for media law students. Fair comment as defense in libel

Para po ito sa mga mag-aaral ng  batas sa media o media law. Karugtong ito ng natapos na talakayan sa klase ukol sa defamation o paninirang puri at ukol sa privileged communication o natatanging pinapahintulutang pahayag bilang eksepsyon sa libelo pananggalang sa  libelo.

Natapos natin ang dalawang klase ng privilege, absolute at qualified. Natapos natin ang pitong kategorya ng qualified privileged communication. Natapos natin ang anim na kategorya ng pampublikong opisyal bilang paksa ng privileged communication batay sa jurisprudence.  At ang talakayan sa kung sino at ano ang public figure o pampublikong personahe. May sampung kategorya ng kung sinu-sino ang public figure o pampublikong personahe batay sa jurisprudence. At inisa-isa natin ang sampung kategorya na ito.  At gamit ang lahat ng batayang prinsipyo na ito, sinuma natin ito sa apat na layers o antas ng Public Figure Doctrine, batay sa jurisprudence. At yung pang-apat na antas, pinalawig natin ang isang bahagdan nito sa tatlo: reckless disregard for the truth,        knowledge of falsity,     facts to show motive for revenge, all categorized as malice-in-fact… this podcast plays automatically… (this podcast uses a few seconds of music from “Brave” by Sara Bareilles, performed live by Carole King and Sara Bareilles; photo by Myra Lambino; all used here non-commercially for academic purposes)…

One thought on “for media law students. Fair comment as defense in libel

  1. Maria Ninotchka M. Herrera (1992-34541, MA Journ)
    M230 Media Ethics / Prof. Marichu Lambino

    Opinion on the FOI Bill

    In this day and age when access to information plays a crucial role in the maintenance of peace and order in what is now becoming an information-and-communication-technology-driven society, it is only right that an FOI law in the Philippines must be passed. It is only through such a law and the implementation of such that we can test if it serves its purpose of ensuring transparency, accountability and citizen participation in governance. Unbridled access to information that are of public interest is one of the inherent concepts that should exist in a democracy.

    It is good that the bill is now awaiting second reading. It is also worthy to note that in this proposed bill, government officials can be penalized (jailed) when they refuse to release the information requested by interested parties. Enabling ordinary citizens to access information that would prevent the ‘few’ from having a monopoly of power over the ‘many’ is good. People who are well-informed of their basic rights ultimately leads to empowerment.

    However, given the proposal’s “watered-down” version – as described by the Makabayan bloc – the public must keep vigilant, lest those in power abuse it by using the exemptions and restriction clauses in the bill (there are just too many of them) against the need of the people to be informed. I understand why the National Press Club director ‘welcomes’ the passage of the bill but ‘with guarded optimism’. Yes, it seems that instead of being a ‘demand-driven FOI’, the latest version is more ‘supply-driven’, where the government “only releases information that they want to share”.

    But again, between having an FOI law and none, I would still opt for the former, no matter how imperfect the law may be. As long as citizens continue to be vigilant and maintain a critical stance over the various social, cultural, economic, and political processes in society, I think the people themselves would know and would do something if there should be a need to make amendments to laws as they see fit. #

comments are welcome anytime EXCEPT those with more than 12 links or 12 URLs pasted. Tnx)

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