&

A' (ustification
)' *octrine of !rivileged "ommunication

+,A*-./A$- 0 !A$+A% *-1-,2-2 A3A+,2$ %+)-%'

A' etraction or Apology
)' ectification
"' !roof of $ruth
*' 2elf defense
-' 1air comment on matters of public interest'
1' 1air comment on 4ualification of candidates for public offices'
3' ,o actual 5arm
MAO! DEFENSES AGAINST LIBEL
"STIFI#ATION
$here is justification when a matter defamatory to
a character, which has been uttered or published,
is proven to be true and made with good motives
and justifiable ends'
MAO! DEFENSES AGAINST LIBEL
Do$trine of Pri%ile&ed #omm'ni$ation
ABSOL"TE P!I(ILEGED #OMM"NI#ATION
$his right is granted to members of the legislature who are
immune from prosecution of libel for any speech or debate on the
e6ercise of their legislative building' $his privileged is anchored
on the belief that the duties and responsibilities of members of
congress are paramount importance'
MAO! DEFENSES AGAINST LIBEL
)"ALIFIED P!I(ILEGED
#OMM"NI#ATION

A privileged speech of a senator or a member of the 5ouse of epresentatives' +t cannot

be used as a basis to charge him criminally or hold him civilly liable'

A complaint or a petition or some other kinds of a pleading or a motion filed in courts or

4uasi7judicial bodies'

statements made in governmental reports of official proceedings

statements made by lower government officials such members of town or local boards

citi8en testimony during legislative proceedings

statements made in self7defense or to warn others about a harm or danger

certain types of statements made by a former employer to a potential employer regarding

the employee, and

published book or film reviews that constitute fair criticism

MAO! DEFENSES AGAINST LIBEL
Do$trine of Pri%ile&ed #omm'ni$ation
)"ALIFIED P!I(ILEGED #OMM"NI#ATION
$his includes fair and true reports made in good faith, without any comments
or remarks of judicial, legislative or e6ecutive proceedings which are not
confidential in nature, or any statements, report or speech delivered by such
officers in the e6tension of their official functions'
INADE)"ATE O! PATIAL DEFENSES AGAINST
LIBEL
!etra$tion or A*olo&+
+t is the withdrawal or taking back of the libelous matter that has been
uttered or published'

A retraction will show the good motive of the defendant and erase the
claim of malice by the complainant' 1or a retraction to become a partial
defense, it should be done in good faith and must be given the same
publicity and prominence as the defamatory utterance or publication'

$he retraction should contain an admission of the incorrectness or the

falsity of the libelous publication and evince a desire to repair the wrong
occasioned thereby' (2otello 9atti vs' )ulletin !ublishing "o', 3 !hil' 5:;#
INADE)"ATE O! PATIAL DEFENSES AGAINST
LIBEL
!e$tifi$ation
ectification or clarification does not wipe out the responsibilities
arising from the publication of the first article although, it may and
should mitigate' ((imene8 vs' eyes, ;< !hil' 5;= !olicarpio vs'
9anila $imes !ublishing "o', +nc', 55 2"A >?@#
INADE)"ATE O! PATIAL DEFENSES AGAINST
LIBEL
Proof of Tr'th

Ahen the act or mission imputed constitutes a crime regardless

of whether the offended party is a private individual or public
officer=

Ahen the offended party is a government employee, even if the

act or mission does not constitute a crime, provided it is related
to the discharge of his official duties (Art' 3:>, !"#
INADE)"ATE O! PA!TIAL DEFENSES
AGAINST LIBEL

$hat the libel is due to an honest mistake' $his presupposes absence of malice or
evil motive'

$hat the person libeled has a poor reputation

$hat the libelous matter had been previously published in a foreign maga8ine'

