Media Law Exam

Media and Communication Law Exam. (First exam on the first part of the syllabus: “Rights and Privileges of Reporters” etc.) Sept. 2, 2007. You will not pass this exam if you are not able to cite or describe the pertinent cases. Rhetoric and generalities like “human rights violations” or “violation of free expression” will not earn you points. This is a closed-notes closed-books exam. You will not be allowed to leave the room until you’re done. You are not allowed to communicate with each other or use any electronic device. 50 pts with 7 pts bonus.

1.The Commission on Human Rights (CHR) in a “hearing” on the disappearance of NGO worker and agriculturist Jonas Burgos, directed the Intelligence Services of the AFP to conduct an investigation and submit a report within a week on why the van that carried away Jonas Burgos bore the plate number of a vehicle in the custody of the the 56^th Infantry Battalion of the Army in Bulacan. ISAFP conducted its investigation but refused to give the CHR its report. In the petition for habeas corpus in the Court of Appeals, it also refused to give its report. Gelene Rosales, a reporter of The Herald went to the ISAFP office and asked for a copy. She was refused too. A) In Gelene’s case, are there any legal issues on media law here? Specify and explain fully. Cite or describe the pertinent case. (5 pts.) B)In the case you are citing/ describing, what reliefs if any did the Court give? Specify.(3 pts.) C)What conditions did the Court require, if any, for the relief to be obtainable? Specify. (3 pts.) D)Can Gelene file any action or case in court on the matter? Specify her legal remedy or describe the action she should file. (3 pts.) (total: 14 pts.)

2.Based on the same facts, Aira Alaparan was able to get a copy by “bribing” an insider, and her newspaper, Breaking News, a tabloid, was going to banner it. At press time however, on the strength of a search warrant, the ISAFP raided the printing press of Breaking News and seized all the computers and copies and the printing press, and warned Breaking News they would do it again if the tabloid tried to publish the report. A) Are there any legal issues here on media law? Specify and explain fully. Cite the pertinent case. (5 pts.) B)In the case you are citing/ describing, how did the Court rule? (3 pts.) C) What right/ component of press freedom/ obligation of the journalist did it define and describe? How did it describe this? What was its basis for recognizing this? (5 pts.) (Total: 13 pts)

3.In Thailand (until recently, the ban was lifted two days ago), all computers, servers, networks, had been disabled to block access to YouTube of any video on the subject matter of “insults to the King of Thailand”. Using Philippine constitutional law principles (that have counterparts in the Universal Declaration of Human Rights), are there any media law issues here? What are these, if any? Specify and explain fully. (5 pts.)

4.In China, before the Google company was allowed to conduct business, it had to agree to a contract that certain words in its search engine would not yield any results leading to the Tiananmen square massacre in 1989. There are thousands of articles worldwide on said event. Today in China, words like “Tiananmen”, “human rights violations”, or “massacre” do not link to any such story or article. Using Philippine constitutional law principles (that have counterparts in the Universal Declaration of Human Rights) are there any media law issues here? What are these, if any? Specify and explain fully. ( 5 pts).

5.Marian Palomares, a student, downloaded the song “Fragile” by Sting from the site angel.mp3.com and used it to produce a music video to honor the memory of Cris Mendez, the U.P. student killed reportedly in a Sigma Rho hazing. It was shown during the wake, but she did not produce any copies, only one. Its showing was however beamed as news clips in all the TV networks. Are there any media law issues here? Specify and explain fully. (5 pts)

6. Ali Z., a radio broadcaster, as a background story to the scheduled Senate hearing on the Hello Garci tapes, played again a portion of said tapes on air. Did she violate the Anti-Wiretapping Law? Specify the overt acts enumerated in said law. (5pts)

7.What are the employees’ right applicable to full-time reporters/ producers/ photographers/ cameramen in the Labor Code? Specify. (5 pts.)

8.BONUS: In your opinion, does the approval and implementation of the Human Security Act raise any media law issues? Specify and explain fully. (5 pts.)