Media law final exams today. 1pm exam, finished, examinees have left the room and spread the word, so the 1pm questions are now public. Here’s one of the bonus questions:
For 5 points! (Drumroll…)
66-71) Blogger JLo complained during a press con on the Cybercrime Law that her daughter would not be able to “rant” anymore in Facebook and Twitter whenever she is served “undercooked” or “overcooked” hamburger in Jollibee or McDonald’s because “it would be punishable as libel” under the Cybercrime Prevention Act of 2012. What would you advise JLo, based on your background in media law? Explain.
xxx xxx xxx
i’ll be incommunicado until I’ve submitted the grades. Well, actually, I could still be reached but I won’t reply unless… close po ba tayo? ka-text ko po ba kayo, hindi po, salamat.
For that interregnum, will just be blogposting the amusing answers to the bonus questions starting tomorrow; maybe one a day.
xxx xxx xxx
For this particular question, since there is no particular jurisprudence with exactly the same facts, there are no right and wrong answers; but the examiner is looking for the following: 1)What are the subjects of fair comment? [We took up at least nine (many!) subjects of fair comment, with one of them being so broad as to cover any matter of public interest; and 2)what the criteria for fair comment? Those comments are not libelous. Just state the relevant category and you’ll get the full points.] 3) If the examinee includes the following discussion, he/she will get wild applause from me: When is a so-called “rant”, “joke” etc. (a “like” in FB or a “he-he-he” after a re-tweet) covered by the fair-comment-rule and therefore not libelous? (broad category too; you’ll be happy if you know your media law) Abangan the sagot! (Watch out for the answers!)
Libel is always content-based, it is not medium-based.
(Palakpakan! applause! big smile! confetti! balloons!)
Discover more from marichulambino.com
Subscribe to get the latest posts sent to your email.