Law in Advertising in The Philippines
Law in Advertising in The Philippines
Law in Advertising in The Philippines
Constitution
- A supreme law of the land where 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
Government
- it finds a balance between Power of the State
and Right of Individuals
Inherent Power of the State
1. Police Power power to regulate with no
compensation for general welfare, health
or safety
2. Eminent Domain power to take away
private property for public use upon
payment of just compensation
3. Taxation it is the life blood of the
government
* Just Compensation can be based on:
Assessed value
Zonal Value
Fair Market Value (FMV)
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: The Legal Environment of Mass Media
Mass Media and Advertising is Different
a. Mass Media is limited to TVC,
PRINT, and RADIO
Plays a critical role in nationbuilding
Ownership and management is
100% Filipino
It is a gate keeper of what is
communicated to the masses.
Not all information should pass
through those gates.
The allegiance and loyalty to country is the
primary reason for Filipinization Policies.
Mass media plays a critical role in nation
building since it is a source of news,
information, ideas, and ideals.
online is
private
b. During rebellion
c. Classified Censorship (MTCRB)
This can be reviewed by a
higher body.
2. Subsequent Punishment
Allowed to do/show but there is
immediate punishment after.
Exemptions
a. Dangerous Tendency Rule (a
tendency)
If speech is expressed =
possible evil
b. Clear and Present Danger
If speech is expressed = sure
evil
Use proximity and degree
test
c. Balancing of Interests
Individual freedom vs public
interest
CASE: Soriano vs Laguardia