Final Comm 120 - Shield Law PDF

The Shield Law of
the Philippines
What is the Shield Law?

A "shield law" is a law designed to
shield journalists from being forced to
reveal the sources of information they
gathered or obtained in confidence.
Shield Law: How it all started

The defunct Manila Post published an editorial on its
June 4, 1946 issue voicing the need to protect working
journalists in the exercise of their profession.
This prompted Senator Vicente Yap Sotto to file Senate
Bill No. 6 during the First Congress of the Republic.

Senator Sotto, patterned the bill from the
privileged communications. Under the rules of
evidence, certain witnesses are disqualified from
testifying when the matter to be testified on were
learned in confidence.
Examples:
husband/wife, attorney, doctor,
priest/minister, public official

Senate Bill No. 6 wished to add the journalist as among
those who were disqualified to testify on matters learned in
confidence from their sources.
In addition, in the original Senate bill No. 6, the only exception
from compelled disclosures is when the court so directed, for the
public interest.
The bill eventually became Republic Act No.

53 in 1946 also known as the Sotto or Shield
Law.
Today the Philippines' Shield Law is embodied
in Republic Act 1477 of 1956, which amended
Section 1 of RA 53.

REPUBLIC ACT NO. 1477
AN ACT AMENDING SECTION ONE OF REPUBLIC
ACT NUMBERED FIFTY-THREE, ENTITLED
"An act to exempt the publisher, editor, columnist or
reporter of any publication from revealing the
source of published news or information obtained in
confidence"
RA 1477, Section 1 reads:

Without prejudice to his liability under the civil and
criminal laws, the publisher, editor, columnist or duly
accredited reporter of any newspaper, magazine or
periodical of general circulation cannot be compelled to
reveal the source of any news-report or information
appearing in said publication which was related in
confidence to such publisher, editor or reporter, unless the
court or a House or committee of Congress finds that such
revelation is demanded by the security (interest) of the
State."
THE ELEMENTS
What does the law protect?
- The shield law protects against COMPELLED
REVELATIONS.
Who are the persons covered by the shield law?
- As the law says, they are the PUBLISHER,
EDITOR, COLUMNIST and DULY ACCREDITED
REPORTER.
THE ELEMENTS
What is the subject which cannot be forcibly revealed?
- The law says that the SOURCE OF A NEWS REPORT
OR INFORMATION THAT HAS BEEN RELATED IN
CONFIDENCE cannot be a subject of compelled revelation.
- The law also specifically requires that the news
report MUST HAVE APPEARED, meaning, it must have
been published.
THE ELEMENTS
What kind of publication does the shield law
protect?
- The law protects NEWSPAPERS, MAGAZINES and
PERIODICALS. Moreover, these publications must be
of GENERAL CIRCULATION.
THE ELEMENTS
We do not have an absolute Shield Law.
- The law says that if the revelation is demanded by
the SECURITY OF THE STATE, then the court, a
House or committee of the Congress can compel such
revelation.
ISSUES OR POSSIBLE amendments

Who are considered as duly credited reporters?
The law should also protect the journalists from
radio, TV, and the internet.
The information need not be published, meaning we

should also protect the journalists notes, outtakes,
photos, etc. that were also obtained in confidence.
ISSUES OR POSSIBLE amendments

Clarify the term national security.
Extracting information from journalists should
always be the last resort.
In 2013, Rep. Raul del Mar (1st District, Cebu City)

authored House Bill 362 amending Republic Act 53.
Under Del Mar's proposal, accredited journalists of
any legitimate print, broadcast, Internet, or wire
service organization, station or network cannot be
compelled to reveal the source of any news item, news
report or information which was relayed in confidence
to them.
"Protection extends to the publisher, station

manager and/or manager, bureau chief, editor, news
editor, writer or reporter, correspondents, opinion
columnists
or
commentators,
cartoonists,
photographers, or any practitioner involved in
the gathering, writing, editing of and
commenting on the news."
Senate Bill No. 95

