UPDATED. Law on Mass Media 5th Exercise with Bonus: Prior Restraint in the Pentagon Papers Case as elaborated on in class

 UPDATE: Please read the following class protocols before proceeding to the exercise. Tnx. 

For all classes of marichulambino : Our Protocols for the handling of our classes in view of the anticipated presidential Declaration of a Public Health Emergency tomorrow Monday March 9, 2020
      For all my students:

Our Protocols in view of the anticipated presidential Declaration of a Public Health Emergency tomorrow Monday March 9, 2020 under Republic Act 11332 :
     A.Our CODE COLORLESS for all class meetings (for our classes only) :
      1.Class members who have even the slightest fever are excused from attending any of the classes of undersigned handling faculty; are excused from the requirements for that day; and are advised to stay home or get a check-up from a hospital near their house: When the class member is well, a medical certificate or a certificate from parent with a selfie may be presented.
      2.Class members who may feel that their temperature needs to be checked may get assistance from the admin staff of the Dean’s office. The Dean has purchased a digital non-contact IR thermometer which is now being operated by our building administrator Ani. In case you suddenly feel “weak” or debilitated or your temperature is off, you may go home: If you are not sure, you may proceed to Building Administrator Ani and state that you need to check your temperature, then show the protocols instituted by our class. If you find out you have a fever, take a selfie of the digital thermometer with you: This may be presented later as the excuse slip (see protocol for class members with fever).
      3.We will maintain our seating arrangement where the chairs are arranged circularly at the perimeter of the classroom : Class members’ faces and mouths are facing a wide empty space of the classroom where the lecture or class presentation is made rather than the back and side of their classmates.
       4.Class members are required to bring their own handkerchief / clean tissues and alcohol or hand sanitizer and to disinfect their hands and arms before and after classes.
        5.Only class members who do not have a cold / sore throat / triggered allergic rhinitis are allowed to handle the coffee machine to make the class coffee (please use the hand sanitizer in the bag of coffee supplies).
       6.Observe proper etiquette in coughing and sneezing (use the inside crook of your elbow). Foot bumps or outer elbow bumps will now replace handshakes and hugs and kisses between acquaintances.
      7.sss: Stay smart and Safe. -marichu
      B.Our CODE PASTEL for our classes only : #walangpasok or lockdown of U.P. Diliman:
      In case of #walangpasok or a lockdown of U.P. Diliman (no classes)
       1.We will activate our electronic live video classroom learning or telecom-live-video-classroom: Class members are advised to stay away from the campus but during our class hours must be “present” in front of their internet-capable devices and required to log on at the start of the class hours. Class members who do not respond when the roll is electronically “called” by being live-video-present will be marked as absent. Class presentations, lectures, and recitation will be accomplished by group-video-live visible to all class members but not necessarily made public.
      (for this purpose, please state at the end of your answers in this week’s exercises, your preferred platform (check one or state one) . The electronic live video classroom learning will be prepared this week as a contingency in case of a lockdown so please state your preferred platform this week:
a.FB Messenger video group chat Messenger
b.Messenger on Twitter video group chat
c.Gmail group video chat
d.Instagram group video chat
e.Snapchat group chat
f.Others
      2.In case of a lockdown or #walangpasok #noclasses, the class will electronically seek permission from University authorities for us to conduct our electronic live video classroom learning system (since undersigned handling faculty has not been informed of any protocols at this time) and for the hours devoted to such electronic live video classroom learning system to be CREDITED IN FAVOR OF THE STUDENT as part of the traditional residential classes, and all points earned by the students to be credited. Class members checking or selecting their preferred platform are automatically authorizing the handling faculty to seek permission on behalf of the class.
      3.During the lockdown or #walangpasok, class members are required to check their emails and the U.P. Diliman twitter site twice a day to monitor any updates on the lockdown.
      4.When the lockdown is lifted, traditional residential classes resume with our Code Colorless reinstated.
     C.Our CODE YELLOW FLAG: Extreme situation where a forced quarantine is enforced by the Department of Health authorized by the national government in a particular college or particular area or the entire Diliman campus:
       i don’t know yet. i’m pretty sure it has been discussed by the University executive staff and protocols have been written down.
Protocols can be instituted by the University for the University community on its own or unilaterally; or, if coordination is deemed better, through a letter to the DOH (which is now given wide latitude once the Declaration of a Public Health Emergency is signed) or through a MOA between U.P. Diliman and the DOH: Any one of these or all three.
      D.All protocols written here shall be deemed superseded by any protocols enforced by the U.P. Diliman administration.
      Class members are advised to stand by for these protocols. In the extreme scenario of a quarantine (e.g., a person passing through the open campus is found positive) undersigned is not authorized to institute protocols for the class in case of this extreme scenario.

