Freedom of Expression in the Philippines

Ethics in Information Technology, Second Edition
Chapter 5 Freedom of Expression In Philippine Context

Instructor Hajah T. Sueno, MSIT
FREEDOM OF EXPRESSION IN THE PHILIPPINES
Constitutional and Legal System

Philippine Constitution The Philippines has had four constitutions: the Malolos Constitution of 1898 grew out of the revolution against Spain and its subsequent triumph. the 1935 Constitution promulgated and adopted under the US Commonwealth
Ethics in Information Technology, Second Edition 3
Constitutional and Legal System (cont..)

the 1973 or (Ferdinand) Marcos Constitution was adopted during the martial law period, when it was unanimously approved in pre-arranged community meetings. and the 1987 or People Power Constitution. was the result of the overthrow of Marcos in 1987, and was drafted under the presidency of Marcoss successor, Corazon Aquino.
Constitutional and Legal System (cont..)

Philippine Constitution the 1987 or People Power Constitution. was the result of the overthrow of Marcos in 1987, and was drafted under the presidency of Marcoss successor, Corazon Aquino. by far the most liberal constitution the country has ever had in terms of human rights and free expression, driven as it was by its drafters determination to prevent the recurrence of authoritarian rule.
The Importance of Freedom of Expression

Article 19 of the Universal Declaration on Human Rights (UDHR) guarantees the right to freedom of expression in the following terms:
Everyone has the right to freedom of opinion and expression; this right includes the right to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
The Importance of Freedom of Expression (cont..)

The International Covenant on Civil and Political Rights (ICCPR) a treaty ratified by over 150 States, including the Philippines, imposes formal legal obligations on State parties
1. Everyone shall have the right to freedom of opinion. 2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art or through any other media of his choice.
The Importance of Freedom of Expression(cont..)

Freedom of expression is also protected in all three regional human rights instruments, by Article 10 of the European Convention on Human Rights, Article 13 of the American Convention on Human Rights Article 9 of the African Charter on Human and Peoples Rights.
Guarantee of Freedom of Expression in Philippine Constitution

The People Power Constitution guarantees in Article III Bill of Rights freedom of expression (Section 4), privacy (Section 3) and the right to information (Section 7). Section 4 of Article III reads as follows: No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.
Guarantee of Freedom of Expression in Philippine Constitution (cont..)

Article XVI (General Provisions) Section 11 limits media ownership to citizens of the Philippines, or to corporations, cooperatives or associations wholly owned and managed by such citizens. The same section empowers Congress to regulate or prohibit monopolies in commercial mass media when the public interest so requires.
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Guarantee to the Right to Information in the Philippine Constitution

The constitutional guarantee (in Article III, Section 7) of access to informationa right crucial to an informed and free pressis related to Article VI, Section 16 of the 1987 Constitution, which requires the two houses of Congress to keep a journal of [their] proceedings, and from time to time publish the same. Section 20 of the same Article mandates that the records and the books of accounts of the Congress shall be preserved and be open to the public.
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Restrictions of Freedom of Expression

The right to freedom of expression is not absolute; both international law and most national constitutions recognize that it may be restricted.
It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; (b) For the protection of national security or of public order, or of public health or morals.
Restrictions of Freedom of Expression

The Constitution of the Philippines, however, does not explicitly provide for restrictions to the right to freedom of expression. Article III, Sections 3 of the Constitution states: (1) The privacy of communication an correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise as prescribed by law. (2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.
Obscene Speech
Speech is considered obscene when Average person finds the work appeals to the prurient interest Work depicts or describes sexual conduct in an offensive way Lacks serious literary, artistic, political, or scientific value
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Freedom of Expression: Key Issues

Controlling access to information on the Internet Anonymity Defamation Hate speech Pornography
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Controlling Access to Information on the Internet

Freedom of speech on the Internet is complicated by childrens access Communications Decency Act (CDA) Aimed at protecting children from online pornography Broad language and vague definition of indecency Found unconstitutional in 1997
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Controlling Access to Information on the Internet (continued)

Child Online Protection Act (COPA) Applies to communication for commercial purposes Imposes penalties for exposing minors to harmful material on the Web Found unconstitutional in 2004 Internet filter Software installed with a Web browser Blocks access to certain Web sites that contain inappropriate or offensive material

