UPDATED. Law on Mass Media & Communication 9th Exercise Final Exercise Deadline Dec. 4 at 5pm

UPDATED. Law on Mass Media and Communication 9th and Final Exercise with Deadline on Wednesday Dec. 4 at 5pm

 Based on the class discussion on the rights of private individuals as limit to the right to freedom of the press or the right to free speech, and the discussion on laws on public order as limit to the right to freedom of the press or the right to free speech, submit an illustration of any one of the following:

    Either : A. The concept of the right to privacy of private individuals as a limit to freedom of expression (1.Constitutional protection of right to privacy as against the State; 2.Protection of the right to privacy under the Civil Code; 3.Protection of the right to privacy under special criminal laws; 4.Protection of the right to privacy as enunciated by the Supreme Court (jurisprudence) ) (time frame: news reports from 2018 to 2019)

UPDATE: BONUS for five points which can be availed of for any option: For an additional five points on reporting, the right to privacy (and listening and reading comprehension) :
Question: Is there a difference in the following statements of conclusion based on data from clinics that there are more reported cases of depression:
a)Statement of conclusion most often made by researchers: “There are more actual cases of depression in the last five years compared to the years before that, according to hospital records.”
b)Another statement of conclusion that’s not used: “There are more reports of actual cases of depression in the last five years, compared to the years before that when they were probably not being reported, based on hospital records.”
1.What is the difference, if any, between the two? Explain.  2.Which statement would be more accurate?

   3.Are there other possible theorization / explanation for the data? Explain, then state why it is important to offer all possible explanations and   analysis for the data (for five points).
(On the other hand, cases of suicides and suicide attempts may be a more accurate measure of the qualitative change in the phenomenon of depression in the last five years compared to years before that, and used as jumping point of the study, i.e. absent more accurate data,  the data on the increase in suicide cases and suicide attempts may support the conclusion that there are more cases of depression in the last five years compared to the years before that  — more quantifiable — rather than varying general reports of depression). 
(a sample, from naomiczar of the Ethics class: “…This statement (the second), in comparison to the prior statement, significantly limits the scope of the data from which the conclusion was based; and thus offers a more streamlined and careful conclusion and consequently, implications that can be derived.

     “It is pertinent to offer all possible explanations and analyses for the data because it decreases the probability of the data being misinterpreted and it can also offer different perspectives about the data. This will guide us to consider various interpretations and consequently make valid and informed decisions.”)


or

      B. The law on inciting to sedition or inciting to rebellion  as used or threatened to be used by the State or public officials (time frame: news reports from 2018 to 2019).

        (the bonus can be availed of whatever option the class member takes).

      The deadline is on Wednesday, Dec. 4, 2019 at 5pm.

   

            Happy National Heroes’ Day!

18 comments

  1. The law on inciting to sedition or inciting to rebellion as used or threatened to be used by the State or public officials.

    Illustration: Philippine police file sedition case against vice president – July 18, 2019

    https://apnews.com/751d5291b6e146a0b691f8e0addddd57

    Sedition and other criminal charges were filed against the “vice president, three opposition senators, four Roman Catholic bishops and other critics of President Rodrigo Duterte for allegedly plotting to destabilize his administration.”

    The allegation is centered on the critics’ attempt to discredit Duterte, his family, and other government officials by linking them to drug syndicates.

  2. The law on inciting to sedition or inciting to rebellion as used or threatened to be used by the State or public officials.:

    NBI files inciting to sedition complaint vs ‘Bikoy’ video sharer

    SOURCE: https://www.rappler.com/nation/229526-doj-says-bikoy-video-sharer-faces-inciting-sedition-charge

    On April 17, Justice Secretary Menardo Guevarra ordered the National Bureau of Investigation (NBI) to start a probe into the Bikoy videos, a series of online videos that linked President Rodrigo Duterte’s family and those close to him to the illegal drug trade. The NBI filed the complaint against Rodel Jayme before the Department of Justice following his arrest. The NBI complaint accused Jayme of committing “Article 142 Inciting to Sedition under the Revised Penal Code in relation to Section 6 of Republic Act 10175, otherwise known as the Cybercrime Prevention Act of 2012.”

