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)
