Press Freedom and its

Limitations
Lesson 10
 Constitutional Guarantee
01
 Freedom of the Press
■ Freedom of the Press has been guaranteed in all Philippine constitutions since the country
gained its independence from United States in 1946. The 1987 Constitution sets forth this
guarantee in Section 4, Article III (Bill of Rights) which says that:

“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 redness of grievances.”

■ This provision is basically patterned after the First Amendment to the United States
Constitution in 1791. The First Amendment, also a part of the original US Bill of Rights, runs
simply:

“the Congress shall make no law respecting an establishment or religion, or prohibiting the free
exercise thereof; or abridging the freedom of speech, or of the press.”

■ The term “First Amendment” is synonymous to freedom of press or the absence of prior
restraint in media.
 Freedom of the Press
■ Section 7, Article III (Bill of Rights)

“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.”

■ Section 24, Article II (Declaration Of Principles And State Policies)

“The State recognizes the vital role of communication and information in nation-building.”

■ Section 28, Article II (Declaration Of Principles And State Policies)

“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.”

■ All these provisions underscore the commitment of the State to protect the right of its citizens
to free speech or expression.
 Limitations of the Press
02 Freedom
Limitations of the Press Freedom
In spite of the constitutional guarantees, freedom
of the press in a democratic society has its own
limits.

Section 3.1, Article III (Bill of Rights)

“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.”
Limitations of the Press Freedom
There are at least six (6) major limitations to press
freedom, namely:
1. Libel
2. Anti-Obscenity Law
3. Invasion of Privacy Law
4. Law on National Security
5. Contempt of court
6. Copyright Law
 Libel As A Crime
■ The Revised Penal Code defines libel as:

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

■ In short, libel is a published false statement that is damaging to a person's reputation; a written
defamation.

■ The four elements of libel:

1. The imputation must be malicious.

2. The imputation must be defamatory.

3. The imputation must be made publicly.

4. The offended party must be identifiable.

 Anti-Obscenity Law
■ Offenses against decency and good customs are also penalized under Article 201 of the
Revised Penal Code (as amended by P.D No. 960). These include immoral doctrines, obscene
publications or exhibitions and indecent shows. Publications or materials prohibited under this
law tend to:

1. Glorify criminals

2. Serve no other purpose but satisfy the market for violence, lust or pornography

3. Offend a race or religion

4. Abet traffic in use and use of prohibited drugs

5. Encourage acts contrary to law, public order, morals, good customs, established
policies, lawful orders, decrees and edicts.
 Invasion of Privacy Law
■ A person’s right to privacy is guaranteed by the Constitution.

■ Data Privacy Act is a law that seeks to protect all forms of information, be it private, personal, or
sensitive. It is meant to cover both natural and juridical persons involved in the processing of
personal information.

■ The publication or disclosure or any of his private affairs, though not necessarily libellous, may
cause embarrassment or injure his relations with his fellowmen. Also, the Civil Code provides
that, “every person shall respect the dignity, personality, privacy and peace of mind of his
neighbours and other persons.”

■ The following and similar acts that may produce cause of action for damages and other reliefs:

1. The publication or dissemination of letters and other private communications without

the consent of the writer or his heirs;

2. The publication of a picture or photograph without the consent of the subject who is not a
public figure, especially if its for commercial purposes.
 Law on National Security
■ Under Article 138 of the Revised Penal Code, any person who is found to incite people to
sedition or rebellion or commits acts that will endanger security and safety of the State, shell be
penalized. Publications are seditious when they:

1. Tend to incite others to sedition.

2. Constitute scurrilous libels against the government or against any of the constituted
authorities.

3. Tend to disturb or obstruct any lawful officer in executing the obstruct functions of his
office.

4. Tend to instigate others to cabal and meet together for unlawful purposes.

5. Suggest or incite rebellious conspiracies or riots.

 Contempt of court
■ Judicial contempt may arise whether a case is pending in court or not. When a case is pending,
the orderly administration of justice is to be protected. Any improper conduct that tends to
directly or indirectly impede, obstruct or degrade the administration of justice is contempt of
court.

■ A publication is liable for contempt if:

1. It clearly shows tendency to impede the administration of justice

2. It is directed toward the court and is not a report of fair comment upon an action before
the court.

■ Proceedings for disbarment of a lawyer or for the investigation of a judge of a superior court
belong to this category. Reports and comments on the court proceedings, however accurate,
would constitute contempt.
 Copyright Law
■ The copyright law is designed to protect intellectual property. Applications for copyright can be
filed with the National Library. Intellectual works that may be copyrighted include:

1. Books, including composite of cyclopaedic works, manuscripts, directories, and other

compilations.

2. Periodicals, including pamphlet.

3. Lectures, sermons or other materials prepared for oral delivery.

4. Dramatic or musical compositions.

5. Maps, plans, sketches, charts, drawings, designs or any works of art.

6. Photograph, cinematographic pictures etc.