MEDIA LAWS AND ETHICS

(FINALS REVIEWER)

A. FREEDOM OF SPEECH, OF Restrictions on Freedom of Speech:

The State may impose two
EXPRESSION, AND OF THE kinds of restrictions on speech
PRESS under a system of prior restraint:
content-based restriction and
Constitutional Provision: content-neutral restriction. The
restriction is content-based when
Art. III, Sec. 4. – No law shall be passed restriction is directed to the speech itself,
abridging the freedom of speech, of while the restriction is content-neutral
expression, or of the press, or the right of when it is directed, not to the speech
the people peaceably to assemble and itself, but to the incidents (such as time,
petition the government for redress of place, or manner) of the speech. An
grievances. example of a content- based restriction is
when the government prohibits speeches
Pertinent Discussion: against the President, in which case the
restriction is on the speech itself. An
Freedom of expression has four aspects, example of a content-neutral restriction is
to wit: (a) freedom of speech; (b) freedom of when the government regulates
expression; (c) freedom of the press; and (d) the manner of posting campaign
freedom of assembly. Nonetheless, the scope advertisements, in which case the
of the protection extends to right to form restriction is on the manner the right is
associations or societies not contrary to law, Cases:
right to access to information on matters of
public concern, and freedom of religion. 1. Erwin Tulfo v. People of the Philippines and Atty.
These are all crucial to the advancement of Carlos T. So, G.R. No. 161032, September 16, 2008.
beliefs and ideas and the establishment of an
“uninhibited, robust and wide-open debate in FACTS: Erwin Tulfo published articles in his
the free market of ideas.” column in the tabloid REMATE where he accused
Atty. Ding So of the Bureau of Customs of
Freedom of expression is accorded the corruption. As a result, Atty. Carlos So of the
highest protection in the Bill of Rights since it Bureau of Customs sued Tulfo for several counts
is indispensable to the preservation of liberty of libel as he felt that he was the one being
and democracy. Thus, religious, political, referred to in the articles. Tulfo then published
academic, artistic, and commercial speeches another article further accusing Atty. So of
are protected by the constitutional guarantee. corruption.

The right is not absolute. It must be ISSUE: Whether or not Tulfo’s articles are
exercised within the bounds of law, morals, protected by the doctrine of qualified privileged
public policy and public order, and with due communication.
regard for others’ rights. Thus, obscene,
libelous, and slanderous speeches are not HELD: NO. In order for the doctrine of qualified
protected by the guarantee. So are seditious privileged communication to apply, Tulfo must
and fighting words that advocate imminent prove that he was not reckless in writing his
lawless conduct. articles. He failed to prove lack of recklessness.
During his testimony, Tulfo admitted that he based
Freedom of press implies that all people his write ups on a sole informant. Tulfo admitted
should have the right to express themselves that he failed to conduct further research to verify
in writing or in any other way of expression his source. Journalists have a responsibility to
of personal opinion or creativity. report the truth, and in doing so must at least
investigate their stories before publication, and be
able to back up their stories with proof. The
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Journalists are not storytellers or novelists who "pakitignan mo ang iyong ama, iho at huwag mo
may just spin tales out of fevered imaginings, and syang gayahin ha.” The message was
pass them off as reality. There must be some accompanied by a link to a post dated March 19,
foundation to their reports; these reports must be 2016 (subject post) published by Atty. Causing on
warranted by facts. Facebook with the caption "Wise Polygamous
Husband?", to wit: "WISE POLYGAMOUS
2. Soriano v. MTRCB, G.R. No. 165636, 2009 HUSBAND?

FACTS: Petitioner is minister of INC and a regular ISSUE: Whether Atty. Causing should be held
host of the TV program Ang Dating Daan. The administratively liable for publishing the subject
remarks stated: “Lehitimong anak ng demonyo; post and photographs of complainant's petition in
sinungaling; Gago ka talaga Michael, masahol ka the nullity case in his Facebook accounts.
pa Sa putang babae o di ba. Yung putang babae
angg umaga nalang doon yung ibaba, [dito] kay RULING: The Court, however, rejected this
Michael ang gumagana ang itaas, o di ba! O, defense as the "freedom of expression may not be
masahol pa saputang babaeyan. Sabi ng lola ko availed of to broadcast lies or half-truths, insult
masahol pa sa putang babae yan. Sobra ang others, destroy their name or reputation or bring
kasinungalingan ng mga demonyong ito.” them into disrepute.” Thus, the Court suspended
the respondent lawyer therein for a period of one
ISSUE: Are Soriano’s statements during the (1) year for publicly insulting the complaining
televised “Ang Dating Daan” part of the religious party through his Facebook posts.
discourse and within the protection of Section 5, 5. Lao v. Atty. Bertini Causing, A.C. No. 13453
Art.III
FACTS: In January 2019, Atty. Berteni Causing
RULING: NO. Freedoms of speech and expression posted on his Facebook account a draft of a
are not absolute freedoms. To say “any act that plunder complaint which he intended to file
restrains speech should be greeted with furrowed against Jackiya Lao. Lao was a candidate in the
brows” is not to say that any act that restrains or 2019 elections (congressional seat). The post
regulates speech or expression is per se invalid. painted Lao as a corrupt politician and the post
This only recognizes the importance of freedoms of subjected Lao to public ridicule.
speech and expression, and indicates the necessity
to carefully scrutinize acts that may restrain or ISSUE: Whether or not atty. Causing is covered by
regulate speech. free speech, freedom of expression, and freedom
of the press.
3. Garzon v. People of the Philippines, G.R. No.
228583, September 15, 2021 RULING:

FACTS:

ISSUE:

RULING:

4. Enrico Velasco v. Atty. Bertini Causing, A.C. No.

12883

FACTS: On April 7, 2016, Atty. Causing sent a

direct message to complainant's son, Jomel A.
Velasco, through Facebook, a social networking
site,4 stating as follows:
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B. REGULATORY FRAMEWORK faith, without any comments or

remarks, of any
B.1 Revised Penal Code

1. Article 154 of the Revised Penal Code as

amended by Republic Act No. 10951.

