Freedom of expression, Propaganda and the Freedom of the Press

Licensing the Journalism Profession in the Philippines

A Thesis

Presented to

The Faculty of the Law Department

De La Salle University

In Partial Fulfilment

Of the Requirements for the Cours

Advance Legal Writing

By

Josemaria Ignacio M. Marquez

2017

Chapter 1. Introduction
 A. Background of the study

Social media came of age for politics during the election campaign for the May 2016

elections. 1 The social media exploded with numerous websites that were either anonymous or

authored by real persons that maybe referred to, as a collective, as the DDS or the Duterte

Die-hard Supporters campaigning for then presidential candidate and now President Rodrigo

Roa Duterte. Noticeably among these Duterte Die-hard Supporters is Margaux Justiniano

Uson known by her stage name as Mocha who is a singer, dancer, model, blogger, and lead
2
vocalist of the Mocha Girls, She was able to secure an exclusive interview with President
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Duterte on June 24, 2016. After being criticized for her exclusive interview which she

posted on her blog Mocha Uson Blog she posted on her social media account that anyone

can be a journalist.4

Analysts agreed that the 2016 elections were the most engaged in Philippine history, but

they also pointed out that the period also highlighted some of the angriest and vicious

political discourse thats transforming our democracy.5 Many Journalists and Reporters of

news entities now question the meaning of the practice of journalism. Is it a profession or is it
1 Ressa, M. A. (2016, October 3). Propaganda War. Retrieved March 21, 2017, from
http://www.rappler.com/nation/148007-propaganda-war-weaponizing-internet

2 Mocha Uson. (n.d.). Retrieved March 21, 2017, from https://en.wikipedia.org/wiki/Mocha_Uson

3 Sallan, E. P. (2016, June 27). WATCH | Mocha Uson interviews Duterte, declares support for
president-elects media boycott. Retrieved March 21, 2017, from
http://www.interaksyon.com/entertainment/watch-mocha-uson-interviews-duterte-declares-support-for-
president-elects-media-boycott/

4 Mocha Uson

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 a mere activity. Does one have to be a graduate from a journalism school or can anyone really

be a journalist? It is also noticeable that in Article III Section 4 of the Bill of rights of the

Philippine Constitution, it states that No law shall be passed abridging the freedom, of

expression, or of the press, or the right of the people to peaceably assemble and petition the

government for redress of grievances.

It seems that a fine line must be drawn between freedom of expression and the practice

of the Journalism profession. This proponent proposes to draw that line by proposing that the

practice of the Journalism profession be licensed while keeping in mind that the liberty of

the press is essential to the nature of a free state, this means in laying no previous restraints

upon publication.6 Prior restraint means official governmental restrictions on the press or

other forms of expression in advance of actual publication or dissemination. Its most blatant

form is a system of licensing administered by an executive officer.7

B. Statement of the Problem

5 Ressa, M. A. (2016, October 3). Propaganda War. Retrieved March 21, 2017, from
http://www.rappler.com/nation/148007-propaganda-war-weaponizing-internet

6 Bernas, S.J. The 1987 Constitution of the Republic of the Philippines: A commentart p. 232

7 Bernas, S.J. The 1987 Constitution of the Republic of the Philippines: A commentart p. 233

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 The issues now are the legality of the proposal to require Journalists to be licensed by a

board composed of practitioners of the journalism profession independent of any branch of

government. Will this be considered as a form of prior restraint or will this be a viable

solution in drawing the line between freedom of expression and the journalism profession?

Would this be considered as curtailment of the freedom of expression?

Exactly what is a journalist? Who can be considered as journalists? What constitutes the

practice of journalism? Is there a degree requirement to be considered as a journalist who

maybe said to be practicing the journalism profession?

C. Objective and Significance of the Study.

Aside from answering the legal questions propounded regarding the journalism

profession. This study hopes to also address the on going problem of fake or fabricated news

in fake news websites by either anonymous authors or fabricated identities, worse some of

these fabricated identities claim to associate themselves with media entities. To cite as a

situation, It was reported by Rappler an online news agency, that in 2016 during the hype of

the May 2016 presidential election of the Philippines, there was an increase of fake accounts.

Mutya Bautista, a supposed software analyst at ABS-CBN. She uses the profile picture of

pop star Im Yoona of Girls Generation, a South Korean KPop group, and has ties to over 160

groups the biggest of which is BongBong Marcos United at over 160,000 members, and

other overseas Filipino workers groups like Pinoy OFW sa UAE with over 67,000 members.

A check with ABS-CBN showed that "Mutya Bautista," who has only 21 friends, was and is

not connected with the media giant, just like several others such as "Jovelyn Mayor", "Lenny
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 de Jesus", "Babylyn Ventura", "Kim Montes", and "Julius Marquez" who all also claimed to

be with ABS-CBN.8 These fake accounts seem to be engaged in a propaganda war

advocating or supporting a particular candidate or posting fabricated stories aimed at giving a

good image to a certain candidate. According to another story published in Rappler, On,

September 3, 2016, the day after the Davao Bombing numerous anonymous Facebook

accounts shared the article Man with bomb nabbed at Davao checkpoint." It was shared by

Facebook political advocacy pages for President Rodrigo Duterte. And subsequently websites

like newstrendph.com, News Global, and pages like, Digong Duterte Facebook page and

Duterte Warrior, partook of this disinformation campaign by manually altering the time and

date of posting this disinformation because it led readers to believe the man with the bomb

was captured that day, September 3, when President Duterte declared a state of in the

aftermath of the bombing. Readers were duped into sharing a lie because the context changed

the old headline. It led you to believe the governments measure was justified and that it acted

just in the nick of time.9

To reiterate, this study aims to address the un precedented perversion of the practice of

journalism, The labelling of legitimate journalists as bayaran or those who accept bribes.

writers for oligarchs and biased simply because their views go against President Rodrigo

Duterte. This study seeks to remedy the attacks and the perversion to the credibility of the
8 Holifena, C. F. (2016, October 9). Fake accounts, manufactured reality on social media. Retrieved
March 21, 2017, from http://www.rappler.com/newsbreak/investigative/148347-fake-accounts-
manufactured-reality-social-media

9 Ressa, M. A. (2016, October 3). Propaganda War. Retrieved March 21, 2017, from
http://www.rappler.com/nation/148007-propaganda-war-weaponizing-internet

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legitimate newspapers and media of this Democratic Country. The proponent believes that by

licensing the journalism profession will give the profession a distinction from mere

expression of a sentiment of an individual. Arriving at the truth and conveying such is one of

the basic activities a journalist does. The proponent hopes the measure would bring dignity

back to the profession and indeed truly make it a profession instead of an activity that can be

done by anyone hence distinguishing it from an opninion or free expression.

The Propent is inclined to believe that if left uncorrected, unremmedied, these activites

that the proponent dares to categorize as propaganda by Die-hard Duterte supporters,

sometimes directed at discrediting the duly elected Vice President of the Philippines, Vice

President Leni Robredo, would lead to a destabilizaation of democracy in the Philippines and

to the curtailment of freedom of expression of the remaining citizens of the Philippines.

D. Scope and Limitation of the Study

This study shall limit itself to the journalism practices or the practice of the journalism

profession in the Philippines, To the Constitution of the Philippines, and to the Democracy in

the Philipppines.