No a$t'al harm 7 A defendant could also argue that the statement did not actually
harm the person' 5arm is part of the definition of defamation, so if the personBs
reputation is not harmed there is no slander or libel' 1or e6ample, a false
statement that is clearly ridiculous and believed by no one cannot provide a
recovery for defamation'
DO#T!INE OF FAI! #OMMENT
DO#T!INE OF FAI! #OMMENT
$he basis of this doctrine is the $onstit'tional ri&ht of free
s*ee$h, which assures the citi8en of the fullest freedom to
e6press his views and opinions on public affairs'
DO#T!INE OF FAI! #OMMENT
1or the comment to be considered fair and, therefore, free from liability, it
must be&
a' An intellectual appraisal or evaluation'
b' 1ounded on facts, or what in the mind of a reasonable man would normally be
accepted as facts
c' 1ree from any imputation or sordid or corrupt motives'
d' $he result of honest opinion
e' 1ree from malice'
f' /pon a subject possessing public interest'
LIMITATION OF P!ESS
F!EEDOM
LIMITATION OF P!ESS F!EEDOM
$he privacy of communication and correspondence shall
be inviolable e6cept upon lawful order of the court, or
when public safety or order re4uires otherwise as
prescribed by law'
ANTI OBS#ENIT, LA-
ANTI OBS#ENIT, LA-
0ffenses against decency and good customs are also
penali8ed under Article ;C> of the evised !enal "ode
(as amended by !'*' ,o' D:C# $hese include immoral
doctrines, obscene publications or e6hibitions and
indecent shows'
ANTI OBS#ENIT, LA-
!ublications or materials published prohibited under this law tend to&
a#3lorify criminals or condone crimes
b#2erve no other purpose but satisfy the market for violence, lust and
pornography
c# 0ffend a race or religion
d#Abet traffic in and use of prohibited drugs
e#-ncourage acts contrary to law, public order, morals, good customs,
established policies, lawful orders, decrees and edicts'
!IG.T OF P!I(A#,
!IG.T OF P!I(A#,
A personEs right to privacy is guaranteed by the constitution' $he
publication or disclosure of any of his private affairs, though not
necessarily libelous, may cause embarrassment or injure his
relations with his fellow men' $he civil code provides that every
person shall respect the dignity, personality, privacy and peace of
mind of his neighbors and other persons'
!IG.T OF P!I(A#,
$he following and similar acts, although they may not constitute
criminal offense, may produce cause of action for damages and
other reliefs&
># $he public dissemination of letters and other private communication
without the consent of the writer or his heirs=
;# $he publication of a picture or photograph without the consent of the
subject who is not a public figure, especially if it is used for commercial
purposes'
LA-S ON
NATIONAL SE#"!IT,
LA-S ON NATIONAL SE#"!IT,
/nder Article >3@ of the evised !enal "ode, any person
who is found to incite people to sedition or commits act
that will endanger national security and safety of the
state, shall be penali8ed'
LA-S ON NATIONAL SE#"!IT,
!ublications are seditious when&
># $end to incite others to sedition
;# "onstitute scurrilous libels against the government or against any of the constituted
authorities'
3# $end to disturb or obstruct any lawful officer in e6ecuting the obstruct functions of his
office'
?# $end to instigate others to cabal and meet together for unlawful purposes
5# 2uggests or incite rebellious conspiracies or riots
:# %ead or tend to stir up people against the lawful authorities or to disturb the peace of
the community, as well as the safety and orders of the government'
#OP,!IG.T LA-
#OP,!IG.T LA-
$he law is designed to protect intellectual
property' Application for copyright can be filled
with the ,ational %ibrary'
#OP,!IG.T LA-

)ooks, including cyclopedia works, manuscripts, directories, ga8etteers and other

compilations=

!eriodicals, including pamphlets

0ral *eliveries, %ectures, 2ermons

9usical or *ramatic "omposition

9aps, *rawings, 2ketches

9odels or *esigns

eproduction of work of arts

-ngraving, !hotographs
#ONTEMPT OF #O"!T
#ONTEMPT OF #O"!T
Ahen a case is pending, the orderly administration of
justice is to be protected' Any improper conduct that
tends to directly or indirectly obstruct or degrade the
administration of justice is "ontempt of "ourt'
#ONTEMPT OF #O"!T
A publication is liable for contempt if&
>' +t clearly shows tendency to impede the administration of justice
;' +t is directed toward the court and is not a report of fair comment upon
an action before the court'
3' +t takes place while the case is pending or has not been decided'
Olbes/ Mar+ ean G0
Dioneda/ Tra$+
Ortiz/ ar%is L+le
$hank you for lending
your earsF A )right
9orning -veryoneF