by Sen. Vicente Tito Sotto III:
To conform with the changes of the times and further
protect the freedom of the press, it is proposed that the said
law be amended to expressly include the responsible
personnel from radio, television, cable and internetbased media from the exemption contemplated by the
law.
THE SUBPOENA
Subpoenas are orders issued by courts to
compel persons to appear before them and
provide testimony or documents that can aid
in the investigation or the resolution of a
particular case.
THE SUBPOENA
Because they are court orders, failure to comply with them
may carry penalties.
The court or judge may issue a warrant to arrest the
witness and bring him before the court.
Paying for the costs of such warrant and seizure of
witness (if the court shall determine that the failure to
answer the subpoena was willful, and without just excuse).
Imprison the witness for contempt.
Is it possible for a journalist

to resist a subpoena?
- YES.
Resisting a SUBPOENA
The procedure is to file a motion to
"quash" the subpoena.
Rules of Court Civil Procedure

Rule 21, Section 4
Quashing a subpoena. The court may quash a
subpoena duces tecum upon motion promptly made and, in
any event, at or before the time specified therein if it is
unreasonable and oppressive, or the relevancy of the books,
documents or things does not appear, or if the person in whose
behalf the subpoena is issued fails to advance the reasonable
cost of the production thereof.
Source: http://www.lawphil.net/courts/rules/rc_1-71_civil.html#r21
CASE IN Point:
CAVITE REP. ELPIDIO BARZAGA JR.
versus
CHRISTINE HERRERA
The story behind the Case

Christine Herrera in her report for the
Standard last June 1, 2015, claimed that Chinese
fugitive Wang Bo gave P100 million to Bureau of
Immigration officials to stop his deportation to
China.

She also wrote in her stories that Wang Bo
released $10 million or P 440 million to bribe
292 lawmakers into passing the Bangsamoro
Basic Law (BBL), and that some of her sources
were congressmen who actually accepted
barya-barya (loose change).

Herrera said her sources include highranking House officials, high-ranking
immigration officials and some representatives
who either admitted or denied that they received
payoffs for the BBL passage.
What happened?
June 9, 2015-- Christine Herrera along
with two other reporters from The Standard, Rey
Requejo and Maricel Cruz attended the House
probe on the alleged bribery from Chinese crime
lord Wang Bo.

This is a very serious accusation affecting the very
institution. I would move that Mrs. Herrera be cited
in contempt until she provides the information of
congressman and high officials!
- Barzaga, June 2015
What happened?
During the hearing last June 2015, Herrera stood
by her silence and said she should protect the identity of
her sources. She also invoked Republic Act No. 1477, also
known as the Shield Law, which states that media
practitioners cannot be compelled to reveal the source of
any news report except for matters concerning national
security.
What happened?
July 2015 A much calmer, Cavite
Representative Elpidio Barzaga Jr. appeared in
court and withdrew his motion to cite Christine
Herrera in contempt after the reporter delivered a
statement that stressed the protection given to
her by the law to stop anyone from forcing her to
reveal her sources.

To take away the last vestiges of this protection will result
in chilling effect of the freedom of the press sanctioned by
the Constitution. To reveal the identities of my sources
against their wishes is tantamount to betrayal of
confidence by my valued informants. As journalist I
cannot overemphasize our reliance on this protection on
hard-hitting and controversial news reports.
- Herrera, 2015
Importance of the shield law

Maintains the free flow of information.
Protects the safety of our journalists and their informants.
Without it certain exposs like agricultural scams, corruption
issues, etc. would not have been known by the public.
Protects the freedom of the press.
Thank You!
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The Shield Law of

What is the Shield Law?

Shield Law: How it all started

Shield Law: How it all started

Shield Law: How it all started

The bill eventually became Republic Act No.

RA 1477, Section 1 reads:

ISSUES OR POSSIBLE amendments

The information need not be published, meaning we

ISSUES OR POSSIBLE amendments

In 2013, Rep. Raul del Mar (1st District, Cebu City)

"Protection extends to the publisher, station

Senate Bill No. 95

Is it possible for a journalist

Rules of Court Civil Procedure

The story behind the Case

The story behind the Case

The story behind the Case

Importance of the shield law

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This means that you can:

Resize them without losing

Change line color, width and

Now you can use any emoji as an icon!

and many more...

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