"ART. 154. Unlawful use of means of publication

and unlawful utterances. - The penalty of arresto
mayor and a fine ranging from Forty thousand
pesos (P40, 000) to Two hundred thousand pesos
(P200, 000) shall be imposed upon:

"1. Any person who by means of printing,

lithography, or any other means of publication shall
publish or cause to be published as news any false
news which may endanger the public order, or
cause damage to the interest or credit of the
State; CLASSIFICATIONS OF PRIVILEGED
COMMUNICATIONS:
"2. Any person who by the same means, or by
words, utterances or speeches shall encourage 1. Absolute - The absolutely privileged
disobedience to the law or to the constituted communication are not actionable even if
authorities or praise, justify, or extol any act the same was made with malice, such as
punished by law; the statements made by members of
Congress in the discharge of their duties
"3. Any person who shall maliciously publish or for any speech or debate during their
cause to be published any official resolution or session or in any committee thereof official
document without proper authority, or before they communications made by public officers in
have been published officially; or the performance of their duties, allegations
or statements made by the parties or their
"4. Any person who shall print, publish, or counsel in their pleadings or during the
distribute or cause to be printed, published, or hearing, as well as the answers of the
distributed books, pamphlets, periodicals, or leaflets witnesses to questions propounded to
which do not bear the real printer's name, or which them.
are classified as anonymous."
2. Qualified - The qualifiedly privileged
2. Crimes Against Honor communications are those which contain
defamatory imputations but which are not
a. Article 354 of the Revised Penal Code actionable unless found to have been made
without good intention or justifiable
Art. 354. Requirement for publicity. — motive, and to which "private
Every defamatory imputation is presumed communications" and "fair and true report
to be malicious, even if it be true, if no without any comments or remarks" belong.
good intention and justifiable motive for (Nova Communications, Inc. vs. Canoy,
making it is shown, except in the following G.R. No. 193276, June 26, 2019)
cases:
NOTE: There is a qualified privileged
1. A private communication made by any communication if:
person to another in the performance of
any legal, moral or social duty; and a. The person who made the
2. A fair and true report, made in good
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judicial, legislative or other official proceedings
which are not of confidential nature, or of any
statement, report or speech delivered in said
proceedings, or of any other act performed by
public officers in the exercise of their functions.

In determining whether a statement is

defamatory, the words used are to be
construed in their entirety and should be
taken in their plain, natural, and ordinary
meaning as they would naturally be
understood by persons reading them,
unless it appears that they were used and
understood in another sense.
(Nova Communications, Inc. vs. Canoy,
G.R. No. 193276, June 26, 2019)
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duty to make the communication, or at Elements:

least, had an interest to protect, which
interest may either be his own or of the 1. The allegation of a discreditable act or
one to whom it is made; condition concerning another;
b. The communication is addressed to an 2. Publication of the charge;
officer or a board, or superior, having some 3. Identity of the person defamed; and
interest or duty in the matter, and who has 4. Existence of malice.
the power to furnish the protection sought;
and Libel is committed by means of:
c. The statements in the communication are
made in good faith and without malice. 1. Writing;
(Brillante v. CA, G.R. No. 118757 and 2. Engraving;
121571, 2004) 3. Theatrical exhibition
4. Cinematographic exhibition;
b. Article 355 of the Revised Penal Code 5. Any similar means;
6. Printing;
Art. 355. Libel means by writings or similar 7. Phonograph;
means. — A libel committed by means of 8. Painting;
writing, printing, lithography, engraving, 9. Lithography; or
radio, phonograph, painting, theatrical 10. Radio
exhibition, cinematographic exhibition, or
any similar means, shall be punished by “Blackmailing”
prision correccional in its minimum and
medium periods or a fine ranging from 200 - is the unlawful extortion of money
to 6,000 pesos, or both, in addition to the appearing of the offended party, can
civil action which may be brought by the either be light threats or threatening to
offended party. publish libel.

c. Article 356 of the Revised Penal Code Cases:

Art. 356. Threatening to publish and offer

to
present such publication for a 1. Brillante v. CA, G.R. No. 118757 and 121571, 2004
compensation.
— The penalty of arresto mayor or a fine FACTS: Roberto Brillante, then a candidate for the
from 200 to 2,000 pesos, or both, shall be position of councilor in Makati City held a press
imposed upon any person who threatens conference where he accused Jejomar Binay, a
another to publish a libel concerning him or candidate for mayoralty in Makati, and Nemesio
the parents, spouse, child, or other Prudente of plotting an assassination plot against
members of the family of the latter or upon Augusto Syjuco, another mayoral candidate in
anyone who shall offer to prevent the Makati. Several journalists wrote articles regarding
publication of such libel for a compensation the same and an open letter was published as
or money consideration. well. Later, Binay and Prudente both filed libel
charges against Brillante. The trial court found
“LIBEL” Brillante guilty of four counts of libel, which
decision the CA affirmed.
- is public and malicious imputation of a
crime, or of a vice or defect, real or ISSUE: Whether there is an act of libel committed
imaginary, or any act, omission, in the case at bar.
condition, status, or circumstance tending
to cause the dishonor, discredit, or RULING: To be liable for libel, the following
contempt of a natural or juridical person. elements must be shown to exist: (a) the
allegation of a discreditable act or condition
concerning
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another; (b) publication of the charge; (c) identity their pleadings or motions or during the hearing of
of the person defamed; and (d) existence of judicial proceedings, as well as the answers given
malice. There could be no dispute as to the by witnesses in reply to questions propounded to
existence of the first three elements of libel in the them, in the course of said proceedings, provided
cases at bar. that said allegations or statements are relevant to
the issues, and the answers are responsive or
In the cases at bar, it was proven that Brillante pertinent to the questions propounded to said
uttered defamatory statements during the press witnesses.
conference attended by some fifty journalists and
caused the open letter to be published in several 4. Punongbayan-Visitacion v. People, G.R. No.
newspapers 194214, January 10, 2018