      One thing is sure: The brightest scientists are working round-the-clock to culture a vaccine against Covid-19 and … pretty soon, the last two sets of protocols (lockdown… forced quarantine) will be simply stored in our disks and files 😊

      Live normally with proper hygiene, drink fruit juices: Stay smart and safe. -marichu

                        ♥ ♥ ♥

Law on Mass Media 5th Exercise with Bonus:

    Prior Restraint in New York Times vs. United States. United States vs. Washington Post

(or the Pentagon Papers Case) as elaborated on in class

     REGULAR POST: On prior restraint: Any form of censorship or prior restraint of the news media from any form of government worldwide (including authoritarian governments) throughout history (time frame: 1970-2020). Please cite your reference material but be aware that the spam catcher will detain any post with more than five pasted url’s
        Additionally (or for an additional 10 pts) …

    BONUS POST : “narrow class of exceptions” “in time of war or tantamount to war” : Based on the class discussion and elaboration of the individual opinions of the justices in the case New York Times vs. United States and United States vs. the Washington Post (the Pentagon Papers case), there is a narrow class of exceptions to the rule that all forms of prior restraint come to Court bearing a heavy presumption against its constitutionality (censorship is automatically presumed illegal), i.e., exceptions during crisis situations such as in time of “war or tantamount to war” or an ongoing military operation, or an ongoing live police operation or ongoing hostage-taking situation when, temporarily and momentarily, this “narrow class of exceptions” or information can be temporarily restricted or its dissemination restrained or momentarily shut down. Using last Monday’s hostage-taking situation in Greenhills, quote/ paste/ embed any image, video, tweet, FB post, article, etc. which HYPOTHETICALLY, if aired/shown/ posted live during the real-time ongoing hostage-taking situation, could be THEORETICALLY but validly taken down momentarily in order not to jeopardize ongoing police operations and to protect the lives of hostages. Paste/ embed/ quote one example using an actual tweet/ FB post/ image/ video/ comment/ article which should not be aired/posted live, and explain what category this is, and why it would jeopardize the hostages’ safety.
      Class members may post one or both. For ease of correction and recording, please separate your posts or separate one from the other and label accordingly as “Regular” or “Bonus”. First-posted-first-credited: Do not copy from a classmate’s post or a previous post – this will result in a zero score: if so, another one should be posted within the deadline. Any late posts will get a zero.

      The deadline for both is extended to Thursday March 12 at 5pm.
      Happy women’s freedom day!

15 thoughts on “UPDATED. Law on Mass Media 5th Exercise with Bonus: Prior Restraint in the Pentagon Papers Case as elaborated on in class

  1. REGULAR

    G.R. No. L-64261 December 26, 1984
    JOSE BURGOS, SR vs. THE CHIEF OF STAFF- AFP, ET AL.
    https://www.lawphil.net/judjuris/juri1984/dec1984/gr_l64261_1984.html

    Business addresses of the “Metropolitan Mail” and “We Forum” newspapers were searched, and office and printing machines, equipment, paraphernalia, motor vehicles and other articles used in the printing, publication and distribution of the said newspapers alleged to be in the possession and control of petitioner Jose Burgos, Jr. publisher-editor of the “We Forum” newspaper were seized, which subsequently hindered operations of the printing press.

    The Supreme Court declared the raid illegal and ordered the return of seized articles to the publisher for they were not found to contain anything subversive.

    The closure of the “We Forum” is a case of prior restraint. The ruling states that “Such closure is in the nature of previous restraint or censorship abhorrent to the freedom of the press guaranteed under the fundamental law, and constitutes a virtual denial of petitioners’ freedom to express themselves in print”. Separate opinions further state that the action against the “We Forum” is a “naked suppression of press freedom” as the search warrants were issued in violation of the Constitution.

  2. REGULAR

    Thirty years after the killing of hundreds of pro-democracy protesters by the People’s Liberation Army troops in Beijing, the People’s Republic of China maintains heavy censorship and control over discussion and coverage of the event. Media references to the Tiananmen Square massacre are averted through the use of the Great Firewall, China’s online censorship apparatus.

    Journalist Shen Lu demonstrates in a tweet that even articles unrelated to the event have to be manually checked by Sino censors before publication. Leading up to the anniversary, internet users in China struggle to access virtual private networks, while some posts on Chinese social media sites are restricted or deleted as companies ramp up censorship during this period. Some websites even shut down due to owners’ fears of “accidentally publishing something which could provoke the ire of the authorities.”

