Tag: hypothetical questions

Photo from Philippine Journalism Review, Lito Ocampo.

Media Law Exam. Marichu C. Lambino. 8 October 2007. This is a closed-book closed notes exam. Answer all questions fully.

1.At the Senate hearing on the ZTE contract last week, former NEDA director-general Romy Neri testified that while he and Comelec Chair Ben Abalos were on a golf cart at Wack-wack sometime in January 2007, Abalos was telling him of the advantages of the ZTE contract and reportedly told him “Sec, may 200 ka dito.” (“Sec, you have 200 with this.”) When the senators queried what that meant, Neri said that it meant that Abalos was telling him, Sec, may 200 million ka dito (Sec, you have 200 million with this”). After Abalos resigned a week later, he threatened to sue Neri and the media outfits that published/ aired his statement. Questions: a)Is Neri likely to be liable for libel? If your answer is yes, state the elements of libel and explain each element and why he is liable. If your answer is no, explain fully.(5 pts.) b) What about the media outlets, are they likely liable? If your answer is yes, explain what malice in law means. If your answers is no, state all categories and , explain, and define fully the defenses in liable. (10 pts.)

2.In the recent episode of the CNN satire “news program” “The Daily Show” with Jon Stewart as host (a false news anchor, he is actually a stand-up comic playing a news anchor), one segment was entitled “Is America Ready for a Woman President?” with a photo of Hilary Clinton. Then stills of the following were scrolled on a laptop that was zoomed in: Indira Gandhi with superimposed “paint-sprayed” caption, ‘Oy”; Margaret Thatcher superimposed on another’s body doing a Britney-Spears-no-underwear-miniskirt- stepping off the car; and Cory Aquino with superimposed “paint-sprayed” caption “SLUT”. Questions: a)Using the American cases taken up in class, is the “Daily Show” liable for libel? If your answer is yes, explain what “libelous per se” means and cite the case; if your answer is no, explain the nature of the speech and cite/ describe the American case in point and explain what the Supreme Court said in that case. (10 pts) c) What about the fact that the statement in question here is obviously false, shocking, and in the opinion of Senator Noynoy Aquino, “in bad taste”? Explain the relevance/ lack of relevance of those observations as described in the pertinent cases. (10 pts)

3.A column by Mr. xyz came out in a national daily that stated that a package arrived at the office of a Supreme Court justice and that her secretary, who was named in the column, opened the package and that it reportedly contained 10 million pesos; according to the columnist, said secretary was fired for opening the package. News stories came out in almost all leading media outlets naming said justice as Justice Ynares-Santiago. The Supreme Court in a statement said that at the instance of Justice Ynares-Santiago, the matter would be investigated. Also, the Supreme Court issued an order to the columnist asking him to show cause why he should not be cited for contempt. Questions: a) Do you agree or disagree with the show-cause order of the Supreme Court? Why or why not? 5 pts. b) Do you think this test question itself is contemptuous, considering that there is a pending show-cause order for contempt? Why or why not? What about if these test questions were published in the internet, do you think they would be contemptuous? Why or why not? 5 pts. c)What is sub judice? Explain fully. Apply it to the two previous questions. 5 pts. d) Do you think the columnist is liable for contempt? If your answer is yes, state what kind and define and explain fully; if your answer is no, enumerate the overt acts of contempt and explain why each do not apply. (10 pts.)

4. A budding independent film maker, Dolly Leuterio, produced and directed a short film on the torture methods used during martial law and being used up to today based on testimonies. She asked her classmates to act in her film gratis. In all the torture scenes, the subjects were naked, full body shot, some scenes under bright lights and some dimly lit. The MTRCB X-rated the film on the ground of obscenity. Questions: a) What is obscenity? Use the Miller test in your definition. 10 pts. . b) Is nudity synonymous with obscenity? Why or why not? c) in your opinion, is the material in question, as described, obscene? Why or why not? 10 pts.

5. What is inciting to rebellion? Enumerate the overt acts. 5pts.

6.Enumerate all the limits to freedom of expression taken up in class. (9 pts.)

