Overview
This lecture focuses on relevant Philippine laws on free speech and mass media, specifically under the 1987 Constitution, and discusses key legal cases illustrating limitations and protections of freedom of expression and privacy.
The Philippine Constitution and Freedom of Expression
- The 1987 Philippine Constitution protects freedom of speech, expression, and of the press.
- Congress cannot enact laws that violate or contradict the Constitution's free speech provisions.
- Article II, Section 24 recognizes the role of communication and information in nation-building.
- Article II, Section 28 ensures full public disclosure of government transactions in the public interest.
Key Constitutional Provisions Affecting the Media
- Article III (Bill of Rights), Section 3 guarantees privacy of communication and correspondence, with exceptions only by lawful order or public safety.
- Article III, Section 4 ensures freedom of speech and press, but acknowledges these rights are not absolute and may be regulated.
- Article III, Section 7 provides the right to access information on public matters.
- Article XVI, Section 10 mandates balanced information flow while respecting free speech and press.
Notable Supreme Court Cases
- Zoleta v. Court of Appeals and Martin: Married individuals retain their right to privacy; evidence obtained by violating privacy is inadmissible unless by lawful order.
- Vivares v. St. Theresa's College: Right to informational privacy depends on use of privacy settings on social networks; public posts are not protected.
- Chavez v. Gonzales and NTC: Press statements threatening media with prosecution over content amount to unconstitutional prior restraint; clear and present danger rule applies to limits on free expression.
Principles and Limitations
- Freedom from prior restraint means no government censorship before publication.
- Freedom from subsequent punishment means no legal consequences after publishing, except under certain limits.
- The clear and present danger rule allows limiting free speech only if it poses a real, immediate threat to public order or safety.
Key Terms & Definitions
- Prior Restraint — Government actions that prevent material from being published.
- Subsequent Punishment — Sanctions imposed after material is published or speech is made.
- Clear and Present Danger Rule — Restriction on speech only if it creates a real, imminent threat.
- Informational Privacy — The right to control access to personal information.
Action Items / Next Steps
- Read the full texts of the Zoleta, Vivares, and Chavez cases as referenced in your Moodle interface.
- Review suggested reference links for deeper understanding of relevant constitutional provisions.