Thus, the determination of Brillante's culpability for RULING: For moral damages to be awarded, proof
libel hinges on the question of whether his of pecuniary loss is unnecessary but the factual
statements were made with malice. basis of damages and its causal connection to the
2. Baguio Midland Courier v. Labo, G.R. No. 107566, defendant's acts must be satisfactorily established.
2004 Basically, the complainant's injury should have
been due to the actions of the offending party.
RULING: The Court of Appeals is wrong when it
held that Labo is the “Dumpty in the Egg” in the Here, the evidence on record justify the award of
questioned article. This is so because the article moral damages to Punongbayan. She was a high-
stated that “The Dumpty in the Egg is ranking officer of an educational institution whom
campaigning for Cortes”, another candidate for Visitacion accused of criminal or improper conduct.
mayor and opponent of Labo himself. It is Such accusations were not made known only to
unbelievable that Labo campaigned for his the victim but also to other persons such as her
opponent and against himself. Although such staff and employees of a bank the school had
gracious attitude on the part of Labo would have transactions with. Thus, Punongbayan's reputation
been commendable, it is contrary to common was besmirched and she was humiliated before
human experience. As pointed out by the her subordinates and other people. Clearly, her
petitioners, had he done that, it is doubtful reputation was tarnished after being accused of
whether he could have won as City Mayor of unsavory and questionable behavior, primarily
Baguio in the 1988 elections, which he actually attributable to Visitacion's act of circulating the
did. In line with the doctrine in BORJAL VS. CA, letter imputing wrongdoing of Punongbayan.
310 SCRA 1, that ‘it is also not sufficient that the
offended party recognized himself as the person 5. Nova Communications v. Atty. Canoy, G.R. No.
attacked or defamed, but it must be shown that at 193276, 2019
least a 3rd person could identify him as the object
of the libelous publication’, the case should be RULING: In determining whether a statement is
dismissed since Labo utterly failed to dispose of defamatory, the words used are to be construed in
this responsibility. their entirety and should be taken in their plain,
3. Yuchengco v. The Midland Chronicle, G.R. No. natural, and ordinary meaning as they would
184315, 2011 naturally be understood by persons reading them,
unless it appears that they were used and
RULING: The absolutely privileged communications understood in another sense.
are those which are not actionable even if the
author has acted in bad faith. This classification
includes statements made by members of
Congress in the discharge of their functions as
such, official communications made by public
officers in the performance of their duties, and
allegations or statements made by the parties or
their counsel in
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3. Offenses Against Decency and Good Customs (b) Those who, in theaters, fairs,
cinematographs or any other place, exhibit,
a. Grave Scandal indecent or immoral plays, scenes, acts or
shows, whether live or in film, which are
Art. 200. Grave scandal. — The penalties of prescribed by virtue hereof, shall include
arresto mayor and public censure shall be those which (1) glorify criminals or condone
imposed upon any person who shall offend crimes;
against decency or good customs by any (2) serve no other purpose but to satisfy
highly scandalous conduct not expressly the market for violence, lust or
falling within any other article of this Code. pornography; (3) offend any race or
religion; (4) tend to abet traffic in and use
Elements: of prohibited drugs; and (5) are contrary to
law, public order, morals, and good
1. That the offender performs an act or acts. customs, established policies, lawful orders,
2. That such act or acts be highly scandalous decrees and edicts;
as offending against decency or good
customs. (3) Those who shall sell, give away or
3. That the highly scandalous conduct is not exhibit films, prints, engravings, sculpture
expressly falling within any other article of or literature which are offensive to morals.
this Code. (As amended by PD Nos. 960 and 969).
4. That the act or acts complained of be
committed in a public place or within the e. Sale or Distributions
public knowledge or view.
f. Pornography (Section 3 of R.A. No.
Grave scandal “consists of acts which are 10364, Section 3 of R.A. No. 9208)
offensive to decency and good customs
which, having been committed publicly, - (h) Pornography - refers to any
have given rise to public scandal to persons representation, through publication,
who have accidentally witnessed the exhibition, cinematography, indecent
same.” shows, information technology, or by
b. Immoral Doctrines whatever means, of a person engaged
c. Obscene Publications in real or simulated explicit sexual
d. Indecent Shows activities or any representation of the
sexual parts of a person for primarily
Art. 201. Immoral doctrines, obscene sexual purposes.
publications and exhibitions and indecent
shows. — The penalty of prision mayor or a B.2 Intellectual Property Code
fine ranging from six thousand to twelve
thousand pesos, or both such imprisonment - Republic Act 8293 or the Intellectual
and fine, shall be imposed upon: Property Code of the Philippines (IP
Code) covers intellectual property and its
(1) Those who shall publicly expound or protection. The IP Code updated and
proclaim doctrines openly contrary to public consolidated the country's laws on
morals; patents, trademarks and copyright in the
(2) (a) the authors of obscene literature, light of emerging global issues in the field
published with their knowledge in any of intellectual property and in compliance
form; the editors publishing such literature; with commitments under international
and the owners/operators of the conventions and treaties to which the
establishment selling the same; country is a party (Expressions of
Creativity, IP Philippines).
- The Intellectual Property Office of the
Philippines (IPOPHL) is the lead agency in
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the country mandated to implement
State Policies on intellectual property
(IP). It was
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created by Republic Act No. 8293 or the 4. Utility Models - is also known as a
Intellectual Property Code of the petty patent. To qualify, the invention
Philippines (IP Code), which was signed must be new and industrially applicable.
into law on June 6, 1997 and took effect It has a term of protection of seven
on January 1, 1998. years, without renewal.
Kinds: Refers to an improvement or an
implementation of an existing industrial
1. Patent - is an exclusive right granted product even if not possessed of the
by the State through the Intellectual quality of invention.
Property Office of the Philippines (IP
Philippines) to a patent owner for a 5. Industrial Design - this consists of
product, process, or an improvement of composition of lines or colors or any
product or process for a specified period three- dimensional forms which serve as
in exchange of the full disclosure of the a pattern for industrial products or
invention. handicrafts. An industrial design has a
term of protection of five years which
Refers to any technical solution to a can be renewed for two consecutive
problem in any field of human activity periods of five years.
which is new, involves an inventive step,
and is industrially applicable. Mainly refers to the visual or aesthetic
aspect of a product or an article of
2. Trademarks - may consists of words, manufacture.
names and first names, signatures,
acronyms among others. It serves as an B.3 E-Commerce Law
indicator of source, a guarantee of
quality, and an advertising tool. The SECTION 3(3). Objective. — This Act aims to
right to a trademark is granted when its facilitate domestic and international dealings,
owner registers it with the IP transactions, arrangements, agreements, contracts
Philippines. The trademarks has a 10- and exchanges and storage of information through
year protection renewable for the utilization of electronic, optical and similar
succeeding periods of 10 years. medium, mode, instrumentality and technology to
recognize the authenticity and reliability of
Is a work, a group of words, signs,
electronic data messages or electronic documents
symbols, logos, or a combination that
related to such activities and to promote the
identifies and differentiates a product,
universal use of electronic transactions in the
service, or entity from another.
government and by the general public.
3. Copyright - is the exclusive and
legally secured right given to creators or
authors for their literary and artistic
works to prohibit or authorize the
reproduction or copying of the work. It
allows the creator to derive economic or
financial reward from the use of his
works by others and to claim authorship
of a work and to have that authorship
recognized.

Refers to the right over literary and

artistic works which are protected from
the moment of creation.
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B.4 Election Laws causing confusion among the voters and that there
is neither empirical nor historical evidence to
Definition of Terms: support the conclusion that there is an immediate
and inevitable danger to tile voting process posed
1. Election by election surveys.
- A formal and organized choice by vote of a
person for a political office or other position ISSUE: Whether or not Section 5.4 of R.A. No.
- One of the greatest powers of the people is the 9006 is unconstitutional. ("Surveys affecting
ability to choose who will lead them, who will national candidates shall not be published fifteen
represent them, and who will run the government. (15) days before an election and surveys affecting
Such power is manifested by the people exercising local candidates shall not be published seven (7)
their right to vote during elections. days before an election.")

2. Election Strategy RULING: YES. Any system of prior restraints of

- The means by which candidates and political expression comes to this Court bearing a heavy
parties prepare and present their ideas and Presumption against its constitutional validity. The
positions on issues to the voters in the period. Government thus carries a heavy burden of
showing justification for in enforcement of such
Cases: restraint.