URL filtering Blocks URLs or domain names Keyword filtering Blocks key words or phrases Dynamic content filtering Web sites content is evaluated immediately before being displayed
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Popular Internet filters
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Net Nanny Parental Controls Safe Eyes CYBERsitter Cyber Patrol MaxProtect FilterPak NetMop Wise Choice .Net McAfee Parental Controls Norton Parental Controls
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ISP blocking Blocking is performed on the ISP server ClearSail/Family.NET prevents access to certain Web sites
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Internet Regulations in the Philippines

Internet access, though still limited to a small section of the population, has provoked demands for regulation.
In 2000, the regulation of the Internet to prevent childrens access to pornography was debated in Congress. The liberal Congress members argued for selfregulation by Internet service providers, some of whom have instituted measures precisely to protect minors from accessing pornography sites
Internet Regulations in the Philippines

Infocom Technologies, one of the largest ISPs in the country, for example, now has SafeNet for children. Also in the year 2000, the Philippine Congress passed the Republic Act 8972, or the Electronics Commerce Act
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Anonymity
Principle of anonymous expression People can state opinions without revealing their identity In the wrong hands, it can be a tool to commit illegal or unethical activities Anonymous remailer service Computer program that strips the originating address from the e-mail message Forwards the message to the intended recipient Ensures no header information
Anonymity (continued)
John Doe lawsuit Identity of the defendant is temporarily unknown Common in Internet libel cases Defendant communicates using a pseudonym or anonymously ISPs subpoenaed to provide the identity By filing a lawsuit, the company gains immediate subpoena power
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Defamation
Publication of a statement of alleged fact that is False Harms another person Harm is often of a financial nature Slander Oral defamatory statement Libel Written defamatory statement
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Hate Speech
Hate speech is a term for speech intended to degrade, intimidate, or incite violence or prejudicial action against a person or racial, ethnic, religious or other group. ...
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Hate Speech
Actions that can be prosecuted include Sending threatening private messages over the Internet to a person Displaying public messages on a Web site describing intent to commit acts of hate-motivated violence Libel directed at a particular person
In Philippine Context
PORNOGRAPHY
Definition of Pornography
A depiction or description of licentiousness or lewdness A portrayal of erotic behavior designed to cause sexual excitement (Webster). Material that is predominantly sexually explicit and intended primarily for the purpose of sexual arousal.
Pornography
The Internet has been a boon to the pornography industry More than 60,000 Web sex sites are accessible The sites generate at least $1 billion a year in revenue
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Pornography (continued)
Reasonable steps to stop access in the workplace Establishing a computer usage policy Prohibiting access to pornography sites Identifying those who violate the policy Taking action against those users Numerous federal laws address child pornography Federal offense
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Types of Pornography (US Scene)

SoftCore: Indecent - usually depicts individuals in various erotic poses but not participating in any explicitly violent and/or sexually behavior (as found in high class skin mags, such as Playboy, Penthouse)
HardCore: Obscene - depicts sex acts between persons any age or with animals, gadgets, etc.
Forms of Pornography
Print Media (articles, tabloids, newspaper, magazines, book, calendars, advertisements in tabloids, etc.)
Broadcast (radio, internet, cable or satellite TV, etc.)
Others
Films/Movies Video tapes in various formats CDs/VCDs, cassette tapes of songs, movies, etc. Sex Trade (in sexually oriented businesses like bars, etc.)
Classes of Pornography
1. BESTIALITY (sex with animals) 2. BONDAGE AND TORTURE
primary theme portrays a helpless-appearing person being dominated and tortured by an authority figure. This appeals strongly to homosexuals who belong to S & M clubs (Sado-Masochism).
Classes of Pornography (cont..)

3. HOMOSEXUALITY AND TRANVESTITISM (same sex rape, pedophilia, incest) half of hard-core porn are on this subject. 4. INCEST sexual intercourse between persons too closely related to marry (as between a parent and a child)
5. RAPE & OTHER VIOLENCE popular themes for people who maybe mentally unbalanced. Even soft-core porn is a factor in many rapes and murders.

