With the recent report that French Law prohibits radio and television broadcasters to direct their audiences to “follow me on Twitter” or “check out my Facebook”[1], leads us to the question on whether or not it is proper for broadcasting media to endorse a particular social networking site?
Our Philippine Constitution affords protection on freedom of speech and press. Specifically, Article 3, Section 4 of the Philippine Constitution prohibits any law that abridges the freedom of speech of the press. However, this freedom is not absolute right and subject to certain limitations.
Furthermore, Kapisanan ng mga Brodkaster ng Pilipinas (KBP), a self-regulatory board for media though the Broadcast Code of the Philippines, sets standards for performance and ethics which are followed by radio and television stations who are members of the Kapisanan ng mga Brodkaster ng Pilipinas (KBP). Article 17 of the said Code states that “x x x promotions shall be conducted with fairness and shall comply with all pertinent government laws, rules and regulations x x x” (underscoring supplied). Thus, it may be viewed that by specifically mentioning “Facebook” and “Twitter” other than on a strictly “information” basis, can be considered promotion or endorsement by the broadcaster hence violates fair play and neutrality as there are other social networking sites available. Though it some may argue that these are public spaces where people freely share information, again why give preference to these two social networks, as reasoned by CSA (Conseil Superieur de l’Audiovisuel, French entity that regulates broadcasting) spokesperson in the above mentioned report. It is noteworthy that it seeks to prohibit the broadcasters to encourage audience to a particular social networking site and not the use of a social network. As an alternative, the broadcaster will have to say “find us on social networking websites” or “check out our webpage at this URL to find links to our pages on social networks”.[2]
Though there is no specific law in the Philippines relating endorsement of these social networking sites, our law aims to promote fairness ad good faith in the exercise of rights and performance of duties as expressly provided under Article 19 of our Civil Code, which reads:
“Art. 19. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.”
As mentioned in the preamble of the Broadcast Code of the Philippines, broadcasting media is considered as a powerful medium in shaping our country’s cultural, social and economic growth and development, thus the practitioners thereof shall have high sense of responsibility, morality, fairness and honesty at all times.
Disclaimer:
This article is position paper posted in compliance of a school requirement and not intended to provide legal opinion as the author is not a lawyer.
No comments:
Post a Comment