CHAPTER 5 THE BLOGGER’S FREEDOM OF EXPRESSION AND THE CYBER LIBEL LAW

Question 1

“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.”

Answer 1

FREEDOM OF SPEECH Section 4 of 1987 Constitution, Article III – Bill of Rights

Question 2

All Filipinos, celebrities and everyday folks alike, have the right to express their
____ and ____ and to participate in activities in line with these beliefs. The
Constitution guarantees our freedom of thought, expression, and participation.

Answer 2

beliefs and convictions

Question 3

HOW IMPORTANT IS FREEDOM OF SPEECH

Answer 3

1. Foundation of Democracy
2. Fosters Innovation and Progress
3. Protects Minority Voices
4. Preserves Individual Autonomy
5. Promotes Tolerance and Understanding
6. Safeguards against Tyranny

Question 4

is a type of web site usually maintained by an individual
with regular entries of commentary, descriptions of events, or other
material such as graphics or video.

Answer 4

BLOG

Question 5

The _____ _______ protect bloggers’ right to free speech
and expression, however, this does not give them unfettered license
to write to the detriment of others.

Answer 5

Philippine Constitution

Question 6

are among the seventeen crimes (17) enumerated by
RA10175 or the Cybercrime Law. It was declared valid and
constitutional by the Supreme Court. Section

Answer 6

Section 4(c)(4)

Question 7

The unlawful or prohibited acts of libel as defined by
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

Answer 7

Libel

Question 8

Pro-Duterte blogger arrested in baguio over ___ ____ charges

Answer 8

cyber libel

Question 9

From these two (2) constitutional provisions mentioned above are the elements of

Answer 9

a. Freedom of expression
b. Freedom from prior restraint or censorship
c. Freedom from subsequent punishment

Question 9

“No person shall be detained solely by reason of his political beliefs and aspirations

Answer 9

(Art III, Sec 18(1) Constitution)

Question 10

Two Philosophical Bases:

Answer 10

Discovery of Truth (free market of an idea) –
For Self-Government

Question 11

The freedom of expression is
essential for the search of truth. This is the market place that posts the power of
thought can be tested by its acceptability in the competition of the market.

Answer 11

Discovery of Truth (free market of an idea)

Question 12

Public policy, the welfare of society, and the orderly
administration of government, have demanded protection for public opinion.
The inevitable and incontestable result has been the development and
adoption of the doctrine of privilege.

Answer 12

For Self-Government

Question 13

A person is free to comment, “Senators Revilla, Enrile and Estrada should
resign!” But the three senators cannot be forced to resign because they were
directly elected by the people.

Answer 13

TRUE

Question 14

While the Philippine Constitution protects peoples’ right to free speech and expression, this DOES NOT give them free license to WRITE TO THE DETRIMENT OF OTHERS

Answer 14

TRUE

Question 15

our right to free expression is
NOT absolute. It has limitations.

Answer 15

TRUE

Question 16

The act of knowingly making a
false written statement in
public

Answer 16

Libel

Question 17

The act of knowingly making a
false verbal statement in
public

Answer 17

Slander

Question 18

types of defamation

Answer 18

Libel - Written false statement
Slander - Verbal false statement

Question 19

example of libel

Answer 19

Social post, blogs, newspaper

Question 20

example of slander

Answer 20

podcast, video, news broadcast

Question 21

The characterization of libel as constitutionality
UNPROTECTED SPEECH is EASILY UNDERSTANDABLE
when the object of criticism is NOT a public figure. (t or f)

Answer 21

TRUE

Question 22

A private person is entitled to the protection of his own
reputation, and the stupidity and immorality of his acts
affecting only his private life is NOT of vital concern to the
public. (t or f)

Answer 22

TRUE

Question 23

But when a person becomes a public figure, either as an
occupant of or aspirant to a public office, the wisdom or
stupidity of his actions and the absence or abundance of
his mental and moral qualifications for office, ARE OF
VITAL CONCERN TO THE PUBLIC. (t or f)

Answer 23

TRUE

Question 24

A libel is public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.

Answer 24

Art. 353. Definition of Libel. (According to our Revised Penal Code)

Question 25

Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown, except in the following cases: 1. A private communication made by any person to another in the performance of any legal, moral or social duty; and 2. A fair and true report, made in good faith, without any comments or remarks, of any 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.

Answer 25

Art. 354. Requirement for Publicity. (According to our Revised Penal Code:)

Question 26

refer to DEFAMATION IN GENERAL or slander which came from the Spanish text “defamation” and which was translated in the English text as “libel”

Answer 26

Article 353

Question 27

Libel is a defamation committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means.

Answer 27

The crime Libel is defined in Art. 355.

Question 28

A libel committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means, shall be punished by prison correccional in its minimum and medium periods or at a fine ranging from to 200 to 6,000 pesos, or both, in addition to the civil action which may be brought by the offended party.

Answer 28

According to our Revised Penal Code: ▪ Art. 355. Libel Means by writing or similar means.

Question 29

A person may only be convicted of an offense if all the elements of defamation is present. If one is absent, then the accused must be acquitted.

Answer 29

TRUE (ELEMENTS OF DEFAMATION)

Question 30

elements of defamation

Answer 30

1. Imputation/ accusation 2. Publicity 3. Malice 4. Identification of the victim 5. effect on reputation 6. in writing

Question 31

Persons Responsible identified the pertinent provisions regarding where cyber liber will be file.

Answer 31

CYBER LIBEL PRIOR TO RA 10175 Art.360

Question 32

if ALL of the offended parties ARE NOT public official then VENUE is at the province or city where the libelous article is printed and first published OR at the province or city where one of the offended parties actually resides at the time of the commission of the offense;

Answer 32

TRUE

Question 33

ELSE (at least one of the offended parties is a public official) then venue is at the province or city where the libelous article is printed and first published OR province or city where the public officials holds office at the time of the commission of the offense. (T of F)

Answer 33

TRUE

Question 34

The right to choose the venue belongs to the offended parties. However, the court where the criminal action or civil action for damages is first filed, shall acquire jurisdiction to the exclusion of other courts,

Answer 34

General Rule

Question 35

cruel and oppressive government or rule.

Answer 35

Tyranny