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Captive Audience Doctrine

The captive audience doctrine holds that when a listener cannot practically avoid unwanted speech, the speech may be restricted to protect the listener's right not to be exposed. Regulations based on this doctrine have been upheld only for speech that intrudes on the privacy of the home or in situations where it is impossible or impractical for the unwilling audience to avoid exposure. Any regulation must avoid selectively censoring some speech over others.

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234 views

Captive Audience Doctrine

The captive audience doctrine holds that when a listener cannot practically avoid unwanted speech, the speech may be restricted to protect the listener's right not to be exposed. Regulations based on this doctrine have been upheld only for speech that intrudes on the privacy of the home or in situations where it is impossible or impractical for the unwilling audience to avoid exposure. Any regulation must avoid selectively censoring some speech over others.

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RLO1
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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(1-United Transport Koalisyon v. COMELEC, G.R. No. 206020, April 14, 2015).

Political Law - Freedom of Expression

What is the CAPTIVE-AUDIENCE DOCTRINE?


Answer: When a listener cannot, as a practical matter, escape from intrusive
speech, the speech can be restricted. It recognizes that a listener has a right not
to be exposed to an unwanted message in circumstances in which the
communication cannot be avoided. A regulation based on the captive-
audience doctrine is in the guise of censorship, which undertakes selectively to
shield the public from some kinds of speech on the ground that they are more
offensive than others. Such selective restrictions have been upheld only when
the speaker intrudes on the privacy of the home or the degree of captivity
makes it either impossible or impractical for the unwilling viewer or auditor to
avoid exposure. Thus, a government regulation based on the captive-audience
doctrine may not be justified if the supposed “captive audience” may avoid
exposure to the otherwise intrusive speech

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