CASE 2016-0005: RAPPLER, INC. VS. ANDRES D. BAUTISTA (G.R. NO. 222702, 5 APRIL 2016, CARPIO J.) (SUBJECT/S: FREEDOM OF THE PRESS; LIMITATIONS ON COPYRIGHTS) (BRIEF TITLE: RAPPLER INC. VS. BAUTISTA)

 

DISPOSITIVE:

 

“WHEREFORE, we PARTIALLY GRANT the petition. Respondent Andres D. Bautista, as Chairman of the COMELEC, is directed to implement Part VI (C), paragraph 19 of the MOA, which allows the debates to be shown or live streamed unaltered on petitioner’s and other websites subject to the copyright condition that the source is clearly indicated. Due to the time constraint, this Resolution is immediately executory.

 

SO ORDERED.”

 

SUBJECTS/DOCTRINES/DIGEST:

 

WHAT ARE SOME OF THE CRUCIAL PROVISIONS IN THE MOA ENTERED INTO BY COMELEC CHAIRMAN BAUTISTA AND PETITIONER AND OTHER MEDIA ENTITIES?

 

“Under the MOA, the Lead Networks are mandated to promote the debates for maximum audience.

 

The MOA recognizes the public function of the debates and the need for the widest possible dissemination of the debates.

 

The MOA has not reserved or withheld the reproduction of the debates to the public but has in fact expressly allowed the reproduction of the debates “subject to copyright conditions.

 

CAN PETITIONER LIVE STREAM THE DEBATE IN ITS ENTIRETY?

 

YES BY COMPLYING WITH THE COPYRIGHT CONDITIONS INCLUDING THE FOLLOWING CONDITIONS:

 

THE SOURCE IS CLEARLY INDICATED.

 

THERE WILL BE NO ALTERATION, WHICH MEANS THAT THE STREAMING WILL INCLUDE THE PROPRIETARY GRAPHICS USED BY THE LEAD NETWORKS.

 

IF PETITIONER OPTS FOR A CLEAN FEED WITHOUT THE PROPRIETARY GRAPHICS USED BY THE LEAD NETWORKS, IN ORDER FOR PETITIONER TO LAYER ITS OWN PROPRIETARY GRAPHICS AND TEXT ON THE SAME, THEN PETITIONER WILL HAVE TO NEGOTIATE SEPARATELY WITH THE LEAD NETWORKS.

 

SIMILARLY, IF PETITIONER WANTS TO ALTER THE DEBATE AUDIO BY DELETING THE ADVERTISEMENTS, PETITIONER WILL ALSO HAVE TO NEGOTIATE WITH THE LEAD NETWORKS.

 

WHAT IS THE PROVISION OF THE INTELLECTUAL PROPERTY CODE PERTINENT  TO THIS CASE?

 

SEC. 184. Limitations on Copyright. – 184. l Notwithstanding the provisions of Chapter V, the following acts shall not constitute infringement of copyright:

 

xx xx

 

(c) The reproduction or communication to the public by mass media of articles on current political, social, economic, scientific or religious topic, lectures, addresses and other works of the same nature, which are delivered in public if such use is for information purposes and has not been expressly reserved; Provided, That the source is clearly indicated; (Sec. 11, P.D. No. 49) (Boldfacing and underscoring supplied)

 

UNDER THE ABOVE PROVISION WHAT ARE THE COPYRIGHT CONDITIONS FOR THE DEBATES?

 

“…….(1) the reproduction or communication to the public by mass media of the debates is for information purposes; (2) the debates have not been expressly reserved by the Lead Networks (copyright holders); and (3) the source is clearly indicated.

 

Once the conditions imposed under Section 184.1 (c ) of the IPC are complied with, the information – in this case the live audio of the debates now forms part of the public domain. There is now freedom of the press to report or publicly disseminate the live audio of the debates. In fact, the MOA recognizes the right of other mass media entities, not parties to the MOA, to reproduce the debates subject only to the same copyright conditions. The freedom of the press to report and disseminate the live audio of the debates, subject to compliance with Section 184. l (c ) of the IPC, can no longer be infringed or subject to prior restraint. Such freedom of the press to report and disseminate the live audio of the debates is now protected and guaranteed under Section 4, Article III of the Constitution, which provides that “[N]o law shall be passed abridging the freedom xx x of the press.”

 

WHY SHOULD THE DEBATES BE ALLOWED TO BE SHOWN ON STREAMED IN OTHER WEBSITES?

 

 “The presidential and vice-presidential debates are held primarily for the benefit of the electorate to assist the electorate in making informed choices on election day. Through the conduct of the national debates among presidential and vice-presidential candidates, the electorate will have the “opportunity to be informed of the candidates’ qualifications and track record, platforms and programs, and their answers to significant issues of national concern.” 10 The poli°tical nature of the national debates and the public’s interest in the wide availability of the information for the voters’ education certainly justify allowing the debates to be shown or streamed in other websites for wider dissemination, in accordance with the MOA.”

 

Therefore, the debates should be allowed to be live streamed on other websites, including petitioner’s, as expressly mandated in Part VI (C), paragraph 19 of the MOA. The respondent, as representative of the COMELEC which provides over-all supervision under the MOA, including the power to “resolve issues that may arise among the parties involved in the organization of the debates,”11 should be directed by this Court to implement Part VI (C), paragraph 19 of the MOA, which allows the debates to be shown or live streamed unaltered on petitioner’s and other websites subject to the copyright condition that the source is clearly indicated.”

 

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SCD-2016-0005-RAPPLER VS BAUTISTA

 

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