    Last year, CNN was blocked by the Great Fire Wall days before the anniversary. Meanwhile, other international media organizations, including the New York Times and BBC, have long been inaccessible to users inside China.

    References:
    Griffiths, J. (2019, June 4). World marks 30 years since Tiananmen massacre as China censors all mention. Retrieved from https://edition.cnn.com/2019/06/03/asia/tiananmen-june-4-china-censorship-intl/index.html.
    shenlulushen. (2019, June 3). It’s that time of the year again. A posting that says “Singapore beats the US to become the world’s most competitive economy” had to be manually checked by Sina censors before being published. [Tweet]. Retrieved from https://twitter.com/shenlulushen/status/1135374710659846144

  3. BONUS

    At 2:40 p.m. last March 2, The Philippine Star tweeted photos of the arrival of the Philippine National Police – Special Weapon and Tactics Team as well as San Juan Mayor Francis Zamora to respond to the hostage situation in Greenhills. The first two photos show the location of the Special Weapon and Tactics Team, the second photo shows the location of Mayor Zamora and other security guards and the last photo is of a crowd of civilians who have gathered outside the building.

    This tweet could have jeopardized police operations and endangered hostages’ safety if seen by the hostage taker in real time. Seeing the presence of the Special Weapons and Tactics Team could have been perceived by the hostage taker as a threat and triggered him to act violently towards hostages out of fear.

    Reference:
    PhilippineStar. (2020, March 2). Members of the Philippine National Police-Special Weapon and Tactics Team and San Juan Mayor Francis Zamora arrive at the V-Mall, Greenhills to respond to a hostage-taking incident involving a former security guard and around 30 individuals. [Tweet]. Retrieved from https://twitter.com/PhilippineStar/status/1234367948535431169

  4. BONUS

    Actual footage of the situation inside and outside the mall while the hostage was taking place was posted on Facebook at 8:37 p.m. Seen in the video are civilians fleeing for their safety, the location of security guards and policemen, and some security precautions that were being taken in the mall while the hostage was occurring.

    This video would have jeopardized the hostages’ safety as the hostage taker would have been able to monitor the activity of the police and other authorities as well as their location if the video was live and the gunman had access to the internet. The video could have also shown the gunman the security protocols that were implemented at the time which he may have used to his advantage. Additionally, posting the video live would have been sufficiently analogous to the publication of troop movements/location of troops which fall within the narrow class of cases which are subject to the national security exception.

    Preferred platform: FB Messenger video group chat

  5. A prior restraint order was issued against CNN preventing their broadcast of a phone call between dictator Manuel Noriega and his lawyers. CNN started airing bits of the contents of the tape before getting barred from continuing to air them. The Supreme Court ruled 7-2 requiring CNN to surrender the tapes for further studies. This was considered an act of censorship because the tapes may contain vital information on the subject matter.

    References
    Los Angeles Times. (1990, November 19). Justices Refuse to Allow Airing of Noriega Tapes : Media: The action against Cable News Network may signal a new willingness to limit press freedom. https://www.latimes.com/archives/la-xpm-1990-11-19-mn-3535-story.html

  6. REGULAR

    On March 11, 2020, Citizen Lab, a Canada-based Internet censorship research organization, points out in their latest report “Censored Contagion: How Information on the Coronavirus is Managed on Chinese Social Media” that on December 31, 2019 – China’s web censors introduced a new list of 45 coronavirus-related keywords to block online discussion about the Novel Coronavirus (COVID-19) outbreak.

    According to the report’s authors, the scope of censorship broadened in February 2020, with the identification of 516 coronavirus-related keyword combinations blocked on the messaging and social media app WeChat between January 1 to February 15.

    Citizen Lab’s research found that on December 31, 2019, one day after a number of medical workers — including the late Dr. Li — attempted to alert the public to the spread of a new SARS-like virus, the Chinese web censors updated the list of blocked terms on social media.

    As social media platforms in China are obliged to follow the instructions of the country’s Propaganda and Cyber-administration Authorities, the finding shows that Beijing was well aware of the outbreak since last December. However, instead of informing the public of the health threat, it banned news of the virus from circulating online.

    This is a clear act of censorship of the Chinese government to conceal the virus affecting thousands of people probably for economical factors.

    Link: https://www.hongkongfp.com/2020/03/11/coronavirus-chinese-social-media-platforms-controlled-information-outbreak/

  7. BONUS

    Last March 2, 2020 at 1 PM while there was a hostage-taking in Greenhills, a Facebook live video was posted that had 41,000 views.