    “The law did not require a person to be involved in seditious acts. As long as the elements are met, one can be charged to be in violaton of Article 142,” said the NBI. The NBI also said Jayme “did not just share” the videos, but participated “in a concerted effort (not merely a statement of opinion) directed to a more complicated result.”

    The Malacañang-backed “matrix” on a supposed ouster plot links the “Bikoy” videos to media groups like Rappler, Vera Files, the Philippine Center for Investigative Journalism, and human rights group National Union of Peoples’ Lawyers. The implicated groups have dismissed the so-called matrix as false and rubbish.

  3. BONUS:

    What is the difference, if any, between the two? Explain.
    Which statement would be more accurate? Explain, then state why it is important to offer all possible explanations and analysis for the data (for five points).

    The statement “there are more reports of actual cases of depression in the last five years” is more accurate compared to the first statement that says “there are more actual cases of depression in the last five years”. When one includes words such as “more reports” in a statement, it means it is based on factual pieces of evidence and credible news. When you only say “there are more actual cases of depression in the last five years”, it doesn’t state where you got the data from or where was the information based from. It is important to extend more information and analysis about the data you have gathered in order for the people to understand the reasons on why are there more reports of actual cases of depression in the last 5 years, and for them to know the significance behind this report and why is it important to know the data behind it. Eventually, they would learn how they can help lessen the reported cases of depression.

  4. The concept of the right to privacy of private individuals as a limit to freedom of expression

    Peeping Tom? Foreigner nabbed for taking videos of female boardmate – 12 April 2019

    Source: https://cebudailynews.inquirer.net/227968/peeping-tom-foreigner-nabbed-for-taking-videos-of-female-boardmate

    A foreigner from Papua New Guinea has been arrested by the police in Cebu City after he was accused of “taking photos and videos of his female boardmate while she was bathing”. The 21-year-old female boardmate reported that she saw the suspect “spying on her through a hole on the wall of the bathroom”, even saying that they had eye-to-eye contact. She also said that “the suspect was holding up a cellphone that she believed was used on recording videos of her taking a bath”. The suspect did not deny the accusations, but he clarified that he “saw and took videos of the victim while bathing through an open window”. In any case, the suspect has violated Republic Act No. 9995 or the Anti-Photo and Video Voyeurism Act of 2009.

    The act prohibits people “to take photo or video coverage of a person or group of persons performing sexual act or any similar activity or to capture an image of the private area of a person/s such as the naked or undergarment clad genitals, pubic area, buttocks or female breast without the consent of the person/s involved and under circumstances in which the person/s has/have a reasonable expectation of privacy”. In this case, the suspect took photos and videos of the victim while she was bathing – so her private areas were exposed – and bathing entails a ‘reasonable expectation of privacy’; therefore, the suspect has violated her right to privacy.

  5. Inciting to sedition as used by the State
    News article: Trillanes indicted for inciting to sedition
    Source: https://news.abs-cbn.com/news/02/26/19/trillanes-charged-with-inciting-to-sedition

    February 26, 2019

    Sen. Antonio Trillanes III was indicted as inciting to sedition over the remarks he made to the Senate, urging soldiers to kill President Duterte. The case alleged that Trillanes was planning a coup against the President. He made such remarks at the Senate on September 5, 2018.

    Sen. Trillanes faced other rebellion and coup d’etat charges over uprisings he led in 2003 and 2007.