1. National Press Club v. COMELEC, G.R. No. 3. ABS-CBN v. COMELEC, G.R. No. 133484, 2000
102653, 1992
FACTS: A resolution by COMELEC was being
RULING: The COMELEC has been expressly challenged where it aimed to approve the issuance
authorized by the Constitution to supervise or of a restraining order to stop ABS-CBN or any
regulate the enjoyment or utilization of the other groups, its agents or representatives from
franchises or permits for the operation of media of conducting such exit survey of the vote during the
communication and information. The fundamental elections for national officials particularly for
purpose of such "supervision or regulation" has President and Vice President, results of which shall
been spelled out in the Constitution as the be broadcast immediately.
ensuring of "equal opportunity, time, and space,
and the right to reply," as well as uniform and ISSUE: Whether or not the COMELEC committed
reasonable rates of charges for the use of such grave abuse of discretion.
media facilities, in connection with "public
information campaigns and forums among RULING: Two theoretical test in determining the
candidates." The provision of the Bill of Rights validity of restrictions to such freedoms, as
which enshrines freedom of speech, freedom of follows:
expression and freedom of the press has to be a) clear and present danger rule; and the b)
taken in conjunction with Article IX dangerous tendency rule. It means that the evil
(C) (4) which may be seen to be a special consequence of the comment or utterance must
provision applicable during a specific limited be "extremely serious and the degree of
2. SWS v. COMELEC, G.R. No. 147571, 2001 imminence extremely high" before the utterance
can be punished. The danger to be guarded
FACTS: Petitioners argue that the restriction on against is the "substantive evil" sought to be
the publication of election survey results prevented. The "dangerous tendency" rule, on the
constitutes a prior restraint on the exercise of other hand, if the words uttered create a
freedom of speech without any clear and present dangerous tendency which the state has a right to
danger to justify such restraint. They claim that prevent, then such words are punishable. It is not
SWS and other pollsters conducted and published necessary that some definite or immediate acts of
the results of surveys prior to the 1992, 1995, and force, violence, or unlawfulness be advocated. It is
1998 elections up to as close as two days before sufficient that such acts be advocated in general
the election day without
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calculated to incite persons to acts of force, offended party. If a sender of a libelous

violence, or unlawfulness. communication knows or has good reasons to
believe that it will be intercepted before reaching
B.5 Privileged Communication the person defamed, there is sufficient publication.
The publication of a libel, however, should not be
- Privileged communications include presumed from the fact that the immediate control
conversations and statements made thereof is parted with unless it appears that there
during confidential interactions between is reasonable probability that it is hereby exposed
two parties. These parties, by law, must to be read or seen by third persons.
fall into the classification of those entitled
to a private and protected relationship. 2. Bulletin vs. Domingo & People, G.R. No. 170341,
Neither party can be forced to disclose July 5, 2017.
these communications and the
communications cannot be compelled for RULING: The absolutely privileged communications
use as evidence in court. are those which are not actionable even if the
author has acted in bad faith. This classification
Requirements: includes statements made by members of
Congress in the discharge of their functions as
1. There must be a confidential such, official communications made by public
communication (private setting); and officers in the performance of their duties, and
2. The appropriate relationship must have allegations or statements made by the parties or
existed between the parties. their counsel in their pleadings or motions or
during the hearing of judicial proceedings, as well
Examples of privileged communication as the answers given by witnesses in reply to
relationships: questions propounded to them, in the course of
said proceedings, provided that said allegations or
1. Attorney and Client statements are relevant to the issues, and the
2. Accountant and Client
answers are responsive or pertinent to the
3. Clergy
questions propounded to said witnesses.
4. Spouses (Note: During Marriage and (Yuchengco v. The Manila Chronicle Publishing
After Dissolution) Corp.)
5. Reporter and his/her source
3. Castillo vs. Sandiganbayan, G.R. No. 138231, Feb.
21, 2002
Cases:
FACTS: In a motion to dismiss, petitioner
1. Belen vs. People, G.R. No. 211120, February 13,
contended that the complaint filed against Castillo
2017.
is violative of the lawyer-client confidentiality
privilege (since Castillo is attorney-in-fact). But
RULING: Publication in libel means making the
Sandiganbayan ruled that Castillo is sued as
defamatory matter, after it has been written,
principal defendant for being in conspiracy with
known to someone other than the person to whom
other defendants in the commission of the acts
it has been written. A communication of the
complained of.
defamatory matter to the person defamed alone
cannot injure his reputation though it may wound
ISSUE: Whether or not the suit is a violation of the
his self-esteem, for a man's reputation is not the
lawyer-client confidentiality privilege.
good opinion he has of himself, but the estimation
in which other hold him. In the same vein, a
RULING: The Court adopted its own ruling in the
defamatory letter contained in a closed envelope
Regala case, viz: “an argument is advanced that
addressed to another constitutes sufficient
the invocation by petitioner of the privilege of
publication if the offender parted with its
attorney- client confidentiality at this state of the
possession in such a way that it can be read by
proceedings is premature and that they should
person other than the
wait until they are called to testify and examine as
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matters learned in confidence before they can suppressing computer data or program,
raise their objection. But petitioners are not mere electronic document, or electronic data
witnesses. They are co-principals in the case for message, without right or authority,
recovery of alleged ill-gotten wealth. They have including the introduction or transmission
made their position clear from the very beginning of viruses.
that they are not willing to testify and they cannot - Misuse of Devices: (i) The use,
be compelled to testify in view of their production, sale, procurement,
constitutional right against self-incrimination and importation, distribution, or otherwise
of their fundamental legal right to maintain making available, without right, of: (aa) A
inviolate the privilege of attorney-client device, including a computer program,
confidentiality.” designed or adapted primarily for the
B.6 Republic Act No. 10175 (Cybercrime purpose of committing any of the
Prevention Act of 2012) offenses under this Act; or (bb) A
computer password, access code, or
Purpose similar data by which the whole or any
part of a computer system is capable of
To criminalize crimes committed on being accessed with intent that it be used
computers in general. for the purpose of committing any of the
offenses under this Act; and (ii) The
Punishable Acts (Section 4, R.A. No. possession of an item referred to in
10175) paragraphs 5(i)(a) or (b) above with
intent to use said devices for the purpose
1. Offenses against the confidentiality, of committing any of the offenses under
integrity, and availability of computer data this section.
and systems. - Cyber-squatting. – The acquisition of a
domain name over the internet in bad
- Illegal access: The access to the whole or faith to profit, mislead, destroy
any part of a computer system without reputation, and deprive others from
right. registering the same, if such a domain
- Illegal Interception: Made by technical name is: (i) Similar, identical, or
means without right of any non-public confusingly similar to an existing
transmission of computer data to, from, trademark registered with the appropriate
or within a computer system including government agency at the time of the
electromagnetic emissions from a domain name registration; (ii) Identical or
computer system carrying such computer in any way similar with the name of a
data. (Exception: Employee or agent of a person other than the registrant, in case
service provider; Exception to the of a personal name; and
exception: Employee or agent cannot do (iii) Acquired without right or with
service observing or random monitoring. intellectual property interests in it.
- Data Interference: Intentional or reckless
alteration, damaging, deletion or 2. Computer-related offenses.
deterioration of computer data, electronic
document, or electronic data message, - Computer-related Forgery: (i) The input,
without right, including the introduction alteration, or deletion of any computer
or transmission of viruses. data without right resulting in inauthentic
- Network Interference: The intentional data with the intent that it be considered
alteration or reckless hindering or or acted upon for legal purposes as if it
interference with the functioning of a were authentic, regardless whether or not
computer or computer network by the data is directly readable and
inputting, transmitting, damaging, intelligible; or (ii) The act of knowingly
deleting, deteriorating, altering or using computer data which is the product
of computer-related forgery as defined
 MEDIA LAWS AND ETHICS
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herein, for the purpose of perpetuating a customers; or (iii) The following

