Tag: University of the Philippines

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Summary of answers to interview questions on the Shield Law and the congressional investigation of SMNI

Summary of answers to interview questions on the Shield Law and the congressional investigation of SMNI

  6 Dec. 2023, ABS-CBN interview on the Shield Law, from blog admin: “The better procedure (in citing for contempt) is not on the ground of not agreeing to disclose the source of information because we have a Shield Law but on the ground of disrespectful conduct (for behavior) … the Shield Law however provides in its first paragraph that it is without prejudice to any civil and criminal liability …” In other words: The first line in the Shield Law states that it is without prejudice to civil and criminal liability… This means that if the entire “report” is based on an anonymous or unnamed source throughout, and it is defamatory (e.g., it alleges wrongdoing based on an unnamed source, or a second-hand source such as a piece of paper written by someone with unnamed informants), the media practitioner can still be hauled to court or a congressional committee. In the University, we teach students to have two or more independent, first-hand sources — for investigative reports on corruption and other wrongdoing, we require multiple, independent first-hand sources some of whom, if push comes to shove,  can be named and identified. The personalities involved here should have been cited for disrespectful conduct instead, and not for refusing to reveal their source because we wouldn’t want authentic journalists to be forced to disclose their confidential source.

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The chance to discuss the clear and present danger test on live, worldwide TV and on livestream 8hrs ago – that’s one of them

Daily writing prompt
What positive events have taken place in your life over the past year?
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Answer: Eight hours ago: The chance to discuss the clear and present danger test on live, worldwide TV and on livestream — that’s one of them

ABS-CBN Dateline Philippines anchor Karmina KC Constantino @constantKC throws the most thought-provoking questions on the contempt citation of SMNI personalities and the House committee-proposed revocation of SMNI franchise (8hrs ago, live)

Produced by ABS-CBN News Channel, used here non-commercially for academic purposes (the video appears after the freeze-frame screenshot, also derived from the ABS-CBN news program)

THE CLEAR AND PRESENT DANGER TEST

Summary of the discussion in the interview: The House Committee in its report and resolution should clearly illustrate how the subject outlet committed acts which pose a “clear and present danger of a substantive evil that Congress has the right to prevent”, such as fomenting death threats or even veiled death threats, or statements that instigate viewers to commit physical harm on marginalized sectors of society, or statements that target and propagate prejudice against minorities and the marginalized sectors of society. This is the only way that the House Committee report and resolution would pass muster any judicial review on constitutional grounds. …

… the discussion also used the following provision on hate speech of the International Covenant on Civil and Political Rights (ICCPR) to show that hate speech is NOT protected speech and NOT part of the right to freedom of expression using  international law standards:

 Article 20, par. 2 of the ICCPR “Art. 20. xxx        2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.”*

*International Covenant on Civil and Political Rights, Dec. 16, 1966 https://www.ohchr.org/EN/ProfessionalInterest/Pages/CCPR.aspx

the video can be viewed below the freeze-frame photo below: (i was able to read the text invite at 10am for a 12noon call time for a 12:15 interview — grateful for the chance to discuss media law topics — this was a few meters from our classroom as we had our Law on Mass Media class at that time at 1pm, right after the interview, many thanks po)

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ABS-CBN Dateline Ph anchor Karmina KC Constantino @constantKC throws the most thought-provoking Qs, SMNI personalities contempt-cite, probable revoke of franchise (8hrs ago, live)

ABS-CBN Dateline Philippines anchor Karmina KC Constantino @constantKC throws the most thought-provoking questions on the contempt citation of SMNI personalities and the House committee-proposed revocation of SMNI franchise (8hrs ago, live)

Produced by ABS-CBN News Channel, used here non-commercially for academic purposes (the video appears after the freeze-frame screenshot, also derived from the ABS-CBN news program)

THE CLEAR AND PRESENT DANGER TEST

Summary of the discussion in the interview: The House Committee in its report and resolution should clearly illustrate how the subject outlet committed acts which pose a “clear and present danger of a substantive evil that Congress has the right to prevent”, such as fomenting death threats or even veiled death threats, or statements that instigate viewers to commit physical harm on marginalized sectors of society, or statements that target and propagate prejudice against minorities and the marginalized sectors of society. This is the only way that the House Committee report and resolution would pass muster any judicial review on constitutional grounds. …

… the discussion also used the following provision on hate speech of the International Covenant on Civil and Political Rights (ICCPR) to show that hate speech is NOT protected speech and NOT part of the right to freedom of expression using  international law standards:

 Article 20, par. 2 of the ICCPR “Art. 20. xxx        2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.”*

*International Covenant on Civil and Political Rights, Dec. 16, 1966 https://www.ohchr.org/EN/ProfessionalInterest/Pages/CCPR.aspx

the video can be viewed below the freeze-frame photo below: (i was able to read the text invite at 10am for a 12noon call time for a 12:15 interview — grateful for the chance to discuss media law topics — this was a few meters from our classroom as we had our Law on Mass Media class at that time at 1pm, right after the interview, many thanks po)