Laws of Advertising

the protection of consumers and the promotion of general welfare. ? Advertising is a property in the form of speech that uses mass media to communicate a product / advocacy / idea for th

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 ? Fajardo's land is useless because of the ordinance passed. He cannot use his private property therefor the government is exercising the power of eminent domain and should be given just compensation. ARTICLE III – Freedom of Speech (Sec. 4) Sec 4 – No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people to peacefully assemble and petition the government for redress of grievances. (page 10) ? Speech is an encompassing term that includes every possible form of expression (Verbal and Non Verbal) - Freedom of speech cannot be unfretted. Though it is subject to regulations (usually through police power) - The moment you express through actions, you are responsible. ? Two Types of Speech 1. Protected a. Core Speech ? Non Commercial ? General Rule: it cannot be interfered with ? Underlying motive is to EXPRESS b. Commercial Speech ? General Rule: it can be regulated ? Underlying motive is for PROFIT 2. Unprotected a. Libel - it must be ? Public ? Malicious ? Imputation of (can be real or imaginary) i. Crime ii. Vice iii. Defect ? Any act of i. Omission ii. Condition iii. Status iv. Circumstances ? Causes the following i. Dishonor ii. Discredit iii. Contempt ? Blacken the memory of one who is dead ? THE PERSON SHOULD BE IDENTIFIABLE Anything online is public (even private messages) Only the person who has been caused damaged to can sue.e intent to sell and persuade a target audience ? Advertising is a form of speech this it is PROTECTED (Commercial Speech) ? Advertising has the intent to sell rather than to express thus it is regulated. (Police Power) Advertising may be regulated through POLICE POWER or EMINENT DOMAIN. SEC 11 – Only Filipino citizen or corporations or associations at least seventy per centum (70%) of capital of which is owned by such citizen shall be allowed to engage in advertising industry. (page 2) ? Advertising is less restrictive in terms of ownership. Ownership: 70/30 profit sharing 70% - Filipino 30% - Foreigners To protect their interest, foreigners are allowed ownership over companies created to sell their product (limited ownership) ? Created opportunities to transfer technology from foreign shores to this country where innovation on advertising are introduced. SEC 11 – The participation of foreign investors in the governing body of entities in such industry shall be limited to their proportionate share