fraudulent or dishonest design. conditions are present: (aa) The
- Computer-related Fraud: The commercial electronic communication
unauthorized input, alteration, or deletion contains a simple, valid, and reliable way
of computer data or program or for the recipient to reject. receipt of
interference in the functioning of a further commercial electronic messages
computer system, causing damage (opt-out) from the same source; (bb) The
thereby with fraudulent intent: Provided, commercial electronic communication
that if no damage has yet been caused, does not purposely disguise the source of
the penalty imposable shall be one (1) the electronic message; and (cc) The
degree lower. commercial electronic communication
- Computer-related Identity Theft: The does not purposely include misleading
intentional acquisition, use, misuse, information in any part of the message in
transfer, possession, alteration or deletion order to induce the recipients to read the
of identifying information belonging to message.
another, whether natural or juridical, - Libel: The unlawful or prohibited acts of
without right: Provided, that if no damage libel as defined in Article 355 of the
has yet been caused, the penalty Revised Penal Code, as amended,
imposable shall be one (1) degree lower. committed through a computer system or
any other similar means which may be
3. Content-related offenses. devised in the future.
- Cybersex: The willful engagement, Elements of Cyber-libel:
maintenance, control, or operation,
directly or indirectly, of any lascivious a. The imputation must tend to cause the
exhibition of sexual organs or sexual dishonor, discredit or contempt of the
activity, with the aid of a computer person defamed;
system, for favor or consideration. b. The imputation was published through
- Child Pornography. — The unlawful or a computer system or any other similar
prohibited acts defined and punishable by means which may be devised in the
Republic Act No. 9775 or the Anti-Child future;
Pornography Act of 2009, committed c. Identity of the person defamed; and
through a computer system: Provided, d. Existence of malice.
That the penalty to be imposed shall be
(1) one degree higher than that provided Other rules in libel:
for in Republic Act No. 9775.

NOTE: R.A. No. 9775 is amended now by a. When a group is libeled, and the
R.A. No. 11930 members of the group are not
identified specifically, only one count of
- Unsolicited Commercial Communications: libel
The transmission of commercial electronic b. When a group is libeled, and members
communication with the use of computer are identified specifically, there will be
system which seek to advertise, sell, or one count of libel per person identified
offer for sale products and services are
prohibited unless: (i) There is prior 4. Other offenses. (Section 5)
affirmative consent from the recipient; or
(ii) The primary intent of the - Aiding or Abetting in the Commission of
communication is for service and/or Cybercrime.
administrative announcements from the - Attempt in the Commission of Cybercrime.
sender to its existing users, subscribers or
Preservation of Computer Data (Section
13)
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The integrity of traffic data and subscriber computer seized during a lawful warrantless arrest or
information relating to communication services by any other lawful method.
provided by a service provider shall be preserved for
a minimum period of six (6) months from the date of Cases:
the transaction. Content data shall be similarly
preserved for six (6) months from the date of receipt 1. Virginia Dio v. People, G.R. No. 208146 (2016)
of the order from law enforcement authorities
requiring its preservation. FACTS: Timothy Desmond filed a libel suit arising
from a purported libelous statement contained in
Law enforcement authorities may order a an e-mail sent by Dio to Subic Bay Metropolitan
one- time extension for another six (6) months: Authority officials. On defense, the information
Provided, that once computer data preserved, that was filed are defective for it failed to allege
transmitted or stored by a service provider is used as where the first libelous article was printed and
evidence in a case, the mere furnishing to such published or where the offended party actually
service provider of the transmittal document to the resided at the time of the commission of the
Office of the Prosecutor shall be deemed a offense and as much it cannot be cured by
notification to preserve the computer data until the amendment before arraignment.
termination of the case.
ISSUE: Whether or not e-mails can be included
The service provider ordered to preserve under Article 353 and 355 of the RPC.
computer data shall keep confidential the order and
its compliance. RULING: NO. E-mails cannot be considered. Thus,
at the time the allegedly libelous emails were sent,
Disclosure of Computer Data (Section 14) there was no law punishing this act. In regards to
R.A. No. 10175, passionate and emphatic
Law enforcement authorities, upon securing a grievance, channeled through proper public
court warrant, shall issue an order requiring any authorities, partakes of a degree of protected
person or service provider to disclose or submit freedom of expression.
subscriber’s information, traffic data or relevant data
in his/its possession or control within seventy-two
2. Disini v. Secretary of Justice, G.R. No. 20335,
(72) hours from receipt of the order in relation to a
February 11, 2014
valid complaint officially docketed and assigned for
investigation and the disclosure is necessary and
RULING:
relevant for the purpose of investigation.
Constitutional are the following:
Warrant (4 Types)
Section 4(a)(1) on Illegal Access;
Section 4(a)(3) on Data Interference;
1. Warrant to Disclose Computer Data – authorizes
Section 4(a)(6) on Cyber-squatting;
law enforces to disclose of submit subscriber’s
Section 4(b)(3) on Identity Theft;
information, traffic data, or relevant data in the
Section 4(c)(1) on Cybersex;
possession or control of a person or service provider.
Section 4(c)(2) on Child Pornography;
2. Warrant to Intercept Computer Data – authorizes
Section 4(c)(4) on Libel;
law enforcers to listen, record, monitor, or surveil
Section 6 on the Penalty of One Degree Higher;
the content of the communications through
Section 8 on Penalties;
electronic eavesdropping or tapping devices, while
Section 13 on Preservation of Computer Data;
the communication is occurring.
Section 14 on Disclosure of Computer Data;
3. Warrant to Search, Seize, and Examine Computer
Section 15 on Search, Seizure and Examination of
Data – authorizes law enforces to search the
Computer Data;
particular place for items to be seized and/or
Section 17 on Destruction of Computer Data;
examined.
Section 20 on Obstruction of Justice;
4. Warrant to Examine Computer Data – authorizes
law enforcers to search a computer device or
 MEDIA LAWS AND ETHICS
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Section 24 on Cybercrime Investigation and

Coordinating Center (CICC); and - To screen, review, and examine all
Section 26(a) on CICC’s Powers and Functions. motion picture contents such as movies,
television programs,
Unconstitutional: advertisements, and movie
Section 4(c)(3) on Unsolicited Commercial trailers, whether they are for theatrical or
Communications; non-theatrical distribution, for television
Section 12 on Real-Time Collection of Traffic Data; broadcast or for general viewing,
Section 19 on Restricting or Blocking Access to imported or produced in the Philippines,
Computer Data; and in the later case, whether they are
for local viewing or for export.
Neither:
Section 5 on Aiding or Abetting and Attempt in the Jurisdiction of the MTRCB
Commission of Cybercrimes;
Section 7 on the Prosecution under both the a. Jurisdiction on Television Programs
Revised Penal Code (RPC) and R.A. 10175;
Classifications: General Audience,
3. Cadajas v. People, G.R. No. 247348, November 16, Parental Guidance, Strict Parental
2021 Guidance

b. Jurisdiction on Movies

4. Maria Ressa Case Classifications: General Audience,

Restricted-13, Restricted-16,
Restricted-18, Parental Guidance, X-
Not for public viewing.