6. FETISHES
form of sexual desire in which gratification depends to an abnormal degree on some object or item of clothing or part of the body; popular fixations include leather items, necrophilia, pregnant and lactating women, amputees, dwarfs, anus, feet, bathroom activities, plumbing fixtures.
7. SATANISM AND WITCH CRAFT Satan, the ultimate authority figure for
hardcore addicts. Other themes are vampirism, heavy witchcraft and voodoo all emphasizing various perverted sex practices.

8. AMATEUR models, sex videos, professional work produced porno 9. ORGY group sex

10. VOYEURISM sexual pleasures from secretly observing others sexual activity or organs. hidden camera, binocular
Mixoscopia: watching others having sex

Downblouse: viewing breast
Upskirt: legs, bending over
Harms Inflicted by Pornography

1. To Soul
Sinful and harmful to eternal salvation (Catholic catechism) Denies the image of God within us, one be treated with respect and dignity (Judaism) especially among indulging spouses whose conjugal acts become perverted.

(cont..)
2. To Morality
Natural Law an inner voice that calls a person to love, to do good and to avoid evil. Destructive of personal morality since conscience tells to be chaste, a personal moral virtue. Violates public morality since pornography had been legislated as an evil; violators impute the collective judgment of the people as to what constitutes public morality

(cont..)
3. To Family and Marriage
Pornography triggers deviant behavior (contributes to or facilitates sexual addiction) like:
Unwanted compulsive sexual acting out Voyeurism Sadomasochism Fetishism Child molestation, Acts of lasciviousness Rape, etc.

(cont..)
Major consequence: disturbance of the fragile bonds of intimate family and marital relationships and, at worse, destruction of healthy love and sexual relationships with long term bond partners. Far worse, triggers committing carnal crimes (and other degrading attitudinal changes)

(cont..)
4. To Children and others assaulted by pornography agents
Harmful when it falls into the hands of children, not the best way for them to learn about the subject, wrong message at the wrong time and place Children are victimized (or exploited) if photographed while provoked/coerced to engage in some from of sexual activity.

(cont..)
5. To Women
Substantial exposure to sexually violent materials stimulates antisocial and unlawful acts of sexual violence, leads to a greater acceptance of the rape myth that women enjoy being coerced into sexual activity.

(cont..)
Depicting degradation, domination, subordination or humiliation of women, portrayed as masochistic, subservient, nymphomaniacs and overresponsive to responding to the male interest

(cont..)
6. To Porno - driven rapists/molesters and murderers (serial killers)
Used in preparation of seeking out a victim to rape and during actual assault
7. To Performers
(Sex show, nude performances, etc.)

(cont..)
9. To Society
high chances of contracting STDs Being pushed to brink of prostitution and other malevolent practices and causes psychological damage eating disorders, substance abuse, loss of respect especially to women, loss of self - esteem, personal life and relationships suffer, victims of physical and verbal abuse, etc.)
Sexual/Pornographic Addiction
Porno either a contributor, facilitator or direct causal agent in acquiring sexual illness. Illness starts from exposure from young age until becoming frequent, thus addicting; nearly (always) accompanied by masturbation.
Sexual Deviation is learned behavior.
Cycle of Illness Exposure eventually leading to addiction Escalation (from soft/mild to hard/tough) Desensitization (when pornography eventually becomes acceptable or commonplace) Acting out Sexually (e.g., compulsive promiscuity, exhibitionism, voyeurism, sadomasochism, fetishism, etc.)
Treatment requirements
Should be handled by a specially trained sexual addiction therapist (e.g., Alcoholics Anonymous or Sexaholics Anonymous in the USA) Followthrough either by sponsor (someone with a reasonable time period of sobriety you can anytime when temptation arises!) or by a support group
Some suggested activities on combatting obscenity and pornography Make complaints about possible violations of pornography or obscenity laws in your community e.g., stores in areas that sell porn and openly display lewd vulgar magazines)
Digital Pornography
Cyberporn
has been the most controversial topic arising from the use of the Internet in recent years and for years to come. includes hardcore pictures and movies made available online.
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Sources of Cyberporn
1. Bulletin Board Systems (BBS)
71% of the sexually explicit images surveyed originate from adult BBS There they can charge monthly fees and take credit card numbers for individual images. The five largest adult BBS systems have annual revenues in excess of $1 million
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Sources of Cyberporn (cont..)

