CLEMENTE, Pearl Iris L.

Pearl

BAMC 3A

HIGHLIGHTS
PRESS FREEDOM: THE PHILIPPINE CONTEXT
Article III, Section 4 of the 1987 Constitution:

November 21, 2015

INSIGHTS

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.

This law states that everyone is entitled in forming and

delivering his own opinions through the use of any other
medium of his choice. This implies the right of every
individual in voicing out his ideas as a form of
expression to comment without restraint on certain
issues that interest him.

Article II of the 1987 Philippine Constitution the

Declaration of Principles and State Policies

Democratic and Republican State.

Democratic, in a sense, that it is a government wherein
people, either directly or indirectly, elect their rulers for
a certain period of time.
Republican, because the power of the government lies in
the hands of the people and in turn, the people give the
elected officials the authority or power to represent them
to serve their own interests.

(1) The Philippines is a democratic and republican

State. Sovereignty resides in the people and all
government authority emanates from them.

(24)
The State recognizes the vital role of
communication and information in nation building

A QUICK GUIDE TO THE LAWS ON THE

PHILIPPINE COMMUNICATION MEDIA

According to UNESCO Jakarta Director Hubert

Gijzen at the Global Media Forum: The Role
of Media in Realizing the Future We Want For
All which happened in Bali, Indonesia, he
stated that:
Media is an indispensable element in
mobilizing public participation, including the
most vulnerable groups, in enhancing
interreligious and intercultural dialogue, in
addressing concerns about environmental
sustainability, in protecting and promoting all
human rights for all persons, and in
contributing to poverty eradication and good
governance by ensuring transparency and
accountability,

Laws Affecting All forms of Mass Media in the

Philippines are:
(1) The Constitutional Provisions
a. Freedom of Expression
- Article III Section 4:

b.

The Right to Information

- 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.

c.

The Right to Privacy

- 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, and no search warrant or
warrant of arrest shall issue except upon probable
cause to be determined personally by the judge after
examination under oath or affirmation of the
complainant and the witnesses he may produce, and
particularly describing the place to be searched and
the persons or things to be seized.

(Stated above)

The publics right to information is of utmost

importance, for it not only promotes transparency with
regards to governmental affairs but it also gives life to
the ideal government by the people. This right is
crucial for the people to check and see if the government
is still acting for the benefit of their citizens and not for
their mere individual interests.

This law clearly states the right of the people against

unreasonable search, seizures and arrest.
Search Warrant
-

Defined by the Rules of Court as an order in

writing, issued in the name of the Philippines,
signed by a judge and directed by a peace officer,
commanding him to search for a certain personal
property and bring it before the court.(Rules of
Court, Rule 126, Sec 1)

Warrant of Arrest
-

Article III Section 3

(1) 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

It is a command in formal writing issued against

a person; to take him into custody of law in order
that he may be bound to answer for the
commission of an offense. (Rules of Court,
Rule 113, Sec. 1)

prescribed by law.
(2) Any evidence obtained in violation of this or the
preceding section shall be inadmissible for any
purpose in any proceeding.

d.

The Commission on Elections

- Article IX-C

Sec. 2. The Commission on Elections shall exercise

the following powers and functions:
(1.) Enforce and administer all laws and regulations
relative to the conduct of an election, plebiscite,
initiative, referendum, and recall.

Sec. 4. The Commission may, during the election

period, supervise or regulate the enjoyment or
utilization of all franchises or permits for the
operation of transportation and other public utilities,
media of communication or information, all grants,
special privileges, or concessions granted by the
Government or any subdivision, agency, or
instrumentality thereof, including any governmentowned or controlled corporation or its subsidiary.
Such supervision or regulation shall aim to ensure
equal opportunity, time, and space, and the right to
reply, including reasonable, equal rates therefore, for
public information campaigns and forums among
candidates in connection with the objective of holding
free, orderly, honest, peaceful, and credible elections.

e.

Policy Environment for

Communication and Media Ownership

Probable Cause
-

A compelling belief that signifies a reasonable

ground for suspicion supported by facts and
circumstances.

The right to privacy of communication and

correspondence states that a person has the right not to
disclose conversations with another person/s to the State,
giving them the privacy to communicate and correspond
respectively, unless public security/order requires it
under lawful order of the court.

The Commission on Elections as an independent office,

works to enforce needed laws during election/election
period. Since it is said that as a democratic and
republican state, wherein the sovereign power of the
government emanates from the people (through
suffrage) it is their duty to safeguard the will and
decision of the people; to supervise, regulate all the
relevant procedures required to hold a free, orderly,
honest, peaceful, and credible elections.

Republic Act No. 9006, otherwise known as the "Fair

Election Act,"

- Article XVI, Section 10 General Provisions.

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.

- Article XVI Section 11:

(1) The ownership and management of mass media shall
be limited to citizens of the Philippines, or to
corporations, cooperatives or associations, whollyowned and managed by such citizens.
The Congress shall regulate or prohibit monopolies in
commercial mass media when the public interest so
requires. No combinations in restraint of trade or
unfair competition therein shall be allowed.
- (2) The advertising industry is impressed with public
interest, and shall be regulated by law for the
protection of consumers and the promotion of the
general welfare.
Only Filipino citizens or corporations or associations
at least seventy per centum of the capital of which is
owned by such citizens shall be allowed to engage in
the advertising industry.
The participation of foreign investors in the governing
body of entities in such industry shall be limited to
their proportionate share in the capital thereof, and
all the executive and managing officers of such
entities must be citizens of the Philippines.
COMMENTARIES ON THE PHILIPPINE MASS
MEDIA SYSTEM AND MEDIA LAWS

The idea of freedom is universal.