  6. The law on inciting to sedition as used by the state

    Inciting to sedition trial vs Trillanes to proceed

    SOURCE: https://www.philstar.com/headlines/2019/05/09/1916407/inciting-sedition-trial-vs-trillanes-proceed

    “The inciting to sedition case against Sen. Antonio Trillanes IV over his remarks on President Rodrigo Duterte’s hidden wealth will proceed after a Pasay junked his motion to quash due to lack of merit”

    According to Article 142 of the Revised Penal Code ‘inciting to sedition can be done through speeches, proclamations, writings, emblems, cartoons, banners or other representations ‘that tend to disturb or obstruct any lawful officer in executing the functions of his office, or instigate others to cabal and meet together for unlawful purposes. or which suggest or incite rebellious conspiracies or riots, or which lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community, the safety and order of the government, or who shall knowingly conceal such evil practices.”

    “The case stemmed from a complaint of suspended lawyer Eligio Mallari, Glenn Chong, Nestor Ifurung, Eduardo Bringas, Nasser Marohomsalic and Labor Undersecretary Jacinto Paras accusing the senator of inciting to sedition “by concocting, creating and making false documents and statements, (making) it appear that President Duterte has bank transactions from 2006 to 2015.”

    At the Senate last October 3, 2018, Trillanes uttered the remarks “So ito ngayon sagot. Kung makikita ‘to ng mga sundalo, M60 machine gun ang gagamitin sa’yo. Marami-rami ito, maubos magazine kung P40 million hinahanap mo, Mr. Duterte.”

    The court then held “These arguments are based on allegations that are purely evidentiary in nature, the truth of which can only be ascertained in a full-blown trial where the parties will be given equal opportunity to present proof that will support their respective claims.”

  7. The concept of the right to privacy of private individuals as a limit to freedom of expression

    News : In Russia, an Updated Law With New Restrictions on Freedom of Speech

    https://www.google.com.ph/amp/s/www.nytimes.com/2019/12/02/world/europe/russia-foreign-agents-law.amp.html

    MOSCOW — For years, nonprofit organizations in Russia have contended with a law branding them as “foreign agents” if they took money from abroad, presenting fines and bureaucratic hurdles that sometimes pushed those groups to shut down.
    Now, individuals who publish anything online and get paid from foreign sources will face the same legal obstacles.
    President Vladimir V. Putin of Russia on Monday signed into law several legal amendments that will require individuals to register as foreign agents if they publish “printed, audio, audiovisual, or other reports and materials” and receive money from foreign governments, foreign organizations, or even simply from foreign citizens.

    Russian lawmakers passed the amendments to Russia’s legal code in recent weeks despite opposition from activists, public figures, and international critics, who argued that the new restrictions will further stifle free speech. Russians generally don’t face outright censorship online, but they increasingly fear legal consequences for posting anti-government messages.

  8. The law on inciting to sedition or inciting to rebellion as used or threatened to be used by the State or public officials

    Gadon hopeful on Leni’s indictment for sedition

    SOURCE: https://news.mb.com.ph/2019/11/15/gadon-hopeful-on-lenis-indictment-for-sedition/?doing_wp_cron=1575362916.0497040748596191406250

    Lawyer Lorenzo “Larry” Gadon on Friday expressed hope that the Department of Justice (DOJ) will find probable cause to indict Vice President Maria Leonor “Leni” Robredo and her co-respondents in their pending sedition case.

    The case stemmed from the “Ang Totoong Narcolist” video series which features the hooded Bikoy, who was revealed to be Advincula, and accused a number of personalities including members of the Duterte family as being involved in the illegal drugs trade. In its complaint, the PNP-CIDG accused 36 respondents of having committed sedition, inciting to sedition, cyber libel, libel, estafa, harboring a criminal, and obstruction of justice.

    The PNP-CIDG said Advicula was allegedly engaged by the respondents for a destabilization plot called “Project Sodoma” to “spread lies against the President, his family and close associate, making them to appear as illegal trade protectors and how they earned staggering amounts of money.” Aside from Robredo and Advincula, the respondents named in the complaint include Senators Ana Theresia “Risa” Hontiveros and Leila de Lima as well as former Senator Antonio Trillanes IV.

