The 1987 Constitution guarantees freedom of speech and press as a fundamental right.

The
provision contained in Section 4 of the Bill or Rights provides a prohibition of prior restraint. This means
government interference is prohibited in advance of actual publication or dissemination. Likewise, to
effectuate such guarantee, it also provides a limit on the power of the State to impose subsequent
punishment or regulations that curtail both freedoms. The rise of social media platforms has paved the
way for the proliferation of fake news and hate speech. In response to these concerns, two laws in the
form of RA123456 and RA234567 were passed to regulate media and social-working sites to prevent
disinformation and misinformation.
 SEN

Capabilities/ Capacity Approach

• Looking at the capacity of the people in that society to fight for themselves.

• Poor and unjustly treated to better represent themselves and fight for what is..

• What we aim for is the next best thing- the next just.

• For everyone to get their share of the pie.

• What is just for Sen is what makes to build capacity.

• Recognition of rights build capacity.

• Justice is not a set of principles of an idealist society but is moving from an unjust situation to
less unjust

CAPACITY IS KEY.

RAWLS:

Rawls was a contemporary philosopher.

• What is Justice?

○ Fairness

○ To be just is to be fair (not equal and treated the same and not even doing the right thing)

○ Original Position

○ Veil of Ignorance

○ How do you determine fairness when facing a legal decision?

§ Fairness is that one can discern from his/her original position where he/she can put a veil of
ignorance in her eyes.

□ Know your biases and your own interest no matter what your position may be.

□ Go back to a position where you didn’t have biases and interests.

□ When people enter the courts, they bring themselves. Themselves meaning their beliefs,
principles, religion, history

□ WE can never be fair. So if you want to be fair, put on a veil of ignorance as if you did not
experience anything and ignorant with everything. Empty yourself of your biases and experiences and go
back to your original position
 PHIL. CONST. art II, § 24.

□ Is there such thing as an original position

□ He was trying to establish an ideal and just justice system

§ Principle of Liberty -

□ choose always what makes human beings free and makes them human; to develop, to grow

□ Restraints happen but it can be justified if it allows us to grow and be free

□ You have the bill of rights but for it to work you shall have an authority implementing that to
keep the order

□ How can you live with freedom w/o respect to rights

□ w/o BOR comes tyrrany

□ Why does PDAF (if declared unconstitutional) why does it make us more free or oppress us?

§ Principle of Equality

□ You should never do something that limits the freedom of other people

□ When you judge or decide something that discriminates against a group of people.

□ We need an independent judiciary and

In order that a measure or law may be justified under the police power of the state, it must meet
two tests:

a) the subject must be lawful

b) the means employed is lawful.

Rawls' 2 principles:

1. principle of liberty - always choose what makes human beings more free

2. principle of equality - you should never do something that limits the freedom of other people;
as long as it limits everyone, it is fair

THE ANTI-DISINFORMATION AND FAKE NEWS LAW