Media Law - Comm106

  ABS-CBN v. COMELEC (2000) Facts. The Resolution was issued by the Comelec upon “information from a reliable source that ABS-CBN (Lopez Group) has prepared a project, with PR groups to conduct radio-TV coverage of the elections...and to make an exit survey of the … vote during the elections for national officials particularly for President and Vice president, results of which shall be (broadcast immediately.” The electoral body believed that such project might conflict with the official Comelec count, as well as the unofficial quick count of the National Movement for Free Elections (Namfrel). It also noted that it had not authorized or deputized petitioner ABS-CBN to undertake the exit survey. On 9 May 1998, this Court issued the Temporary Restraining Order prayed for by petitioner. We directed the Comelec to cease and desist, until further orders, from implementing the assailed Resolution or the restraining ord...

  MTRCB v. ABS-CBN (2005) Facts. Movie and Television Review and Classification Board (MTRCB), petitioner; ABS-CBN Broadcasting Corporation and Loren Legarda, respondents On October 15, 1991 at 10:45 p.m, ABS-CBN aired “Prosti-tuition” an episode of the TV program “The Inside Story” produced and hosted by Loren Legarda. It depicted female students moonlighting as prostitutes to enable them to pay for their tuition fees. In the course of the program, student prostitutes, pimps, customers, and some faculty members were interviewed. The Philippine Women’s University (PWU) was named as the school of some of the students involved and the facade of the PWU building at Taft Avenue, Manila conspicuously served as the background of the episode. Its showing caused uproar in the PWU community. Dr. Leticia P. de Guzman, chancellor and trustee of the PWU, and the Parents and Teachers Association filed letter complaints with petiti...

  Disini v. Secretary of Justice (2014) Facts. The government has the duty to and the right to prevent cybercrimes from happening and punish their perpetrators, hence the Cybercrime Prevention Act.   But petitioners claim that the means adopted by the cybercrime law for regulating undesirable cyberspace activities violate certain of their constitutional rights. Petitioners challenge the constitutionality of the 21 provisions of the cybercrime law that regard certain acts as crimes and impose penalties for their commission as well as provisions that would enable the government to track down and penalize violators. Pending hearing and adjudication of the issues presented in these cases, on February 5 2013, the Court extended the original 120-day temporary restraining order (TRO) that it earlier issued on October 9 2012, enjoining respondent government agencies from implementing the cybercrime law until further...

  Gonzales v. Comelec (April 18, 1969) Facts. Arsenio Gonzales, petitioner; Felicisimo R. Cabigao, co-petitioner;   Commission on Elections, respondent Senator Lorenzo Ta ñ ada (amicus curiae) Petitioners challenged the validity of two new sections included in the Revised Elect ion Code under RA 4880, which prohibits (1) early nomination of candidates, and (2) limits the election campaign period, on constitutional grounds that it invokes the liberty of free speech and free press, freedom of assembly and freedom of association.   Issue. Whether/n the freedom of expression be limited   Held. Yes. The freedom of expression is not absolute. However, the necessary two-thirds vote was not obtained, so “there is no occasion for the power to annul statutes.” (Refer below for the ruling)   The Court, in Cabansag v. Fernandez, provides two (2) tests that may supply an acceptable criterion for permissible...