Legal basis and what is amended
- Republic Act No. 1477 amends Section 1 of Republic Act No. 53.
- Republic Act No. 1477 updates the rule on when a publisher, editor, columnist, or accredited reporter may be compelled to reveal confidential news sources.
- Republic Act No. 1477 preserves accountability under other laws by stating the protection is “Without prejudice to his liability under the civil and criminal laws.”
Who is protected (confidential source rule)
- Section 1, as amended by Republic Act No. 1477, protects the publisher, editor, columnist, or duly accredited reporter of any newspaper, magazine or periodical of general circulation.
- Protected persons cannot be compelled to reveal the source of any news report or information appearing in the publication.
- The protection applies when the news report or information is related in confidence to the publisher, editor, columnist, or duly accredited reporter.
When disclosure can be compelled
- Section 1, as amended by Republic Act No. 1477, allows compelled disclosure only when a court finds disclosure is demanded by the security of the State.
- Section 1, as amended by Republic Act No. 1477, also allows compelled disclosure when a House or committee of Congress finds that such revelation is demanded by the security of the State.
- The duty to reveal arises only if the finding is made that disclosure is required for the security of the State.
Limits, liability, and standard
- Section 1, as amended by Republic Act No. 1477, makes the confidentiality protection subject to continued civil and criminal liability.
- The confidentiality protection is phrased as a prohibition against being compelled to reveal the source, except under the security of the State finding.
- The determination requires a finding by either a court or a House or committee of Congress that the disclosure is demanded by the security of the State.