Additional: Republic Act No. 11469 (Bayanihan C. Jurisdiction on Publicity Materials

to Heal As One Act)
Rules in not for public viewing
Punishable Acts (Section 6(f))
1. Depicts in a patently lewd, offensive, or
(f) Individuals or groups creating, demeaning manner, excretory functions, and
perpetrating, or spreading false information sexual conduct such as sexual intercourse,
regarding the COVID-19 crisis on social media masturbation and exhibition of the genitals.
and other platforms, such information having
no valid or beneficial effect on the 2. Clearly constitutes an attack against any
population, and are clearly geared to promote race, creed or religion.
chaos, panic, anarchy, fear, or confusion; and
those participating in cyber incidents that 3. Condones or encourages the use of illegal
make use or take advantage of the current drugs and substances.
crisis situation to prey on the public through
scams, phishing, fraudulent emails, or other 4. Tends to undermine the faith and
similar acts. confidence of the people in their government
and/or duly constituted authorities.
B.7 MTRCB Rules
5. Glorifies criminals or condones crimes.
MTRCB
6. Libelous or defamatory to the good name
Movie and Television Review and and reputation of any person, whether living
Classification Board or dead.
 MEDIA LAWS AND ETHICS
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7. Constitute contempt of court of a quasi- RULING: YES. Section 3 of PD 1986 prescribes that
judicial tribunal, or may pertain to matters, the MTRCB has the power to screen, review and
which are subjudicial in nature. examine all motion pictures as herein defined,
television programs. The only exceptions from the
Sanctions that may be imposed MTRCB’s power of review are those expressly
mentioned in Section 7 of P.D. No. 1986, such as
Section 3(f) of P.D. 1986, MTRCB (1) television programs imprinted or exhibited by
could close movie houses and the Philippine Government and/or its departments
other similar establishments and agencies, and (2) newsreels.
engaged in public exhibition of motion
pictures and television programs which 2. Iglesia ni Cristo v. CA, G.R. No. 119673 July 26,
violate the provisions of P.D. 1986 and the 1996.
rules and regulations promulgated by MTRCB
pursuant thereto. MTRCB could also impose FACTS: Respondent Board classified the series of
fines, warnings, and implementation of sound the petitioner as "X" or not for public viewing on
self-regulatory measures. the ground that they "offend and constitute an
attack against other religions which is expressly
Per Section 11 of P.D. 1986, any prohibited by law. Petitioner INC went to court to
person who violates the provisions of P.D. question the actions of respondent Board. The
1986 and/or its implementing rules and RTC ordered the respondent Board to grant
regulations could face imprisonment of 3 petitioner INC the necessary permit for its TV
months and 1 day to 1 year and a fine of not programs. But on appeal by the respondent Board,
less than Php50,000.00 but not more than the CA reversed the RTC. The CA ruled that: (1)
Php100,000.00. the respondent Board has jurisdiction and power
to review the TV program “Ang Iglesia ni Cristo,”
MTRCB could also cause criminal and (2) the respondent Board did not act with
prosecution, on behalf of the People of the grave abuse of discretion when it denied permit
Philippines, of violators of P.D. 1986, of, for the exhibition on TV of the three series of “Ang
obscenity, and other laws pertinent to the Iglesia ni Cristo” on the ground that the materials
movie and television industry. constitute an attack against another religion. The
Cases: CA also found the subject TV series “indecent,
contrary to law and contrary to good customs.”
1. MTRCB v. ABS-CBN and Loren Legarda, G.R. No.
155282, January 17, 2005. ISSUE: Whether or not respondent Board gravely
abuse its discretion when it prohibited the airing of
FACTS: ABS-CBN aired "Prosti-tuition," an episode petitioner’s religious program
of the television program "The Inside Story"
produced and hosted by respondent Legarda. "The RULING: Deeply ensconced in our fundamental
Inside Story" is a "public affairs program, news law is its hostility against all prior restraints on
documentary and socio-political editorial," the speech, including religious speech. Hence, any act
airing of which is protected by the constitutional that restrains speech is hobbled by the
provision on freedom of expression and of the presumption of invalidity and should be greeted
press. Accordingly, petitioner has no power, with furrowed brows. It is the burden of the
authority and jurisdiction to impose any form of respondent Board to overthrow this presumption.
prior restraint upon respondents. If it fails to discharge this burden, its act of
censorship will be struck down. It failed in the
ISSUE: Whether the MTRCB has the power or case at bar The videotapes were not viewed by the
authority to review the "The Inside Story" prior to respondent court as they were not presented as
its exhibition or broadcast by television. evidence. Yet they were considered by the
respondent court as indecent, contrary to law and
good customs, hence, can be prohibited from
 MEDIA LAWS AND ETHICS
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PD 1986. This ruling clearly suppresses petitioner's (f) To recommend the enactment of
freedom of speech and interferes with its right to appropriate laws, issuances, measures and
free exercise of religion. policies;

C. (g) To call upon any government agency to

render assistance in the accomplishment of
ADMINISTRATIVE the CICC’s mandated tasks and functions;
FRAMEWORK and

(h) To perform all other matters related to

C.1 MTRCB cybercrime prevention and suppression,
including capacity building and such other
C.2 Cybercrime Investigation and functions and duties as may be necessary for
Coordinating Center the proper implementation of this Act.

Background C.3 The Intellectual Property Office of the

Philippines
Was created upon the approval of
Republic Act 10175 or the Cybercrime Background
Prevention Act of 2012, is an attached
agency of the Department of Information and A government agency mandated to
Communications Technology (DICT), and is administer and implement State policies on
chaired by the DICT Secretary. intellectual property (IP) to strengthen the
protection of IP rights in the country.
Powers and Functions (Section 26, R.A.
No. 10175) Functions (Section 5, Republic Act No.
8293)
(a) To formulate a national cybersecurity plan
and extend immediate assistance for the 1.1. To administer and implement the State
suppression of real-time commission of policies declared in this Act, there is hereby
cybercrime offenses through a computer created the Intellectual Property Office (IPO)
emergency response team (CERT); which shall have the following functions:

(b) To coordinate the preparation of a) Examine applications for grant of

appropriate and effective measures to letters patent for inventions and
prevent and suppress cybercrime activities as register utility models and industrial
provided for in this Act; designs;

(c) To monitor cybercrime cases being b) Examine applications for the

bandied by participating law enforcement and registration of marks, geographic
prosecution agencies; indication, integrated circuits;

(d) To facilitate international cooperation on c) Register technology transfer

intelligence, investigations, training and arrangements and settle disputes
capacity building related to cybercrime involving technology transfer
prevention, suppression and prosecution; payments covered by the provisions
of Part II, Chapter IX on Voluntary
(e) To coordinate the support and Licensing and develop and implement
participation of the business sector, local strategies to promote and facilitate
government units and nongovernment technology transfer;
organizations in cybercrime prevention
programs and other related projects;
 MEDIA LAWS AND ETHICS
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d) Promote the use of patent telecommunications services including radio

information as a tool for technology and television broadcasting system.
development; 3. Monitoring - Monitor the operation of all
radio stations to determine their compliance
e) Publish regularly in its own with existing radio laws and regulations and
publication the patents, marks, utility the terms and conditions of their licenses and
models and industrial designs, issued permits.
and approved, and the technology
transfer arrangements registered;
D. SELF REGULATION
f) Administratively adjudicate
contested proceedings affecting D.1 The KBP
intellectual property rights; and
D.2 Safety and Protection of Media
g) Coordinate with other government Practitioners
agencies and the private sector efforts
to formulate and implement plans and
policies to strengthen the protection E. ETHICAL ISSUES
of intellectual property rights in the AND CONCERNS
country.

