Uplifting Ads: Here’s the YouTube version, libel prescriptive period, etc. on Headstart by Karen Davila on ABS-CBN News Channel; the June 15 episode one hour BEFORE the promulgation of the libel case against journalists Rappler CEO Maria Ressa and reporter Rey Santos Jr. . Headstart airs weekdays 8am on Channel 27 with replays at middays. Inspiring video sponsors of Karen Davila ’s show on YouTube: Advertisements showing productive, working people 😊; the advertisements include Globe and how to be a family during the pandemic, Swiss Miss chocolate showing active women in workouts, Unilab salute to frontliners, Shopee Ph one-week sale, ad on a moisturizer brand, Dove micellar body wash, and a coffee brand modelled by Jericho Rosales, Jollibee modelled by Aga Muhlach and family, “Smart Parenting” digishow ad and Downy fabcon modelled by Drew Arellano and Aya Villania, etc. By the way, the advertisements you will see in your own browser on the YouTube video will depend on your algorithm, i.e, on the search terms you use in your browser, i.e., what sites you visit and what items you search for online: The YouTube ads will vary with each viewer, so you might see a different set of ads or your own set of ads when you open it. Thankful for the ads because they somehow help enable ABS-CBN to sustain the workers even after the free TV Channel 2 and free radio DZMM had been illegally shut down, though the ad revenues may have been massively cut down because of the illegal shutdown — such that many of the workers might have to be let go in August if the illegal shutdown is not lifted. It is hoped that the illegal shutdown is soon set aside and Channel 2 and DZMM can air again for the sake of the 11,000 workers of ABS-CBN, the 14 million schoolchildren who could not enrol this schoolyear because they do not have home internet and could otherwise avail of blended learning thru free TV since Channel 2 and DZMM can reach 3 million households/families even in the remote areas, which the Department of Education can use, (maybe by way of a MOA with the TV stations); and the hundred-million Filipinos here and abroad who rely on Channel 2 and DZMM for access to information on typhoons, pandemic emergency measures, and stories and shows that uplift their spirits.
Legal Discussion in the show: In Philippine jurisdiction, there are two paradigms of law that are involved in libel law and jurisprudence: The Revised Penal Code (RPC) of Spanish medieval origin, and the defenses in libel (privileged communication, the Public Figure Doctrine, etc) of American constitutional law origin. “Good faith” as a defense is mentioned in the libel law provision of the RPC but not defined; its definition and exposition can be found in constitutional law jurisprudence, i.e., cases in constitutional law, e.g., the Public Figure Doctrine.
Generally, every defamatory imputation is presumed malicious and generally truth is not a defense, i.e., defamation automatically carries with it the element of malice (malice presumed, no necessity to prove malice), since most people are private persons; HOWEVER, there is good faith when the Public Figure Doctrine is involved, i.e, when the news organization can show that the report involves public officials or public figures, and the report is substantially true, and it is based on sources (no “reckless disregard for the truth”), then there is absence of malice; there is no liability. This is privileged communication in libel law, it is a defense in libel, and no liability will attach for libel. Who are public figures? For the different categories of who public figures are: See Borjal vs. Court of Appeals with annotation by Justice Coquia , and many other cases. A public figure is anyone who gains prominence by reason of any of the following : crime, or because of their profession (actors, athletes, etc) , or accomplishment, or being a prodigy (talent), or heroism, or advocacy, etc etc., or being in the catch-all category “involvement in a newsworthy event.” Newsworthy events include the following :
Traditional Elements of News : crime, tragedies, street accidents, calamities, wars, epidemics, oddity, scientific inventions, social conflicts, etc., etc….
In such a case, as stated, you’ll need to show that your report is substantially true and that it is based on sources.
Here’s a quick, fast summary in the 17-minute excerpt of Headstart ably anchored by Karen Davila (video below)