7.Enumerate and define/ describe all the limits (at least six) to news-gathering methods taken up in class. (12 points)

Media and Communication Law Exam. (First exam on the first part of the syllabus: “Rights and Privileges of Reporters” etc.) Sept. 2, 2007. You will not pass this exam if you are not able to cite or describe the pertinent cases. Rhetoric and generalities like “human rights violations” or “violation of free expression” will not earn you points. This is a closed-notes closed-books exam. You will not be allowed to leave the room until you’re done. You are not allowed to communicate with each other or use any electronic device. 50 pts with 7 pts bonus.

1.The Commission on Human Rights (CHR) in a “hearing” on the disappearance of NGO worker and agriculturist Jonas Burgos, directed the Intelligence Services of the AFP to conduct an investigation and submit a report within a week on why the van that carried away Jonas Burgos bore the plate number of a vehicle in the custody of the the 56^th Infantry Battalion of the Army in Bulacan. ISAFP conducted its investigation but refused to give the CHR its report. In the petition for habeas corpus in the Court of Appeals, it also refused to give its report. Gelene Rosales, a reporter of The Herald went to the ISAFP office and asked for a copy. She was refused too. A) In Gelene’s case, are there any legal issues on media law here? Specify and explain fully. Cite or describe the pertinent case. (5 pts.) B)In the case you are citing/ describing, what reliefs if any did the Court give? Specify.(3 pts.) C)What conditions did the Court require, if any, for the relief to be obtainable? Specify. (3 pts.) D)Can Gelene file any action or case in court on the matter? Specify her legal remedy or describe the action she should file. (3 pts.) (total: 14 pts.)

2.Based on the same facts, Aira Alaparan was able to get a copy by “bribing” an insider, and her newspaper, Breaking News, a tabloid, was going to banner it. At press time however, on the strength of a search warrant, the ISAFP raided the printing press of Breaking News and seized all the computers and copies and the printing press, and warned Breaking News they would do it again if the tabloid tried to publish the report. A) Are there any legal issues here on media law? Specify and explain fully. Cite the pertinent case. (5 pts.) B)In the case you are citing/ describing, how did the Court rule? (3 pts.) C) What right/ component of press freedom/ obligation of the journalist did it define and describe? How did it describe this? What was its basis for recognizing this? (5 pts.) (Total: 13 pts)

3.In Thailand (until recently, the ban was lifted two days ago), all computers, servers, networks, had been disabled to block access to YouTube of any video on the subject matter of “insults to the King of Thailand”. Using Philippine constitutional law principles (that have counterparts in the Universal Declaration of Human Rights), are there any media law issues here? What are these, if any? Specify and explain fully. (5 pts.)

4.In China, before the Google company was allowed to conduct business, it had to agree to a contract that certain words in its search engine would not yield any results leading to the Tiananmen square massacre in 1989. There are thousands of articles worldwide on said event. Today in China, words like “Tiananmen”, “human rights violations”, or “massacre” do not link to any such story or article. Using Philippine constitutional law principles (that have counterparts in the Universal Declaration of Human Rights) are there any media law issues here? What are these, if any? Specify and explain fully. ( 5 pts).

5.Marian Palomares, a student, downloaded the song “Fragile” by Sting from the site angel.mp3.com and used it to produce a music video to honor the memory of Cris Mendez, the U.P. student killed reportedly in a Sigma Rho hazing. It was shown during the wake, but she did not produce any copies, only one. Its showing was however beamed as news clips in all the TV networks. Are there any media law issues here? Specify and explain fully. (5 pts)

6. Ali Z., a radio broadcaster, as a background story to the scheduled Senate hearing on the Hello Garci tapes, played again a portion of said tapes on air. Did she violate the Anti-Wiretapping Law? Specify the overt acts enumerated in said law. (5pts)

7.What are the employees’ right applicable to full-time reporters/ producers/ photographers/ cameramen in the Labor Code? Specify. (5 pts.)

8.BONUS: In your opinion, does the approval and implementation of the Human Security Act raise any media law issues? Specify and explain fully. (5 pts.)