    The video content showed civilians and security guards gathered outside the mall. It also showed policemen entering the mall’s entrances.

    This can endanger the lives of the hostages because the video is accessible online. Hence, the hostage-taker at any point could have viewed the post that contained location of the security guards, policemen, mayor, and civilians. With that information, the hostage-taker could have devised a plan that might get these people in the video harmed.

    Link to the video: https://www.facebook.com/BLCKTV/videos/532704540708443/

  8. REGULAR

    In Thailand, media censorship takes in the form of the National Council for Peace and Order (NCPO) which issues orders that stifle media outlets’ freedom to operate on their own. The junta has ruled over the country for four years and currently has a tight hold on the flow of information.

    For instance, orders issued by the junta over the past years include orders to close – temporarily or permanently – TV stations critical of the NCPO and its government. Among those targeted were Voice TV, Peace TV, TV24, DMC and Fah Hai TV.

    Government authorities have also blocked access to news websites. This has led to to mainstream media outlets opting to self-censor their own content in fears of earning the government’s ire.

    LINK: https://www.nationthailand.com/politics/30346296

    Thavevong, K. (2018). SPECIAL REPORT: Media freedom takes beating under junta. Retrieved 03/11/2020 from https://www.nationthailand.com/politics/30346296.

  9. REGULAR POST

    The Gwangju Uprising in South Korea ran from May 18-27, 1980 as a result of President Park Chung-Hee’s abuse of power by repressing the opposition side, controlled the press and university. President Park also introduced a bill called the Yushin constitution that extends a president’s term for six years and qualified for a re-election which resembles to of a dictatorship type of rule.

    The censorship alone, and President Park’s stance on media censorship and using oppressive response violate freedom of speech and human rights.

    In a time of political unrest, and as Park’s rule strengthened, the German reporter, Jürgen Hinzpeter courageously filmed the military brutality of the Gwangju Massacre. With tight scrutiny on media, Hinzpeter covered the tapes in biscuits, flew to Tokyo and sent the tapes to Germany.
    Nearly a quarter of a million in the area participated in the uprising.

    H., Chong-Suk. ‘Kwangju Uprising’. Britannica. https://www.britannica.com/event/Kwangju-Uprising

    ‘The Fourth Order’. Britannica. https://www.britannica.com/place/South-Korea/The-Yushin-order-Fourth-Republic#ref411520

    ‘Accused of Dictatorship Worldwide’ Hani. http://legacy.www.hani.co.kr/section-005000000/2003/11/005000000200311282229396.html

    BONUS

    The real-time video posted by ‘Magkaibigan Tayo’ Facebook page depicting survivors and escapees in Greenhills hostage taking last March 2 would escalate conflict and given that the hostage taker has a phone and access to the internet, that would provoke him to take harsher treatment towards the hostages and at the same time garner attention from the media and bystanders that encourage him to garner attention and inevitably prolong the situation.

  10. BONUS

    The Greenhills hostage-taking incident was broadcasted live by several social media accounts, among them was a Facebook user named Bart Martinez. His Facebook live coverage of the incident garnered around 106k views. The video shows him talking to the police or the conversations among policemen about what to do with the hostage-taker, particularly as to how they want the proceedings to be recorded on video. This is a breach of security and could possibly endanger the lives of the policemen who were working at the scene. In another hypothetical scenario, had the hostage-taker been working with several other people, his accomplices could have targeted the policemen in this video just to get revenge.

    LINK: https://www.facebook.com/sak.tonews.5/videos/481983996018725/

  11. REGULAR EXERCISE NO. 5
    LAW ON MASS MEDIA

    “By spreading disinformation about coronavirus, Russian malign actors are once again choosing to threaten public safety by distracting from the global health response,” Philip Reeker, acting assistant secretary of state for Europe and Eurasia, told the Guardian.

    Last February there was an accusation being thrown the country of Russia in relation to the fake information spread online. There are fake accounts that are posting different false rumors including the mode of transmission, precautionary measures another global health responses. One of the issue being disseminated is the development of the virus as a biological weapon operated by the CIA.

    The COVID-19 has became an overlapping issue that intervene with the election trend as in the cases of alleged by Bernie Sanders supporters that results by tweeting out fake updates about the primaries, and coordinated Russian efforts to interfere with the elections. On the other hand, COVID-19 was used for the maximum advantage by means of online disinformation, while China has also been using the internet to produce different specific false information to gain advantages by means of rabid censorship of keywords related to the disease on Chinese social media sites and other messaging platforms. These techniques in manilpulating of information about the COVID-19 are just the common examples of the two countries’ means of taking control of online system to manage the content both within and beyond their own borders. They control the interconnected risks associated with the pandemic disease beyond its coverage.

