Laws affecting Media
and Media Usage
Citizens of a democratic society should also be
vigilant in protecting these basic human rights by
ensuring certain laws are upheld.
Constitutional Provisions
Perhaps the foremost legal protection we all have is enshrined in the
1987 Constitution of the Philippines under the portion on Article 3 of
the Bill of Rights.
1987 Constitution of the Philippines Article 4 -“No law shall be
passed abridging the freedom of speech, of expression, or of the press,
or the right of the people peaceably to assemble and petition the
government for redress of grievances.”
1987 Constitution of the Philippines Section 7-” “ The right of the
people to information on matter of public concerns shall be recognized
Access to official records, and to documents and papers pertaining to
official acts, transactions, or decisions, as well as to government
research data used as basis for policy development, shall be afforded
the citizen, subject to such limitations as may be provided by law.”
Libel Law
Article 353 of the revised penal code of the
Philippines defines Libel as a “Public and malicious
imputation of a crime, or of a vice or defect real or
imaginary, or any act, omission, condition, status or
circumstances tending to cause the dishonor,
discredit, or contempt of a natural or juridical
person, or to blacken the memory of one who is
dead.”
This means anyone cannot publicly smear the
reputation of another person.
Intellectual Property Code
The Intellectual Property Code of the Philippines or (The
Republic Act no. 8293/ IP code) “It is the overall law
protecting copyrights and all kinds of intellectual property
creations including patents and trademarks and it also
discusses Fair use.
This law has been existing since 1997.
The IP Code should be enough to cover copyright holders
and punish violation in intellectual property infringements.
However, with the rapid development of ICT’s media
products and illegal practices surrounding such products are
booming. This prompts the government to create newer laws.
E-COMMERCE LAW
The Electronic Commerce Act of 2000
(Republic Act No. 8792) Protects financial
and commercial transactions online.
However, it also covers hacking and Illegal
downloading of copyrighted materials.
Optical Media Act
The Optical Media Act of 2003 (Republic Act No.
9239) wanted to ensure the protection of specific
media products subjected to illegal duplication or
piracy.
The pirated DVD’s and CD raids you see on TV is
usually spearheaded by the government office
running this law.
Anti-Camcording Law
The Anti-Camcording Law(Republic Act
No. 10088) Aims to prevent the illegal video
camera recording of movies currently shown
on theaters, as evident in the awareness
campaigns they play before each movie in the
country.
Cybercrime Law
The latest Law called Cybercrime Prevention Act of
2012 (Republic Act No. 10175) Covers all other
online anomalities such as identity theft, child
pornography, data misuse, cybersquatting, and other
computer-related and internet-facilitated practices.
This law became controversial in 2012 and 2013
since it also criminalizes libel in the online world,
limiting certain excercises of freedom of expression.
Crimes affecting Media
and Media Usage
While there could be many other crimes commited
against specific media organizations, Media
practitioners and media consumers, there are specific
crimes and illegal transactions done which pertain
specifically to media products and media habits.
PIRACY
Perhaps we are more familiar with online piracy
defined as “the illegal uploading, downloading, or
streaming of copyrighted material, such as music.”
The unauthorized copying, reproduction,
dissemination, or distribution, importation, use,
removal, alteration, substitution, modification storage,
uploading, downloading communication, making
available to the public, or broadcasting of protected
material, electronic signature or copyrighted works.
Upholders believe creative works should be rightfully
protected.
Censorship
The practice of suppressing material that is considered
morally, politically, or otherwise objectionable.
The film and TV industries are sometimes subjected to
selective censorship via the practices of the movie and
television review and classification Board (MTRCB)-The
government body where films and TV shows are submitted
to be rated. They’ll follow on which parts to delete in their
films.
All movie houses in the Philippines are subjected to the
rules of the MTRCB except for CCP theaters and the UP
Film Institute’s Film Center/ Cine Adarna Theater.