  9. The law on inciting to sedition or inciting to rebellion as used or threatened to be used by the State or public officials

    Panelo: Joining rallies alone not enough basis to revoke scholarships

    SOURCE: https://www.rappler.com/nation/223940-panelo-says-joining-rallies-alone-not-enough-basis-revoke-scholarships

    “Kung sila’y sumasama lang sa mga rally (If they just joined rallies), that’s their right, that’s freedom of expression and freedom of assembly,” said Presidential Spokesperson Salvador Panelo on Wednesday, February 20, in a Palace news briefing.

    But using rallies “to foment violence, to incite sedition” is a “different story,” said Panelo.

    Asked if such actions merit the removal of a student’s scholarship, Panelo said: “Definitely naman, bakit naman hindi? Unang-una, idedemanda ka, eh di nakakulong ka pa kapag nagkataon, paano ka pa makakapag-aral?”

    Panelo said “mere membership” won’t be considered inciting to sedition or rebellion.

    “Mere membership alone will not suffice. You have to show us evidence that, one, you did join because you want to fight the government. But if you joined for whatever reason, like for fraternities, in UP (University of the Philippines), people join it because it’s a status symbol,” said Panelo.

    Justice Secretary Menardo Guevarra also rejected Cardema’s proposal, saying universities “should be proud that they are producing young people who are socially aware.”

  10. The law on inciting to sedition or inciting to rebellion as used or threatened to be used by the State or public officials

    Solon brands alleged SEA Games ‘fake news’ as ‘unpatriotic, inciting to sedition’ | (Nov 29, 2019)

    SOURCE: https://news.abs-cbn.com/video/news/11/29/19/solon-brands-alleged-sea-games-fake-news-as-unpatriotic-inciting-to-sedition

    The deliberate act of spreading false reports about the Philippines’ hosting of the Southeast Asian Games can be deemed as treason and inciting to sedition, a lawmaker said Friday.
    Three Facebook blog pages allegedly used troll farms to “boost” and gain “more shares” on their posts about problems in the SEA Games, including the alleged serving of a street food snack to athletes, said Kabayan party-list Rep. Ron Salo.

    “That’s just not unpatriotic, I suppose that’s treason on the part of the person doing it,” said Salo, who chairs the House public information committee. “Treason is the lighter word, but basically, there’s a criminal offense against this. It’s called inciting to sedition because you are basically calling for hate against the government,” he said.

    The National Union of Journalists of the Philippines earlier said it was “ridiculously unacceptable” for officials to bash the media for its reporting of the SEA Games. The Foreign Correspondents Association of the Philippines said it was “totally unacceptable” to accuse the press of being bribed to cover the SEA Games hosting negatively. A House inquiry will look into the alleged fake news, said Salo.
    False reports about the regional event also included a supposed unfinished stadium and the alleged use of the Philippine flag as a table skirt, said the congressman.
    Salo urged the media to practice “extreme caution” in their SEA Games coverage and report “something that would boost the morale of the people.”

  11. The law on inciting to sedition or inciting to rebellion as used or threatened to be used by the State or public officials.

    Tañada: Law as a weapon won’t silence opposition – August 2019

    Source: https://newsinfo.inquirer.net/1152219/tanada-law-as-a-weapon-wont-silence-opposition

    An opposition leader talked tough against the filing of a sedition case against key critics of President Rodrigo Duterte saying using the courts as a weapon by the Duterte administration would not silence Duterte’s critics.

    Tañada made the comment after the Department of Justice (DOJ) started the preliminary investigation of the sedition case against top opposition figures, led by Vice President Leni Robredo, and leaders of the Catholic Church.

    They had been accused of involvement in the production and airing of the “Ang Totoong Narcolist” video series which linked members of Duterte’s family and close allies to the drug trade.

    One alias “Bikoy,” who turned out to be alleged conman Peter Advincula was the narrator in the video.

