PRESS

FREEDOM:
ITS SCOPE AND
LIMITATIONS
Reported by Jerico O. Julaton BSED-English III
BILL OF
RIGHTS
Section 4: no law shall be passed
Article of abridging the freedom of
the 1987 speech, of expression or the
also known press, or the right of the
as Bill of people peaceable to
Rights assemble and petition the
government for redress of
grievances.
Provisions It is patterned after the First
Amendment of the US
after the Constitution in 1791 that runs
independence simply: the Congress shall
in 1946. make no law respecting an
establishment or religion,
prohibiting the free exercises
thereof; or abridging the
freedom of speech, of the
press.
 MORE
GUARANTEES ON
PRESS FREEDOM
 The 1987 Another provision found in Section 7
of the Bill of Rights, which state that
Constitution the right of the people to
information on matters of public
reinforces concern shall be recognized. Access
the guarantee to official records and to documents
and papers pertaining to official
on press acts, transactions or decisions as
freedom 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 II, subject to reasonable conditions
prescribed by law, the State
Section 28 adopts and implement a policy of
full disclosure of all its
transactions involving public
interest .

Section 24 the State recognizes the vital role

of communication and
information in nation building.
SIX LIMITATION
TO PRESS
FREEDOM
1. LIBEL Libel as a crime, is defined by
Revised penal Code as public and
malicious imputation of a crime, of
a vice or defect, real of imaginary,
or any act, omission, condition,
status, or circumstances tending
top cause dishonor, discredit or
contempt to a natural or juridical
person, or to blacken the memory
of o0ne who is dead.
 2. Anti- Offenses against decency
and customs are penalized
obscenity under Article 201 of the Revised
law Penal Code, Includes
Glorify criminals or condone
crimes
Serve no other purpose except
to satisfy the market of
violence, lust or pornography.
 2. Anti- Offend a race or religion

obscenity Abet trafficking in the used of

prohibited drugs.
law Encourage acts contrary to
(cont.) law, public order, morals, good
customs, established policies,
lawful orders, decrees and
edicts.
3.Right The civil Code provides that
every person shall respect the
of dignity, personality, privacy and

privacy peace of mind of his neighbors and

other persons. Among prohibited
acts are:
Publication or dissemination of
letters and other private
communication without of
consent of the writer or his heirs.
3.Right Publication of a picture

of
without the consent of the
subject who is not a public
privacy figure, especially if it is done
(cont.) for commercial purposes.
 4. Law Under Article 138 of the

on
Revised Penal Code, any person
who is found to incite people to
national sedition or rebellion or commit
security acts that will endanger the
security and safety of the State,
shall be penalized.
 4. Law Publications are deemed

on
seditions when they:
Tend to incite others to
national sedition
security Constitute scurrilous libel
(cont.) against the government or
against any of the duly
constituted authorities.
 4. Law Tend to disturb or obstruct

on
any lawful officer in executing
the functions of his office
national Tend to instigate others to
security cabal and meet together for
(cont.) unlawful purposes.
Suggest or incite rebellious
conspiracies or riots.
 4. Law The government has relaxed
its law on national security with
on the repeal of Republic Act 1700

national (also known as Anti-Subversion

Law).
security Republic Act 7636, signed by

(cont.) president Fidel V. Ramos on

September 23, 1992, legalizes
Communist Party of the
Philippines.
 5. Judicial contempt may

Contemp
arise whether a case is pending
in court or not. When a case is
t of court pending the orderly
administration of justice is to be
protected.
A publication liable for
contempt if:
 5. It directly shows tendency to
impede the administration of
Contemp justice

t of court It is directed toward the court

and is not a report of fair
(cont.) comment upon an action before
the court.
It takes place while the case is
pending or has not been decided
yet.
 6. The copyright law is designed
Copyright to protect intellectual
property. Applications for
Law copyright can be filled with
the National Library.
Intellectual works that may be
copyrighted are as follows.
 6. Books, including composite of

Copyright encyclopedic
manuscripts,
works,
directories,
Law gazettes, and other
(cont.) compilations.
Periodicals, including pamphlets
Lectures, sermons, dissertations
and other materials prepared for
oral delivery.
 6. Dramas or musical compositions

Copyright Maps, plans sketches, charts,

drawings, designs
Law Works of art , models or designs
(cont.) of works of art.
Reproductions of works of art
Photographs, engravings,
lithographs, cinematographic
pictures.
DOCTRINE OF
FAIR
COMMENT
 The basis The basis od this comment is
of Doctrine the constitutional right of free
of Fair speech.
Comment For as long as the comment is
directed against the work or
function of an official, and not
to the official himself, there is
no injury to his reputation.
 For the 1. An intellectual appraisal or
comment evaluation.
to be 2. Founded on facts, or what
considered in the mind of a reasonable
fair it man would normally be
accepted as facts.
must be:
3. Free from any imputation of
sordid or corrupt motives.
 For the 4. The result of honest opinion.
comment 5. Free from malice
to be 6. Upon a subject possessing
considered public interest.
fair it
must be:
(cont.)
QUIZ
1. It is Bill that states that no law shall be passed
abridging the freedom of speech, of expression or
the press, or the right of the people peaceable to
assemble and petition the government for redress
of grievances.
2. The Bill of Rights is patterned from what
amendment?
3. This reinforces the guarantee on press freedom.
4-9. Enumerate the Six Limitations on Press
Freedom.
10-15. Give 6 examples of works that can be
copyrighted?
16-20. Give at least 5 consideration in order for a
comment to be fair.
21-25. What is the Doctrine of fair judgement.
ANSWERS
1. Section 4, Article III of 1987 Constitution or the Bill of
Rights
2. First Amendment of the US Constitution in 1791.
3. 1987 Constitution
4. Libel
5. Anti-obscenity law
6. Right of privacy
7.Laws on national security
8. Contempt of court
9.Copyright
10-15.
1. Books, including composite of encyclopedic works,
manuscripts, directories, gazettes, and other compilations.
2. Periodicals, including pamphlets
3. Lectures, sermons, dissertations and other materials
prepared for oral delivery.
4. Dramas or musical compositions
5. Maps, plans sketches, charts, drawings, designs
6. Works of art , models or designs of works of art.
7. Reproductions of works of art
8. Photographs, engravings, lithographs, cinematographic
pictures.
16-20.
1. An intellectual appraisal or evaluation.
2. Founded on facts, or what in the mind of a reasonable
man would normally be accepted as facts.
3. Free from any imputation of sordid or corrupt motives.
4. The result of honest opinion.
5. Free from malice
6. Upon a subject possessing public interest.

21-25.
For as long as the comment is directed against the work or
function of an official, and not to the official himself, there is
no injury to his reputation.