1.2. The Office shall have custody of all E.1 Journalist Code of Ethics
records, books, drawings, specifications,
documents, and other papers and things E.2 Broadcast Code
relating to intellectual property rights
applications filed with the Office. F. OTHER RELATED LAWS
C.4 The National Telecommunications
F.1 Wiretapping
Commission
Background
Background
The Anti-Wiretapping Act of 1965,
The National Telecommunications
Republic Act No. 4200, entitled “An Act to
Commission (NTC) is primarily responsible for
Prohibit and Penalize Wire Tapping and other
the regulation and quasi- judicial functions
Related Violations of the Privacy of
relative to the supervision, adjudication, and
Communication, and for other Purposes”
control of the country's radio
communications, telecommunications, and
TAKE NOTE:
broadcast, including cable television (CATV)
facilities and services.
The law prohibits and penalizes wiretapping done
by any person to secretly overhear, intercept, or
Functions
record any private communication or spoken word
of another person or persons without the
1. Licensing - Issue licenses and permits for
authorization of all the parties to the
the operation of radio stations and other
communication.
telecommunication/broadcast services that
may be specified.
What is being punished here is the secretly
2. Inspections - Enforce and implement,
intercepting a private conversation. Otherwise, if a
through inspection and field investigation,
person records a person in general, may be liable
telecommunication laws, rules and
for a different Act.
regulations governing the installation and
operation of all radio communication
stations and all
 MEDIA LAWS AND ETHICS
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Consent of all the parties to a 5. Creating a public emergency and seriously

conversation is required before recording. So undermining public safety.
if you’re trying to record a phone call or
conversation, you need to make sure TAKE NOTE:
everyone taking part has consented to the
recording, regardless of whether or not The Anti-Terrorism Council may designate who are
you’re taking part in the communication. terrorists upon finding probable cause.
Recording, in this case, refers to using
How is this Act dangerous?
a recording device to capture information.
Examples of such devices include cameras,
1. Once a person/group has been tagged,
phones, voice recorders, etc.
anyone who may have supported them
can be tagged as well.
Failure to obtain consent will result in
2. Inciting others can include sharing satirical
a violation of Act.
posts, memes, or jabs that are against the
government or public segments.
F.2 Anti-Terrorism Act
F.3 Safe Spaces Act
Background
TAKE NOTE:
Republic Act No. 11479, “The Anti-
Terrorism Act of 2020”
The law defines gender-based sexual harassment
in streets, public spaces, online, workplaces, and
Who can be tagged as a terrorist?
educational or training institutions, provides
protective measures and prescribes penalties
Any person within or outside the
therefor.
Philippines who participates in or threatens
to:
Important thing to consider
1. Engage in acts intended to endanger
anyone; Article II, Section 12 of the Act
2. Engage in acts intended to interfere prescribes the gender-based online sexual
with or cause extensive harassment, to wit:
damage/destruction to infrastructure;
Section 12. Gender-Based Online Sexual
3. Develops, has, transports, or use
biological, nuclear, radiological,
Harassment. -Gender-based online sexual
harassment includes acts that use
chemical weapons;
information and communications technology
4. Release dangerous substances or cause
in terrorizing and intimidating victims
fire/floods/explosions.
through physical, psychological, and
emotional threats, unwanted sexual
With the purpose of:
misogynistic, transphobic, homophobic and
sexist remarks and comments online
1. Intimidating the general public or its
whether publicly or through direct and
segment;
private messages, invasion of victim’s
2. Spreading a message of fear;
privacy through cyberstalking and incessant
3. Provoking or influencing/intimidating the
messaging, uploading and sharing without
government;
the consent of the victim, any form of media
4. Seriously destabilizing/destroying the
that contains photos, voice, or video with
country’s fundamental socioeconomic and
sexual content, any unauthorized recording
political structures;
and sharing of any of the victim’s photos,
videos, or any information online,
impersonating identities of victims online or
 MEDIA LAWS AND ETHICS
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posting lies about victims to harm their cruelty, exploitation or discrimination because
reputation, or filing, false abuse reports to of physical, mental, intellectual or sensory
online platforms to silence victims. disability or condition.
F.4 Anti-Photo and Voyeurism Act Offender here are any person, even
minor, juridical persons and alien offender.
TAKE NOTE:
Under Section 5, consent is not a valid
The taking of photo or video coverage of a person defense.
or group of persons performing sexual act or any
similar activity or of capturing an image of the Exempted from criminal liability under
private area of a person or persons without the Section 7 are the Good Samaritans who
latter's consent, under circumstances in which reported the internet domain to the
such person/s has/have a reasonable expectation competent authorities.
of privacy.
Under the punishable acts, it can be
F.5 Anti-Child Pornography Act of 2009 as made online or offline.
amended by Republic Act No. 11930
Question to be considered:
Constitutional Provision:
Offender is 20 years old who posted a video of a
Art. II, Sec. 13. – The State recognizes the child online dancing naked. Is he liable?
vital role of the youth in nation-building and - YES. Offender may be prosecuted either R.A. No.
shall promote and protect their physical, 11930 or trafficking in person.
moral, spiritual, intellectual, and social well-
being. NOTE: In trafficking in person, the victim is any
person. In R.A. No. 11930, the victim is a child.
Fundamental Right:

Guarantee the fundamental rights of every

child from all forms of neglect, cruelty and
other conditions prejudicial to their
development.

Pacta Sunt Servanda:

Comply with international treaties

concerning the rights of children to which the
Philippines is a signatory or a State party which
include, but is not limited to, the United Nations
(UN) Convention on the Rights of the Child.

Important things to consider

Amended and repealed the Anti-Child

Pornography Act of 2009.

