the protection of consumers and the promotion of general welfare. ?

Advertising
is a property in the form of speech that uses mass media to communicate a produc
t / advocacy / idea for th
ARTICLE XVI: General Provisions The ownership and management of mass media shall
be limited to citizens of the Philippines, or to corporations, cooperatives, or
associations, wholly-owned and managed by such citizens. (page 1) MAIN IDEA: Th
e Legal Environment of Mass Media ? Mass Media and Advertising is Different a. M
ass Media is limited to TVC, PRINT, and RADIO ? Fajardo's land is useless becaus
e of the ordinance passed. He cannot use his private property therefor the gover
nment is exercising the power of eminent domain and should be given just compens
ation. ARTICLE III
Freedom of Speech (Sec. 4) Sec 4
No law shall be passed abrid
ging the freedom of speech, of expression, or of the press, or the right of the
people to peacefully assemble and petition the government for redress of grievan
ces. (page 10) ? Speech is an encompassing term that includes every possible for
m of expression (Verbal and Non Verbal) - Freedom of speech cannot be unfretted.
Though it is subject to regulations (usually through police power) - The moment
you express through actions, you are responsible. ? Two Types of Speech 1. Prot
ected a. Core Speech ? Non Commercial ? General Rule: it cannot be interfered wi
th ? Underlying motive is to EXPRESS b. Commercial Speech ? General Rule: it can
be regulated ? Underlying motive is for PROFIT 2. Unprotected a. Libel - it mus
t be ? Public ? Malicious ? Imputation of (can be real or imaginary) i. Crime ii
. Vice iii. Defect ? Any act of i. Omission ii. Condition iii. Status iv. Circum
stances ? Causes the following i. Dishonor ii. Discredit iii. Contempt ? Blacken
the memory of one who is dead ? THE PERSON SHOULD BE IDENTIFIABLE Anything onli
ne is public (even private messages) Only the person who has been caused damaged
to can sue.e intent to sell and persuade a target audience ? Advertising is a f
orm of speech this it is PROTECTED (Commercial Speech) ? Advertising has the int
ent to sell rather than to express thus it is regulated. (Police Power) Advertis
ing may be regulated through POLICE POWER or EMINENT DOMAIN. SEC 11
Only Filipin
o citizen or corporations or associations at least seventy per centum (70%) of c
apital of which is owned by such citizen shall be allowed to engage in advertisi
ng industry. (page 2) ? Advertising is less restrictive in terms of ownership. O
wnership: 70/30 profit sharing 70% - Filipino 30% - Foreigners To protect their
interest, foreigners are allowed ownership over companies created to sell their
product (limited ownership) ? Created opportunities to transfer technology from
foreign shores to this country where innovation on advertising are introduced. S
EC 11 The participation of foreign investors in the governing body of entities i
n such industry shall be limited to their proportionate share in capital thereof
, and shall all the executive and managing officers of such entities must be cit
izens of the Philippines. (page 2) ? With respect to management, foreigners are
prohibited from taking an executive or managing officer position a. Mass Media M
anagement = 100% Filipinor property without due process nor shall any person be
denied equal protection of the law. (page 6) ? Talks about POLICE POWER The Stat
e can exercise police power (to regulated, with no just compensation) BUT due pr
ocess must be given CASE: Churchill and Trait vs. Rafferty (BIR) STORY: Churchil
l placed a billboard that covers the view of nature and compels attention becaus
e of its location. Churchill's billboard is placed in his private party. The gov
ernment characterized it as offensive to the sight ISSUE: Whether the billboard
may be removed without just compensation to the owners RULING: The billboard was
removedPlays a critical role in nation-building ? Ownership and management is 1
00% Filipino ? It is a gate keeper of what is communicated to the masses. o b. A
dvertising Management = 100% Filipino
2. Executive and managing positions are placed entirely in the hands of Filipino
s to assure that content and appeal of the advertisement is strictly Filipino. S
tandards have to be measured according to the national or Filipino psyche. ARTIC
LE III Bill of Rights (Sec. 1 and 9) Sec 1
No person shall be deprived of life,
liberty, Not all information should pass through those gates. The allegiance and
loyalty to country is the primary reason for Filipinization Policies. Mass medi
a plays a critical role in nation building since it is a source of news, informa
tion, ideas, and ideals. Filipinization of ideas projected through mass media is

ensured when left in the hands of Filipino. SEC 11

The congress shall regulate
or prohibit monopolies in commercial mass media when public interest so requires
. No Combination in restrain of trade or unfair competition therein shall be all
owed. (page 2) ? No single company has controlling interest in two traditional f
orms of tri-media comprising of TVC, PRINT, and RADIO. Ex. ABS-CBN owns televisi
on and radio but has no direct interest in print such as a newspaper company The
re is a conscious effort to maintain competition The sense of balance in the mar
ket place can only be achieved under a regime of healthy and fair competition. S
EC 11 The advertising industry is impressed with public interest, and shall be r
egulated by the law for without just compensation through police power although
it is a private property the government's main concern is the general welfare o
f the people and the billboard was a distraction and obstructive. Equal Protecti
on General Rule: Equal to everyone Exemptions: a. More protection over the less
fortunate b. Retail Trade is only for Filipinos c. Law only applies to one (1) c
lass Ex. Only Filipinos can own land 60% must be Filipino Sec 9
Private property
shall not be taken for public use without just compensation (page 6) ? Talks ab
out EMINENT DOMAIN ? The state has the power to exercise eminent domain (take aw
ay with compensation) ? Right to take away/ expropriate is only valid if: i. For
public use ii. There is just compensation CASE: People vs. Fajardo STORY: Fajar
do old house was destroyed due to a typhoon. He owns this parcel of land and on
the process of requesting a permit he was denied because the building will destr
oy the view of the public plaza. He still preceded with the building of his hous
e in his parcel of land. The governments wants the house destroyed because of th
e ordinance. ISSUE: Whether the ordinance is valid. RULING: The ordinance is dee
med invalid due to the reason that
1. CHAPTER 1: CONSTITUTIONAL ISSUES Constitution - A supreme law of the land whe
re all other laws must conform - It is a municipal law that is only bound to its
land - covers the following topics ? Power of the State ? Right of Individuals
? Defines what the state is: ? Territory ? People bound by ? Sovereignty ? Gover
nment - it finds a balance between Power of the State and Right of Individuals I
nherent Power of the State 1. Police Power power to regulate with no compensatio
n for general welfare, health or safety 2. Eminent Domain
power to take away pri
vate property for public use upon payment of just compensation 3. Taxation it is
the lifeblood of the government * Just Compensation can be based on: ? Assessed v
alue ? Zonal Value ? Fair Market Value (FMV)