2. World Wide Web (WWW)
from pictures, short animated movies, short and full actual movies, to sound files and stories. Most premium adult WWW sites require proof of age and payment by credit card to access their materials.
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3. Usenet
There are more than 14,000 Usenet discussion groups all around the world but only around 200 groups are sex related, and some of these relate to serious and legitimate discussions, such as about homosexuality or sexual abuse.
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4. Internet Relay Chat (IRC)
The Internet, through Internet Relay Chat (IRC) and online messaging, makes it possible to discuss sex, see live sex acts, and arrange sexual activities from computer screens.
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5. Peer-to-Peer (P2P)
This method of file sharing allows every individual running a peer-to-peer client or program to acquire sought multimedia files
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Cybersex Streaming Internet Pornography

Cyber sex, in its shortest and most explicit definition is, a combination of communication and masturbation. It is a selfish gratification of ones sexual desires while sharing ones most intimate thoughts and fantasies with someone else
nearly identical to phone sex, the only difference being the method of communication.
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Cyber sexual activity takes many forms. One might download explicit pictures, or explicit stories. One might partake in the exchange of racy, sexually suggestive e-mails. One might view sexually arousing videos which open up and play on ones computer screen, which may be either pre-recorded or live.
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Webcams, cameras interfaced with a computer so that one might broadcasts live streaming images of oneself, are increasingly common in the use of cybersexual activity. Chat rooms, whether general or private, are as popular as ever and might often lead to masturbation, cybersex, phone sex, or actual meetings in the flesh
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Indeed, cybersex is a phenomenon that is neither receding nor going away by any stretch of the imagination.
Cybersex is a growing phenomenon, with an all too rich and vibrant future.
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Pornography in Optical Devices / VCD-DVD

The marked decrease in the price of CDs and DVDs allow the proliferation of contraband films, whether pirated Hollywood and Filipino movies or sexuallyexplicit X-rated movies whether foreign or Filipino. With pornography in VCDs fetching a price of mere twenty (PhP 20) pesos to fifty (PhP 50) pesos.
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Pornography in Mobile Phones / MMS Clips

the capability of mobile phones to access the Internet directly allows download of Internet content into the phone itself.
The mobile phone may also be used to capture images of prank sensual images known as upskirting and/or downblousing of anonymous persons in public places.
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Child Pornography
The Optional Protocol on the Sale of Children, Child prostitution and Child pornography defines
child pornography as any representation of a child engaged in real or simulated explicit sexual activities or of the sexual parts of a child for primarily sexual purposes.
Child Pornography (cont..)

The degree of gravity, pornography ranges from or hardness, of child
0. Clothed or portrait.
1. Naked, but not posed. Many of these were nudist-type photographs. The children in these photographs gave no sign of being aware of the camera

2. Naked and posing. The children here were looking at the camera or had adopted a self conscious pose.
3. Naked with genital contact or contact with another body. These included photographs where a hand was in contact with the genitals, and photographs showing naked children hugging or kissing each other.

4. Oral contact with sex organs.
5. Penetration, either anal or vaginal.
6. Bizarre. This last category contained material with a sadomasochistic character, urine sex, and photographs on which objects were introduced into the body orifices.
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Experts cite several reasons why individuals collect child pornography. These are:
1. Arousal and gratification: Individuals use pornography to stimulate their sexual drive and to aid in sexual stimulation
2. Validation and justification of paedophile behaviour: The paedophile uses pornography to convince him/her self that their behaviour or obsession is not abnormal, but is shared by thousand of other sensitive, intelligent and caring people.

3. To lower a childs inhibitions: Child abusers use pictures of other children having sex to assist in the seduction of a child and encourage reluctant children to freely participate. Pornography may be used under the guise of sex education to create sexual arousal in the child. 4. Preservation of the childs youth: Child pornography ensures that there will always be an image of the child at the age of sexual preference.

5. Blackmail: Sexually explicit images are used to ensure the lifelong silence of the victimised child by threatening to show the pictures to parents, peers or others. 6. A medium of exchange: It is a medium of communication with fellow exploiters in public and private sex markets.
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7. Access: Some exploiters exchange pornography to gain access to other markets and to other children. 8. Profit: Although most do not sell child pornography, there are some paedophiles and child molesters who sell home-made videos and photos on a one-toone basis.
The Philippine Cases

1. John Bagcal; Pasay City (8 May 2003) National Bureau of Investigation (NBI)s Anti-Fraud and Computer Crimes Division (AFCCD), raided three residential apartments in Cliff Townhomes on Roberts Street, Pasay City, owned by a John Bagcal (37 years old, Filipino), due to alleged operation of internet pornography. arrested around 15 pornography female models during the raid, four of them caught in the act of performing in front of Web cameras
The Philippine Cases (cont..)

