問題一覧
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Section and RA of Protection Afforded to Journ. And their Sources
Section 5 of RA 10173
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Nothing on this act shall be construed as to have ammended or repeated the provisions of ____
RA 53 (Sotto Law)
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General Provisions
Article 16, Sections 10 & 11
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This section refers to making sure that the law shall provide policy of environment
Section 10
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This section refers to the ownwrship and management of mass media shall be limited to citizens
Section 11
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This section refers to Amendments to this constitution may likewise be proposed by the people through initiatives.
Section 2
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It must be freely given, specific informed and the definition further
Consent
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Section and RA that given to protect journalists and their sources
Section 5, RA 10173
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Constitutional Provisions related to Data Privacy Act
Article 3, Sections 2&3
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Civil Code of the Philippines
Article 26
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2 Types of Defamation
Libel, Slander
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RA. 10175
Cyberlibel
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RA____ or Cybercrime Prevention act of 2012
RA 10175
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Cyberlibel Minimum
6 years and 1 day to 8 years
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Cyber libel Maximum
8 years and 1 day to 10 years
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Article 353
LIBEL
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It is public and malicious imputation of a crime or a vice or defect, real or imaginary
Libel
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It has a higher level of punishment/penalty than libel.
Cyberlibel
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Article 355
Penalty
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It refers to libel means writing or similar means.
Article 355 Penalty
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An Article that tells “person responsible”. any person who shall publish, exhibit, or cause rhe publication.
Article 360
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Section ___ of the Cyber Crime Prevention Act
Section 6
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Forms of Libel
Facilities of Mass Media, Modern Communication Facilities , Literary Outlets
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Select 3 Persons Liable for Libel
Authors of written definite article, Any persons who shall publish the publication , Editor-In-Chief
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Give the 4 Elements of Libel
Defamatory Imputation, Publication, Identification, Malice
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2 types of Malice
Presumed Malice, Malice in fact
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It tends to injure imputation or to diminish esteem, respect and goodwill
Defamatory Imputation
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Example of Defamatory Imputation
The victim is humiliated and publicly embarrassed
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Imputation made using these defamatory words using these figure if speech.
Hyperbole, Irony, Metaphor
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Figure of speech in exaggeration
Hyperbole
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Figure of Speech in Sarcasm
Irony
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Figure of speech in denoting one idea
Metaphor
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These 2 persons are liable for Written Libel
Speaker, Producers
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One of the forms of libel that says Libel is published not only when it is widely escalated but also through other means
Publication
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Example of Publication
Posting the material on the internet or posting in a bulletin board
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One of the forms of libel that refers to the defamatory words must be referred to an ascertained person which must be the plaintiff
Indentification
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2 Rule of Identification
If Serveral persons were libeled in one article, If the Article is directed to a class or group of people
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One of the forms of libel that connotes will or spite & speaks not in respnse to duty but merely to injure the reputation of the person
Malice
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Also known as constructive malice, legal malice, implied malice
Presumed malice
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Also knows as express malice, actual/real/true malice
Malice in fact
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Malice needs to be identified by the complainant of its under malice in fact. Who should prove it?
the accused
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2 types of Malice in Law
Presumed Malice, Constructive/legal/implied malice
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Malice in Fact
Actual/real/True Malice
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This can also go back or be related to malice in Law (accused) in some cases
The complainant
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What do we call of the person libeled may file a criminal case or separate case for damages
Remedies of the Victim
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It shall be filled in the RTC of the province, but may also be filed elesewhere
Venue
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In the RTC of the province/city where he resides
Private Person
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Venue where in the RTC of Manila
Public Official
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Venue where the RTC of the province/city where he holds office
Public Official holding OUTSIDE manila
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It is an unprotected speech in which the state has the right to regulate
Obscenity
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Described as an itching or longing with sexual tensions.
Purient
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According to _____ a thing is obscene n t predominant appeal lo to Prurient intertest.
American Law Institute’s Model Penal Code
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Regina v Hicklin revolved around the publication of an anti-catholic piece called The Confesional Unmarked
Hicklin Test
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He wrote the verbal formula known as Hicklin rule-which, to American courts, were passed as "isolated passages test" A book could he rejected on the basis of violated obscene
Lord Cockburn
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Defines the overall effect of the book, picture, or publication-
Roths and Alberts Test
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A test that says The average person, applying contemporary community standards would find the work appealing to prurient interest.
Miller Test
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In Miller test, it says here that the work lacks serious literary, artistic, political or scientific value. What test is it?
LAPS test
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Defines whether the tendency of the matter is to deprave or corupt those minds that are open to immoval influence,
Kottinger Rule
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States and defines it in further detail…
Revised Penal Code
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Immoral doctrines, obscene publications and exhibitions, and indecent shows. The penalty of prison mayor or a fine ranging from 6,000 to 12,000 php, or both to such imprisonment and fine shall be imposed upon
Article 201
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The penalty of prison mayor or a fine ranging from ______ to _____ or both to such imprisonment and fine shall be imposed upon
6,000 to 12,000