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Law on Mass Media marichulambino
Objectives: After completing the course, students should be able to:
1.Explain basic concepts of constitutional law, crime and punishment, civil damage and injury, the concept of jurisdiction, the structure of the judiciary, the jurisdiction of each court, and the different kinds of actions: criminal and civil procedure, special civil actions
2.Assess the background, basis, and scope of the right to freedom of expression; the constitutional requisites of media ownership and management; the law and jurisprudence on the rights and privileges of media workers including: a.the right to freedom of information, b.the right not to be forced to disclose the source, c.the right to freedom from prior restraint, d.rights as media workers, e.intellectual property rights as content- creators
3.Analyze and explain the laws that limit freedom of expression including: libel, the Cybercrime Prevention Act, the individual’s right to privacy based on civil law and criminal law, the Anti-Voyeurism Act, the law on obscenity, laws on public order, the right of the accused to a fair trial and against prejudicial publicity
TOPICS FOR REPORTING:
1.Right to freedom of information
(3.Right to freedom from prior restraint c/o the handling faculty)
4. Rights as media workers
5, Intellectual property rights as content- creators
Limits to rights
8.Right to privacy (FB case)
9.Right to privacy: Anti-Voyeurism Act
10.Law on Obscenity
11.Laws on “Public Order”: inciting to rebellion, etc.
12. Right of the accused to a fair trial
FIRST DAY OF CLASSES
INTRODUCTION to the course (get lecture notes from the department: 1.Introduction to the course 2.Structure of the judiciary. Lecture notes cannot be reproduced without the author’s permission)
I. Concepts of Law
B. Statutes. ( examples: the Revised Penal Code; Civil Code; special laws)
C. Decisions of the Supreme Court (examples of different kinds of actions as background: criminal actions, civil cases, special civil actions: injunction cases: petition for certiorari and mandamus, petition for certiorari and prohibition, etc.)
II. How the Judicial Machinery Works
Concept of jurisdiction.
Structure of the Judiciary
Jurisdiction of each court: Metropolitan Trial Court, Regional Trial Court, Court of Appeals, Supreme Court.
B. Quasi-Judicial Bodies
(photo credits: From the U.P. archives, used here non-commercially for academic purposes)
1.Privileged communication as a concept in libel law and jurisprudence
2.Seven occasions of privileged communication
3. An illustration or example of each occasion of privileged communication (seven) based on news events.
4. The public figure doctrine in libel law and jurisprudence.
5.An illustration or example based on news events for each category/principle (three principles) stated under the public figure doctrine.
6.Fair comment as a concept in privileged communication and libel law and jurisprudence
7.The elements of libel.
8.A survey of all news reports of online libel complaints filed against individuals, netizens, news organizations, etc or cases prosecuted against the same, from January 2017 to June 2018 with a statement of the summary and the article/material on which the complaint is based.
Because of the results of the third exam, the following is a bonus practical exercise for ten points (please type your answers in the comments section of this post) :
1)Define defamation under the libel law in the national language, Filipino (ibigay ang kahulugan ng “defamation” sa ilalim ng batas sa libelo, gamit ang pambansang wika)
2)Applying this definition, give an example of any “fair comment” (a sample of a minimum of ten words, in English or Filipino), whether your own or by any “commentator”, directed at any person involved in the quo warranto proceeding being resolved at the Supreme Court en banc today.
3)To justify your categorization that this is a form of fair comment, enumerate at least five subjects of fair comment (of the ten non-exclusive list discussed in class), then state the criteria or standards of fair comment.
This bonus post is time-bound: the deadline is 11:59pm today May 11, 2018 (or before midnight today).
The fourth and last exam will push thru as scheduled.
Maraming salamat para sa inyong nagkakaisang pagkilos para sa malayang pamamahayag.