2. Asianbabes.com; Angeles City, Pampanga (4 October 2004) arrested Roland Thys (Belgian), Dean Punke Arthur (American), Ali Dimanlao Bonjoc able to rescue 23 sex goddesses, including four minors.
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3. Eldon Lopez, et. al.; Angeles City, Pampanga (8 November 2004) As part of polices operation Operation Magdalena a campaign plan against prostitution twenty (20) persons, 17 young women or so-called cybermodels, an employee, a computer technician, and the Internet caf operator-manager
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4. Clifford Hacket, et. al.; San Fernando, La Union (23 November 2004) On 23 November 2004, Clifford Hacket, 40, from Colorado, USA, and his wife, Jaqueline, 24, along with three of their female employees most of them minors: one was 15, another was 16
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5. Orgasmic Studios Inc.; Las Pinas, Metro Manila (21 January 2005)
CIDG agents rescued twenty (20) persons engaged in live sex acts over webcams in a raid of a cybersex shop The girls were distributed in fourteen rooms that served as studios performed various role playing acts for clients, and sometimes did live sex with a partner in front of a camera, mostly from the United States and Germany

Cebu: According to Senator Madrigals group, prior to the raid in La Union last 22 November 2004, Cebu police allegedly swooped down on a cybersex den.
Surigao: According to Senator Madrigals group, an Internet caf owner in Surigao has reported the rampant cybersex operations there. Makati City: According to Senator Madrigals group, as early as two years ago, an alleged cybersex den was raided in an exclusive subdivision in Makati City.
Sex Scandals
The Dumaguete Sex Scandal is a video which shows three women having sex with their boyfriends on different occasions in a bunkhouse in Dumaguete.
La Salle Sex Scandal, also known as Secret of Makati Two teenagers captured their sexual tryst in a video. The usual circulated copy contains 3 scenes. The tape runs for about 70 minutes. The video was said to have been videotaped in 2001, and was allegedly sold for P35,000.
Sex Scandals
Boarding House Scandal, also known as Cebu Scandal or Bisaya Bang-Bang The show Correspondent exposed the secret porn activities of a father-daughter team. The daughter would invite her classmates over at their place for a swimming party The father films the whole thing , the videos becoming part of the private collection of the father.
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Criminal Law
Republic Act No. 7610, otherwise known as the Special Protection And Discrimination Act, as amended by Republic Act No. 7658 and
Republic Act No. 9231, and Republic Act No. 9208 or the Anti- Trafficking of Persons Act of 2003, Republic Act No. 7610 Obscene Publications and Indecent Shows
Criminal Law
Act No. 3815, the Revised Penal Code Article 201, else Article 200, of the Revised Penal Code likewise applies as to the photographs and videos that may have been produced and distributed in the commission of child abuse. hosts (cybersex models), who are above 18 years old and who conduct themselves in such practice in a lewd or lustful manner, although there may be no physical sexual intercourse at all, are within the purview of Article 202
Criminal Law
Prostitutes. For the purposes of this article, women who, for money or profit, habitually indulge in sexual intercourse or lascivious conduct, are deemed to be prostitutes.
Any person found guilty of any of the offenses covered by this articles shall be punished by arresto menor or a fine not exceeding 200 pesos, and in case of recidivism, by arresto mayor in its medium period to prision correccional in its minimum period or a fine ranging from 200 to 2,000 pesos, or both, in the discretion of the court.
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Managers Checklist for Handling Freedom of Expression in the Workplace
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Summary
First Amendment protects the right to Freedom of religion Freedom of expression Key issues: Controlling access to Internet information Anonymous communication National Security Letter (NSL) Spread of defamation and hate speech Access to pornography

Freedom of Expression in the Philippines

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Ethics in Information Technology, Second Edition

Chapter 5 Freedom of Expression In Philippine Context