An act to enhance the holding of free, orderly, honest,

peaceful and credible elections through fair election
practices

The State shall provide and develop policies and means

to disseminate information that will reach every Filipino
in all regions to further cater the national interest and the
balanced flow of information circulating throughout the
country.
I believe that one of the best examples the will best fit
this law, is the advocacy of Sen. Grace Poe in boosting
the industrys full potential by addressing the slow
Internet speed here in the Philippines. According to her,
"Internet has become a key means by which individuals
can exercise their right to freedom of opinion and
expression, as guaranteed by Article 19 of the Universal
Declaration of Human Rights and International
Covenant on Civil and Political Rights."

This law upholds the freedom of the press. Limiting the

ownership or management of mass media to the citizens
of the Philippines and promoting diversity of views.
This is to ensure that no forms of exploitation, unjust
censorship and biased coverage will happen. Unfair
competition is also prevented in the field of mass media
by regulating monopolies in the market for the
protection of the consumers preventing the manipulation
of public opinion. and for the benefit of the general
welfare.

Law is a means of social control which restricts

freedom. At the same time, it is the major means of
coercing human behavior consistently with freedom.

According to Dennis Lloyd,

The relation of law to liberty is obviously a very close
one since law may be used either as an instrument of
tyranny or it may be used as a means of giving effect to
those basic freedoms which in a democratic society
regarded as part essential of the good life.

John Paul II, referred to as the Great Communicator,

described media as:
mass media as the modern forum

By universal, it means that the idea of freedom is

granted to everyone in this world. Each and every
individual has his or her own interpretation of freedom
depending on how it is understood, experienced and
talked about, thus, making it a subjective concept.

Laws are developed by the government to promote,

maintain and establish balance and order and also to
protect its citizens. The law does restrict our freedom to
freely do something according to our own will, however,
we must also take into consideration that the reason why
we are still enjoying our freedom is because we are wellaware of the presence of the law and that we must abide
accordingly and the punishment it carries with it.

Knowing how much power the law has, it can either be a

means to suppress the people of their own rights and
freedom or it can also be the other way around giving
them the privileges of being in a democratic society.

Mass Media serve as the arbiter of public opinion which

in turn influences the political organization in the pursuit
of its goals.

Mass media, as a very powerful tool and outlet for

information and entertainment, have undeniably
imposed a big impact on the lives of each and every one

Common good is defined as a social order which

enables every single individual in society to attain his or
her full development, economically, politically,
culturally and spiritually.

The law on freedom of the speech and of expression and

of the press is the fountainhead of the law on mass
media.

of us. Their effects are continuously expanding to the

point of extending their reach to our own values, attitude
and even on our own culture. They hold a certain power
that can influence and mold our perceptions and point of
view with almost everything including our own opinions
and beliefs on certain matters be it political issue or
social ones and even our sense of reality. Often, at the
present time, what mostly becomes the trend have been
first shown or portrayed on the media, making it the
norm and so we adapt accordingly.

Mass media serve to mediate between the government

and the general public. They act as the voice of the
people to express their concerns to the government. As
an information disseminator, they are inclined to let the
authorities, public officials or anyone in the government
know the status and the general well-being of the people
for them to implement needed laws or actions in line
with the concerns of the public.

One of the stated goals at the Preamble in which all

systems, policies, different social institutions, as well as
the environment should be for the benefit of each and
every individual and not just for a selected number of
people.
Free speech and free press are the most potent
instruments of public opinion and are, therefore
indispensable to the preservation of liberty and
democracy.

Indeed, it has been said that medias real power is the

power to inform the people how effective or ineffective

The law on freedom of the speech, of expression and of

the press serves as the basic foundation for the law on
mass media to take effect. Its scope extends from any
form of utterances to different forms of expressions be it
verbal or non-verbal using a specific kind of medium.
However freedom of expression is still subject to some
regulations by the State.

government policies, programs, laws and institutions

are. But freedom of the press also has with it an implied
obligation to help people understand government.

The media are considered a part of the standing pillars in

a democratic country. Without the media, or the freedom
to express ones thoughts, ideas and opinions, well
always be living a life fully suppressed of our rights and
will fully contradict the whole meaning and essence of
democracy.
The Proclamation No. 1081, the declaration of Martial
Law in the Philippines by President Ferdinand E.
Marcos, (September. 23, 1972) is the perfect example to
give us insights on what will happen if free speech/free
press are restrained, and limited by the government.

The role of the media as a watchdog. As an effective

information disseminator, it is the job of the media to
inform the citizens regarding the performance of the
elected authorities, if policies and programs are still
made for the benefit of everyone or for just their own
individual interests. However, since the media mediate
the relationship between the general public and
government, it is also their duty to help the people grasp
a better understanding of the decisions made by the
government.