For purposes of this Act, child refers

to 18 years old and below and those over but
are unable to fully take care of themselves or
protect themselves from abuse, neglect,
 MEDIA LAWS AND ETHICS
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POSSIBLE FINAL EXAMINATION c. Any person who shall maliciously publish or

cause to be published any official resolution
QUESTIONS: or document without proper authority, or
before they have been published officially; or
1. Three-pronged test: d. Any person who shall print, publish, or
distribute or cause to be printed, published,
- The Miller Test is the primary legal test or distributed books, pamphlets, periodicals,
for determining whether expression or leaflets which do not bear the real printer's
constitutes obscenity. name, or which are classified as anonymous.

a. Whether the average Filipino, applying 4. Spoofing.

contemporary community standards,
would find the material as appealing to - When a scammer disguises themselves as
prurient interests; a trusted source to trick users into
b. Whether the work depicts or describes, sharing private data, it’s known as
in a patently offensive way, sexual spoofing.
conduct or excretory functions specifically - Spoofing occurs when a scammer poses
defined by applicable state law; as a trusted source to obtain access to
c. Whether the work, taken as a whole, your identity or assets. Spoofers perform
lacks serious literary, artistic, political, or various spoofing attacks so they can steal
scientific value. personal information, money, or infect
your device with malware.
Note: The work is considered obscene Using any form of online communication,
only if all three conditions are satisfied. scammers use spoofing to try to steal
your personal information.
2. Judgment of Supreme Court on Freedom of
Speech in regards to Velasco v. Atty. Causing. 5. Copyright

- "Freedom of expression may not be - Copyright is the legal protection extended

availed of to broadcast lies or half-truths, to the owner of the rights in an original
insult others, destroy their name or work. “Original work” refers to intellectual
reputation or bring them into disrepute.” creation in the literary, scientific and
(Enrico R. Velasco v. Atty. Lao Causing, artistic domain.
A.C. 12883)
6. Punishable Acts under Republic Act No. 10175
3. Punishable Acts under Article 154 of the Revised
Penal Code as amended by Republic Act No. 10951, A. Offenses against the confidentiality,
“Unlawful use of means of publication and unlawful integrity, and availability of computer data
utterances” and systems.

a. Any person who by means of printing, - Illegal access: The access to the whole or
lithography, or any other means of any part of a computer system without
publication shall publish or cause to be right.
published as news any false news which may - Illegal Interception: Made by technical
endanger the public order, or cause damage means without right of any non-public
to the interest or credit of the State; transmission of computer data to, from,
b. Any person who by the same means, or by or within a computer system including
words, utterances or speeches shall electromagnetic emissions from a
encourage disobedience to the law or to the computer system carrying such computer
constituted authorities or praise, justify, or data. (Exception: Employee or agent of a
extol any act punished by law; service provider; Exception to the
 MEDIA LAWS AND ETHICS
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exception: Employee or agent cannot do

service observing or random monitoring. B. Computer-related offenses.
- Data Interference: Intentional or reckless
alteration, damaging, deletion or - Computer-related Forgery: (i) The input,
deterioration of computer data, electronic alteration, or deletion of any computer
document, or electronic data message, data without right resulting in inauthentic
without right, including the introduction data with the intent that it be considered
or transmission of viruses. or acted upon for legal purposes as if it
- Network Interference: The intentional were authentic, regardless whether or not
alteration or reckless hindering or the data is directly readable and
interference with the functioning of a intelligible; or (ii) The act of knowingly
computer or computer network by using computer data which is the product
inputting, transmitting, damaging, of computer-related forgery as defined
deleting, deteriorating, altering or herein, for the purpose of perpetuating a
suppressing computer data or program, fraudulent or dishonest design.
electronic document, or electronic data - Computer-related Fraud: The
message, without right or authority, unauthorized input, alteration, or deletion
including the introduction or transmission of computer data or program or
of viruses. interference in the functioning of a
- Misuse of Devices: (i) The use, computer system, causing damage
production, sale, procurement, thereby with fraudulent intent: Provided,
importation, distribution, or otherwise that if no damage has yet been caused,
making available, without right, of: (aa) A the penalty imposable shall be one (1)
device, including a computer program, degree lower.
designed or adapted primarily for the - Computer-related Identity Theft: The
purpose of committing any of the intentional acquisition, use, misuse,
offenses under this Act; or (bb) A transfer, possession, alteration or deletion
computer password, access code, or of identifying information belonging to
similar data by which the whole or any another, whether natural or juridical,
part of a computer system is capable of without right: Provided, that if no damage
being accessed with intent that it be used has yet been caused, the penalty
for the purpose of committing any of the imposable shall be one (1) degree lower.
offenses under this Act; and (ii) The
possession of an item referred to in C. Content-related offenses.
paragraphs 5(i)(a) or (b) above with
intent to use said devices for the purpose - Cybersex: The willful engagement,
of committing any of the offenses under maintenance, control, or operation,
this section. directly or indirectly, of any lascivious
- Cyber-squatting. – The acquisition of a exhibition of sexual organs or sexual
domain name over the internet in bad activity, with the aid of a computer
faith to profit, mislead, destroy system, for favor or consideration.
reputation, and deprive others from - Child Pornography. — The unlawful or
registering the same, if such a domain prohibited acts defined and punishable by
name is: (i) Similar, identical, or Republic Act No. 9775 or the Anti-Child
confusingly similar to an existing Pornography Act of 2009, committed
trademark registered with the appropriate through a computer system: Provided,
government agency at the time of the That the penalty to be imposed shall be
domain name registration; (ii) Identical or (1) one degree higher than that provided
in any way similar with the name of a for in Republic Act No. 9775.
person other than the registrant, in case
of a personal name; and
(iii) Acquired without right or with
intellectual property interests in it.
 MEDIA LAWS AND ETHICS
(FINALS REVIEWER)

NOTE: R.A. No. 9775 is amended now by 9. Photo and Voyeurism

R.A. No. 11930
- As prescribed in Section 3(d) of Republic
- Unsolicited Commercial Communications: Act No. 9995, photo or video voyeurism
The transmission of commercial electronic means the act of taking photo or video
communication with the use of computer coverage of a person or group of persons
system which seek to advertise, sell, or performing sexual act or any similar
offer for sale products and services are activity or of capturing an image of the
prohibited unless: (i) There is prior private area of a person or persons
affirmative consent from the recipient; or without the latter's consent, under
(ii) The primary intent of the circumstances in which such person/s
communication is for service and/or has/have a reasonable expectation of
administrative announcements from the privacy, or the act of selling, copying,
sender to its existing users, subscribers or reproducing, broadcasting, sharing,
customers; or (iii) The following showing or exhibiting the photo or video
conditions are present: (aa) The coverage or recordings of such sexual act
commercial electronic communication or similar activity through VCD/DVD,
contains a simple, valid, and reliable way internet, cellular phones and similar
for the recipient to reject. receipt of means or device without the written
further commercial electronic messages consent of the person/s involved,
(opt-out) from the same source; (bb) The notwithstanding that consent to record or
commercial electronic communication take photo or video coverage of same
does not purposely disguise the source of was given by such person's.
the electronic message; and (cc) The
commercial electronic communication
does not purposely include misleading
information in any part of the message in
order to induce the recipients to read the
message.
- Libel: The unlawful or prohibited acts of
libel as defined in Article 355 of the
Revised Penal Code, as amended,
committed through a computer system or
any other similar means which may be
devised in the future.

D. Other offenses. (Section 5)

- Aiding or Abetting in the Commission of

Cybercrime.
- Attempt in the Commission of Cybercrime.

7. Aiding or Abetting in the Commission of

Cybercrime

- Any person who willfully abets or aids in

the commission of any of the offenses
enumerated in this Act shall be held
liable.

8. In regards to Safe Spaces Act, what if the person

being breastfed is not a child?