Proposed right of reply: A violation of the freedom of the press?

• Main Authors: Camacho, Helene Rose C., Villapana, Alvie Marie T.
• Format: text
• Language: English
• Published: Animo Repository 2011
• Subjects: Commercial Law
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/17807
• Institution: De La Salle University

Section 4, Article III of the 1987 Philippine Constitution provides for and protects the press freedom which states that: 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 of redress of grievances. However, Right of Reply Bill or An Act Granting the Right of Reply and Providing Penalties in Violation Thereof is proposed which orders the media to give newspaper space or airtime free of charge to the persons who feel aggrieved by commentaries which may be biased and inaccurate in the same space where the abuse took place. The main premise of this research is whether the exercise of a person of the Right of Reply, given by law, infringes the freedom of expression of media establishments and journalists. This research was done thoroughly using the Philippine Constitution and U.S. Landmark Cases as the main sources. An analysis of the sources provided the methodology for this research. The researchers found out that the Right of Reply Bill violates the freedom of the press since some of its provisions are very broad in terms or too much of a burden to the media. This research concludes that the proposed Right of Reply Bill is unconstitutional. This research recommends that Right of Reply should not be legislated but instead, the media should practice self-regulation. The establishment of a Press Council will serve as the promoter of the Journalists Code Ethics, will handle public complaint and will advocate press freedom. Furthermore, the researchers suggest on improving the existing libel law especially through fast-tracking cases. And lastly, the researchers propose the information of media advocacy groups who will monitor media content (print and broadcasting) and will make necessary recommendations.