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 the intent to sell and persuade a target audience ? Adve
rtising is a form of speech this it is PROTECTED (Commercial Speech) ? Advertisi
ng has the intent to sell rather than to express thus it is regulated. (Police P
ower) Advertising may be regulated through POLICE POWER or EMINENT DOMAIN. SEC 1
1 Only Filipino citizen or corporations or associations at least seventy per cen
tum (70%) of capital of which is owned by such citizen shall be allowed to engag
e in advertising industry. (page 2) ? Advertising is less restrictive in terms o
f ownership. Ownership: 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 te
chnology from foreign shores to this country where innovation on advertising are
introduced. SEC 11
The participation of foreign investors in the governing body
of entities in such industry shall be limited to their proportionate share in c
apital thereof, and shall all the executive and managing officers of such entiti
es must be citizens of the Philippines. (page 2) ? With respect to management, f
oreigners are prohibited from taking an executive or managing officer position a
. Mass Media Management = 100% Filipinor property without due process nor shall
any person be denied equal protection of the law. (page 6) ? Talks about POLICE
POWER The State can exercise police power (to regulated, with no just compensati
on) BUT due process must be given CASE: Churchill and Trait vs. Rafferty (BIR) S
TORY: Churchill placed a billboard that covers the view of nature and compels at
tention because of its location. Churchill's billboard is placed in his private
party. The government 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 m
anagement is 100% Filipino ? It is a gate keeper of what is communicated to the
masses. o b. Advertising 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) ARTICLE XVI: General Provisions The
ownership and management of mass media shall be limited to citizens of the Phil
ippines, or to corporations, cooperatives, or associations, wholly-owned and man
aged by such citizens. (page 1) MAIN IDEA: The Legal Environment of Mass Media ?
Mass Media and Advertising is Different a. Mass Media is limited to TVC, PRINT,
and RADIO ? Fajardo's land is useless because of the ordinance passed. He canno
t use his private property therefor the government is exercising the power of em
inent domain and should be given just compensation. ARTICLE III
Freedom of Speec
h (Sec. 4) Sec 4 No law shall be passed abridging the freedom of speech, of expr
ession, or of the press, or the right of the people to peacefully assemble and p
etition the government for redress of grievances. (page 10) ? Speech is an encom
passing term that includes every possible form of expression (Verbal and Non Ver
bal) - Freedom of speech cannot be unfretted. Though it is subject to regulation
s (usually through police power) - The moment you express through actions, you a
re responsible. ? Two Types of Speech 1. Protected a. Core Speech ? Non Commerci
al ? General Rule: it cannot be interfered with ? Underlying motive is to EXPRES
S b. Commercial Speech ? General Rule: it can be regulated ? Underlying motive i
s for PROFIT 2. Unprotected a. Libel - it must be ? Public ? Malicious ? Imputat
ion of (can be real or imaginary) i. Crime ii. Vice iii. Defect ? Any act of i.
Omission ii. Condition iii. Status iv. Circumstances ? Causes the following i. D
ishonor ii. Discredit iii. Contempt ? Blacken the memory of one who is dead ? TH
E PERSON SHOULD BE IDENTIFIABLE Anything online is public (even private messages
) Only the person who has been caused damaged to can sue.