    REFERENCE:
    Wolff, J. (2020, March 04). How Russia and China Are Manipulating Coronavirus Conversations Online. Slate Magazine. Retrieved: https://slate.com/technology/2020/03/coronavirus-china-russia-misinformation-censorship.html

  12. EXERCISE NO. 5
    LAW ON MASS MEDIA

    News Event: “What China’s censors don’t want you to read about the Uyghurs” (Oct. 02, 2014)
    http://theconversation.com/what-chinas-censors-dont-want-you-to-read-about-the-uyghurs-32383

    The New York Times vs. United States and United States vs. the Washington Post cases proves that the press has the right from prior restraint, but time and time again, the press is challenged from obtaining truth just like the case of the Uyghurs, that China is allegedly censoring. Based on the article, China claims that the Xinjiang Uyghur Autonomous Region is an example of multi-ethnic harmony and stable community ,but China repeatedly attempts to silence the foreign press till this day. Yet, China’s censorship stops at its borders and news regarding the state of Uyghurs are known to the world.

  13. BONUS:

    Links:https://www.facebook.com/watch/?v=216959629445610&external_log_id=bded409e1386f14e7f84d8f5af748355&q=grenhills%20hostage%20taking

    Monday, March 2, 2020 a hostage taking happened in a mall in the city of San Juan. While the hostage crisis is ongoing an unknown Facebook group posted a live video outside the mall. Showing the press, the city’s mayor and most importantly, the movement of the police on the ground. This action can escalate the hostage crisis into a more dangerous situation for the hostages and the civilian. Because the video is broadcast through the internet. The hostage taker can use this to his advantage that could endanger lives of the people in the vicinity.

  14. BONUS EXERCISE NO.5
    LAW ON MASS MEDIA
    “”NARROW CLASS OF EXEPTIONS”: “IN TIME OR TANTAMOUNT OF WAR””

    It was supposed to be another typical Monday in V-Mall in San Juan City when an aggrieved security
    A disgruntled Archie Paray who was recently dismissed as a security guard of the said department store started to open fire on his fellow security guard, injured him before starting to take down the 30 hostages in the area.
    The hostage taking lasted for almost 10 hours after his demand was given. the 31-year-old hostage taker held a short news conference in front of the establishment, where the media and other netizens are watching. After few minutes of negotiations and expressing his own arguments pertaining to the company he was arrested by members of the Special Weapons and Tactics team. A handgun was found concealed in his pocket after the arrest.

    The video posted in the Facebook account of Ershin Yhats garnered around 11,848 views (which is credited to Inquirer). The video vividly shows the actual sequence of events where people inside the establishments are panicking including the civilians, and security guards. At this point of time, the video can create disturbing incidents to the people that are shown in the area including the armed personnel which can result to a more serious and perilous situations for the people inside the mall.

    Here is the video from the tribulation last March 02,2020.

    Reference:
    https://web.facebook.com/yanyanamata/videos/3107239479294824/?t=0
    Video Credits to inquirer.net

  15. BONUS EXERCISE NO.5
    LAW ON MASS MEDIA
    “”NARROW CLASS OF EXCEPTIONS”: “IN TIME OR TANTAMOUNT OF WAR””

    It was supposed to be another typical Monday in V-Mall in San Juan City when an aggrieved security
    A disgruntled Archie Paray who was recently dismissed as a security guard of the said department store started to open fire on his fellow security guard, injured him before starting to take down the 30 hostages in the area.
    The hostage taking lasted for almost 10 hours after his demand was given. the 31-year-old hostage taker held a short news conference in front of the establishment, where the media and other netizens are watching. After few minutes of negotiations and expressing his own arguments pertaining to the company he was arrested by members of the Special Weapons and Tactics team. A handgun was found concealed in his pocket after the arrest.

    The video posted in the Facebook account of Ershin Yhats garnered around 11,848 views (which is credited to Inquirer). The video vividly shows the actual sequence of events where people inside the establishments are panicking including the civilians, and security guards. At this point of time, the video can create disturbing incidents to the people that are shown in the area including the armed personnel which can result to a more serious and perilous situations for the people inside the mall.

    Here is the video from the tribulation last March 02,2020.

    Reference:
    https://web.facebook.com/yanyanamata/videos/3107239479294824/?t=0
    Video Credits to inquirer.net

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