Decriminalization of libel: A dichotomy of freedom of the press and one's reputation
Date of Publication
2007
Document Type
Bachelor's Thesis
Degree Name
Bachelor of Science in Commerce Major in Legal Management
Subject Categories
Commercial Law
College
Ramon V. Del Rosario College of Business
Department/Unit
Commercial Law
Thesis Adviser
Hilario S. Caraan
Defense Panel Member
Jocelyn P. Cruz
Emily V. Sanchez
Abstract/Summary
Media as watchdog of the society experience unwarranted hindrances in the performance of their duty. Criminal prosecution from public officers and/or public figures hinders media, as it is an unwarranted impediment upon them. Decriminalizing libel has been one option as to remove this unwarranted impediment against media. However, this option tramples upon the right of a defamed individual, as the remedy is limited to civil liability alone. The government must always protect one's reputation, which is constitutional right.
The tussle between valuing both rights is addressed by the researchers. The Philippine Constitution, interviews, articles and other research materials were utilized to answer the issues of this paper. The researchers have established how police power in implementing the proposed bill to decriminalize libel does not limit one's right to reputation. Due process in terms of removing criminal liability is not a valid limitation to one's right to property. One's right to property has a higher value as compared to freedom of the press.
This brings about a proposal by the researchers of a bill to decriminalize libel where after final, unappealable and executor court decision, and additional right to reply is granted to the famed individual. This bill in effect is a win-win situation as it removes unwarranted hindrances against media. And at the same time allows public officers and/or public figures to regain their good reputation.
Abstract Format
html
Language
English
Format
Accession Number
TU16968
Shelf Location
Archives, The Learning Commons, 12F, Henry Sy Sr. Hall
Physical Description
82, [54 unnumbered] leaves
Recommended Citation
Chan, J. Z., & Cu, K. T. (2007). Decriminalization of libel: A dichotomy of freedom of the press and one's reputation. Retrieved from https://animorepository.dlsu.edu.ph/etd_bachelors/17706
