TRIGGER WARNING for all examinees (And some handouts & notes)

if on mobile device: Pls click “Listen in browser” on the soundcloud pod below to play today’s Number 7 in the Christmas 2017 playlist — an OPM:

      FOR THE LAW ON MASS MEDIA CLASSES, (two classes)

 TRIGGER WARNING for all media law examinees.

(And some handouts and notes)

Trigger warning for students taking the exam:            The usual rules made known to all students at the start of the semester and in the previous exam will be enforced with the usual strictness on all examinees equally (e.g., Rules include the usual “No talking once exam sheets with exam questions have been distributed” for whatever excuse a student has for chattering with his/her neighbor; all devices should be on silent mode, a student whose device disrupts the exams will be asked to leave; etc.).

       Students who are experiencing grief, anxiety, clinical depression, bipolarism, manic-depressive syndrome, PTSD, and similar conditions requiring medication, who may not be able to withstand the ordinary rigors of exam-taking and the consequences of violating the ordinary rules of taking exams (e.g., being asked to leave the exam room if they violate the rules) are advised to consult with their physician to determine if they are fit to take the exam and any consequence of violating the usual ordinary rules.

      Be prompt for exams. In order to prevent disrupting the concentration of students already taking the exams, doors to the exam room will be closed 15 minutes after the start of the exam: Be an adult and accept the consequences of being late for exams.

     For everyone’s guidance. 

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Additional notes for libel (fair comment) at:

https://marichulambino.com/2016/03/06/legal-standards-fair-comment/

A quiz has been administered on “Right to Privacy”, laws and cases — this will no longer be included in the exam.

LAW ON MASS MEDIA marichulambino (the exam will cover all topics taken up after the first exam including rights of media practitioners as workers; rights of content-creators (copyright) but excluding those that have been covered by in-between quizzes, e.g., right to privacy of the subject as limit to freedom of expression)
Laws on Public Order 

( see, first, discussion and articles on:  “Direct State Action Replacement of the government by revolution, theoretically at the behest of the State”. (Philippine Political Law by Cruz, 1998 ed. citing Vicente Sinco)

(My notes: in the period of time that the acts are not considered “direct state action” as contemplated in constitutional law, the State is given the right to defend itself by the usual process of filing political crimes against the “insurgents” (investigation, indictment, arrest, prosecution), under the provisions of the Revised Penal Code and the Rules of Court.)

REBELLION (in connection with inciting to rebellion)
Elements of the crime:
1.Rising publicly
2.. and taking arms against the Government
3. for the purpose of
3. (for the purpose of overthrowing government or…) a)removing from the allegiance to said Government or its laws, the territory of the Philippine Islands or any part thereof, of any body of land, naval or other armed forces,
3.b)depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives.

(the operative term is “taking arms”, or using force, violence, etc.)

INCITING TO REBELLION
Elements of the crime:
1.without taking arms or being in open hostility against the Government,
2.shall incite others to commit rebellion by means of
2.a) speeches,
2.b)proclamations,
2.c.)writings,
2.d)emblems,
2.e.)banners
2.f) or other representations tending to the same end

SEDITION (of American colonial vintage, still found in our statute books)

(in connection with inciting to sedition)
Sedition. Elements of the crime
1.rising publicly and tumultuously
2.in order to attain by force, intimidation, or by other means outside of legal methods, any of the following objects:
2.a)To prevent the promulgation or execution of any law or the holding of any popular election;
2.b)To prevent the National Government, or any provincial or municipal government or any public officer thereof from freely exercising its or his functions, or prevent the execution of any administrative order;
2.c)To inflict any act of hate or revenge upon the person or property of any public officer or employee;
2.d)To commit, for any political or social end, any act of hate or revenge against private persons or any social class; and
2.e.) To despoil, for any political or social end, any person, municipality or province, or the National Government (or the Government of the United States), of all its property or any part thereof.

