SY 2011-2012, First Semester
Mass media are potent means of mass communication coupled with the advance technology of social networking is a major break through to a faster and more effective exchange of communication. They play vital role in informing the public. Their use of a particular social network is their freedom of choice and to inform the public is also their basic right of expression enshrined in our 1987 Constitution of the Philippines.
The questioned act of anchors are first and foremost with authorization and approval of the Broadcasting Company who would be the first to sanctioned or prohibit if its against company policy or business ethics. It does not constitute either unfair competition as contemplated in S. 168.3 (c) of RA 8293 Intellectual Property Code. The mere asking/mentioning of the preferred use of a particular social network do not discredit the services of others. What the law prohibits is for persons to make any false statement, in bad faith that is tantamount to discrediting the goods, business or services of another.
It may appear that said acts constitute unfair competition as they are endorsed and said social networks get free advertisement. But in reality, the anchors or users of said social networks avail and benefits from its free use. The primary purpose of the act is to strengthen the communication of the anchors to their public followers and to simplify work and convenience in using a certain social network which will redound to their own and the broadcasting company’s benefit. The free advertisement is just an accidental effect which in the natural course of things is just fair and equitable for the benefits received in having free use of social networks.