[Mirror] Castillejo, Virgilio Jr.

SY 2011-2012, First Semester


the use of follow us on facebook or twitter by mass media

Mass media (Broadcasting and Printt) media is a tool or devise to provide a news or way to communicate with the people. The used of social networking sites is a great extensions for the mass media to easily and conveniently reach the people. The free used of such sites (as for today the Facebook and Twitter were IN) the mass media can take advantage. The issue of unfair competion as between the social networking sites that are IN today will prejudice the others sites, has no basis. As for there were no laws prohibiting this connections as between the mass media and the social networking sites for so long as there is no violations of freedom of expressions and the press (as stated in the constitutions). Under RPC Sec. 168 Monopolies and combinations in restraint of trade.

1. Any person who shall enter into any contract or agreement or shall take part in any conspiracy or combination in the form of a trust or otherwise, in restraint of trade or commerce to prevent by artificial means free competition in the market.

The act of creating a social networking sites as extensions of mass media did not create conspiracy or combination in the form of a trust or otherwise. The mass media and the social networking sites though have an internal agreements upon signing but does not create monopolies and combination in restraints of trade as between the IN today and the not so IN today social networking sites.

Senator Edgardo J. Angara today reiterated the important role that media plays in society as the eyes and ears of the people, and further urged the press to illustrate the social reality of a society that neglects the poor and the deprived. (http://www.edangara.com/archives/news-releases/2006/october/role-of-philippine-mass-media.html)


creation of website to air alleged anomalies

People were free to comment or to give his opinion on something or to or against a person. This was provided by our Constitution on freedom of expression provided it is done without malice and based on actual facts not merely suppositions. Freedom of expression is not absolute or else the person will face the consequence of his act as Libel may be proper against him.

Defamatory remarks and comments on the conduct or acts of public officers which are related to the discharge of their official duties will not constitute libel if the defendant proves the truth of the imputation.

But any attack upon the private character of the public officer on matters which are not related to the discharge of their official functions may constitute libel.(People vs. Del Fierro and Padilla, C.A., G.R. No. 3599-R, July 27, 1950)

The conduct or acts of public officers which are related to the discharge of their official duties are matters of public interest. It is a defense in an action for libel or slander that the words complained are fair comment on a matter of public interest.

Fair commentaries on matters of public interest are privileged and constitute a valid defense in an action for libel or slander. The doctrine of fair comment means that while in general every discreditable imputation publicly made is deemed false, because every man is presumed innocent until his guilt is judicially proved, and every false imputation is deemed malicious, nevertheless, when the discreditable imputation is directed against a public person in his public capacity, it is not necessarily actionable. In order that such discreditable imputation to a public official may be actionable, it must either be a false allegation of fact or a comment based on a false supposition. If the comment is an expression of opinion, based on established facts, then it is immaterial that the opinion happens to be mistaken, as long as it might be reasonably be inferred from the facts. (Borjal vs. Court of Appeals, 301 SCRA 1, 22[1999])

For this, the creation of a site where a person will air his comment or opinion on the alleged anomalies of the public office or private corporation cannot be denied provided that it is done in good faith that is without malice and based on established facts. Internet is a strong medium of expression where any person can access or even abused.

References:

  • Revised Penal Code on Libel
  • Philippine Constitution on Bill of Rights
  • Book of Reyes on Revised Penal Code Volume II

citation in supreme court cases

The used of real name of the plaintiff and defendant in a supreme court decided civil cases available for public consumption or viewing is just and proper, because once you submit to the jurisdiction of the court it will be considered as public matter available for public used. More so in a supreme court decided criminal cases where the aggrieved party was the People of the Republic of the Philippines and the wrong done was made not only with the specific person, property or honor but to the people as a whole, except where there were minor involved. It will also served as a information or notice to the public for any valid purpose or reason of the named stated therein.

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