    Tañada, in a statement, said the case indiscriminately targeted those who criticize Duterte over exteajudicial killings

    The PNP-Criminal Investigation and Detection Group (CIDG) filed sedition, inciting to sedition, cyberlibel, libel, estafa, harboring a criminal and obstruction of justice against more than 30 respondents including opposition senatorial candidates.

  12. The concept of the right to privacy of private individuals as a limit to freedom of expression

    Councilor reminds health sector of patient’s privacy

    source: https://www.sunstar.com.ph/article/1821493

    DAVAO City – Councilor Mary Joselle Villafuerte reiterated the hospital’s obligation to respect the privacy and confidentiality of their patients after a picture of a four-year-old patient who was confirmed to have died due to meningococcemia was leaked and shared online.

    Villafuerte said the parents of the patient were upset after the picture was posted and shared online without their consent.

    She said existing laws and guidelines mandate doctors and other hospital staff to uphold the privacy and confidentiality of their patient’s cases.

    According to Article 2, Section 6 of the Philippine Medical Association’s Code of Ethics, “physicians should hold as sacred and highly confidential whatever may be discovered or learned pertinent to the patient even after death, except when required in the promotion of justice, safety, and public health.”

    Villafuerte also said the Bill of Magna Carta of Patient’s Rights and Obligations Act of 2017 also details the individual rights of patients, which among others include the Right to Privacy and Confidentiality.

    “The patient has the right to privacy and protection from unwarranted publicity,” the councilor said during her privilege speech on Tuesday, September 3, reading the portion of the bill.

    Aside from the Bill and code of ethics mentioned above, the Article 26 of the Civil Code, which states that “Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition,” also protects the right to privacy of an individual. Even though the subject is about public health and is also of public interest. Any form of media, which includes a picture of a private individual or a minority, without their consent, is unlawful.

  13. The law on inciting to sedition or inciting to rebellion as used or threatened to be used by the State or public officials

    Robredo, 35 others summoned over sedition case

    Source: https://www.philstar.com/headlines/2019/07/26/1938073/robredo-35-others-summoned-over-sedition-case#hsqs6JECzbwYdavX.99

    The Philippine National Police filed sedition and other charges against Vice President Leni Robredo because of the “Ang Totoong Narco List” videos that went viral earlier this year.

    The Department of Justice has also sent out subpoenas to the respondents of criminal charges in connection to the “Bikoy” videos, and confirms that the preliminary investigation is set on August 9 at 10am. Justice Secretary Menardo Guevarra assures that there will be a fair resolution.

  14. The concept of the right to privacy of private individuals as a limit to freedom of expression

    Right to privacy of children involved in bullying ‘must always be protected’ —CHR

    The Commission on Human Rights (CHR) on Sunday reminded the public and media to always protect the rights to privacy and confidentiality of children involved in bullying incidents.

    This comes in light of the viral bullying videos involving students of Ateneo de Manila Junior High School. One of the viral clips captured how a student—who appeared to be heckled—was asked to choose between kissing the shoes of his schoolmate or getting beaten up. When the student refused to comply, the other student then proceeded to kick and beat him up.

    In a Facebook post, the CHR cited provisions of the “Anti Bullying Act of 2013” and “Convention on the Rights of the Child” that ensure the protection of children against bullying.

    While it said educational institutions hold a “vital role” in enforcing laws to protect children, the CHR noted bullying is “not a simple issue” and should be addressed not only by the victim’s family and school.

    SOURCE: http://nine.cnnphilippines.com/news/2018/12/22/chr-bullying-ateneo-junior-high-school-leila-de-lima.html

    Aside from the right to privacy as stated in the constitution, the “Anti Bullying Act of 2013” and “Convention on the Rights of the Child” is also mentioned in the article.