INCITING TO SEDITION (of American colonial vintage, still found in our statute books)
Elements of the crime
1.without taking any direct part in the crime of sedition,
2.should incite others to commit sedition by means of
2.a)speeches,
2.b.)proclamations,
2.c)writings,
2.d) emblems,
2.e)cartoons,
2.f)banners,
2.g)or other representations tending to the same end,
3. or shall utter seditious words or speeches,
4.write, publish, or circulate scurrilous libels against the Government
(of the United States or the Government of the Commonwealth or any of the duly constituted authorities thereof,
5.or which tend to disturb or obstruct any lawful officer in executing the functions of his office, 6.or which tend to instigate others to cabal and meet together for unlawful purposes,
7. or which suggest or incite rebellious conspiracies or riots,
8.or which lead or tend to stir up the people against the lawful authorities
9.or to disturb the peace of the community, the safety and order of the Government,
10.or who shall knowingly conceal such evil practices.

INCITING TO WAR
Elements of the crime
1.by unlawful or unauthorized acts
2.provokes or gives occasion for a war involving or liable to involve the Philippine Islands or exposes Filipino citizens to reprisals on their persons or property.

UNLAWFUL USE OF MEANS OF PUBLICATIONS AND UNLAWFUL UTTERANCES (Art. 154, RPC)
1.Any person who by means of printing, lithography, or any other means of publication
shall publish or cause to be published as news any false news which may endanger the public order, or cause damage to the interest or credit of the State;
2. Any person who by the same means, or by words, utterances or speeches shall encourage disobedience to the law or to the constituted authorities or praise, justify, or extol any act punished by law;
3. Any person who shall maliciously publish or cause to be published any official resolution or document without proper authority, or before they have been pubublished officially; or
4. Any person who shall print, publish, or distribute or cause to be printed, published, or distributed books, pamphlets, periodicals, or leaflets which do not bear the real printer’s name, or which are classified as anonymous
(My notes: The recently approved Republic Act 10951 signed by Duterte increased the fines stated in the Revised Penal Code)

ESPIONAGE ACT of the Philippines Commonwealth Act 616, 1940
(Peace time provisions)
SECTION 3. Disloyal acts or works in time of peace. — It shall be unlawful for any person, with intent to interfere with, impair, or influence the loyalty, morale, or discipline of the military, naval, or air forces of the Philippines or of the United States: (a) to advise, counsel, urge, or in any manner cause insubordination, disloyalty, mutiny, or refusal of duty by any member of the military, naval, or air forces of the Philippines or of the United States; or (b) to distribute any written or printed matter which advises, counsels, or urges insubordination, disloyalty, mutiny, or refusal of duty by any member of the military, naval, or air forces of the Philippines or of the United States. The violation of this section shall be punished by imprisonment for not more than ten years, or by fine not more than ten thousand pesos, or both.
(War time provisions)
SECTION 4. Disloyal acts or words in time of war. — Whoever, when the Philippines or the United States is at war, shall wilfully make or convey false reports or false statements with the intent to interfere with the operation or success of the military, naval, or air forces of the Philippines or of the United States or to promote the success of its enemies shall wilfully cause or attempt to cause insubordination, disloyalty, mutiny, or refusal of duty, in the military, naval, or air forces of the Philippines or the United States, or shall wilfully obstruct the recruiting or enlistment service of the Philippines or of the United States, to the injury of the service of the Philippines or of the United States, shall be punished by imprisonment for not more than twenty years, or by a fine of not more than twenty thousand pesos, or both 

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RIGHT OF THE ACCUSED TO A FAIR TRIAL VERSUS THE RIGHT TO A FREE PRESS

(My notes: four principal types of prejudicial publicity which interfere with the right of the accused to a fair trial; they’re in four categories.)

(1) prejudicial material such as publication of previous criminal records, results of lie-detector tests, confessions or witnesses of so-called witnesses not yet admitted by the court, etc.

(2) Sensationalism or sensationalized reporting; (3)vigilantism by the press;

(4) excessive publicity (Fernandez, Mass Media Law)

 

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