  15. The law on inciting to sedition or inciting to rebellion  as used or threatened to be used by the State or public officials

    “DOJ frees Marawi Vice Mayor, arrest based on invalid list”

    Source: https://www.rappler.com/nation/225811-doj-releases-arafat-salic-march-15-2019

    Marawi City Vice Mayor Arafat Salic was initially arrested without warrant on charges of rebellion last March 13, 2019. This was believed to be, in part, because of his inclusion in a list of people with suspected links to the Maute group, released by Defense Secretary Delfin Lorenanza during the height of the Marawi seige. As this list was not issued by court, its validity was put into question and therefore revoked.

    A warrantless arrest may only occur if the person commits the crime in front of an officer or there is a probable cause to believe that the person will commit a crime. At no point were the police able to provide evidence of a rebellion involving Salic occurring or planning to occur. With there being no basis for his warrantless arrest, he was immediately freed and removed of all charges.

    This incident acts as a reminder that the use of law on inciting rebellion should be called into question, especially if it is clearly unconstitutional.

  16. The law on inciting to sedition or inciting o rebellon as used or threatened to be used by the State or ublic officials

    Illustration: Magdalo asks CA to stop DOJ panel investigating sedition complaint

    Source: https://www.rappler.com/nation/240016-magdalo-asks-court-appeals-stop-doj-panel-investigating-sedition-complaint

    Former Magdalo representative Gary Alejano and his party mate Jonnell Sangalang have asked the Court of Appeals (CA) to stop the Department of Justice (DOJ) panel investigating the inciting to sedition complaint against the opposition.

    In the same petition, Alejano and Sangalang also questioned why the Office of the Solicitor General (OSG) represented the Criminal Investigation and Detection Group (CIDG) – which filed the sedition complaint against key opposition figures – in the preliminary investigation.

    They argued the participation of the DOJ panel and OSG in the sedition probe violated the Prosecution Service Act, the Administrative Code, and Presidential Decree No. 478, which specified the powers of the OSG.

    “It is our position that the Court should intervene to stop this continuing and deliberate disregard of the law,” Alejano said.

  17. The concept of the right to privacy of private individuals as a limit to freedom of expression

    Lalaking nagkalat ng hubad na larawan ng ka-chat, timbog

    July 27, 2018

    SOURCE: https://news.abs-cbn.com/news/07/27/18/lalaking-nagkalat-ng-hubad-na-larawan-ng-ka-chat-timbog

    On July 26, 2018, Jeffrey Dizon, a man who was being sued by Maria and her husband, Eric (not their real names), for leaking the former’s nudes on social media, was caught in an entrapment operation.

    According to Maria, Jeffrey and her met in an online game. Initially, they were only chatmates, however, after a while, their relationship online turned into something more intimate (despite her having a husband). While they were in a relationship, she got convinced by him to send him a couple of videos and pictures of her naked. When she finally decided to end their relationship, Jeffrey posted these online as a form of revenge.

    What Jeffrey did (him posting the complainants pictures online) is clearly a violation of the Anti-Photo and Video Voyeurism Act (R.A. No. 9995)–a law which values and safeguards the dignity and privacy of every human person and guarantees full respect for human rights. It’s stated in section 4 of the said law that it’s prohibited “to publish or broadcast, or cause to be published or broadcast, whether in print or broadcast media, or show or exhibit the photo or video coverage or recordings of such sexual act or any similar activity through VCD/DVD, internet, cellular phones and other similar means or device.”

  18. BONUS:

    | What is the difference, if any, between the two? Explain.
    Which statement would be more accurate? Explain, then state why it is important to offer all possible explanations and analysis for the data (for five points).

    For the longest time, depression exists amongst us however it is only recently that health professionals and the advocacy/awareness for mental health were unearthened and explored. And it is through reports from a range of age group especially from the millenials; the Gen Y and Z are pushing for the recognition of depression. Therefore the more accurate statement that should be brought about especially by media/social media outfits should be: “there are more reports of actual cases of depression in the last five years” compared to the first statement which states “there are more actual cases of depression in the last five years”. A word can make a difference, and in this case “reports” recognizes that information was acquired well considering the timeline.

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