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Censorship is enforced by killing radio broadcasters and hard-hitting journalists in the provinces. Seventy journalists have been killed in the Philippines since democracy was restored in 1986. Ever since President Gloria Macapagal-Arroyo became chief executive seven years ago, 33 journalists have been murdered in the line of duty. Only two cases have resulted in convictions.
Journalists and the public in general are prevented from accessing vital official documents which could pinpoint highly irregular government deals. The citizens' right to information is violated every time the government suppresses official reports which could prove damaging to the reputation of top leaders of the country. Arroyo disallows Cabinet members from testifying in senate investigations if the latter is spearheaded by opposition lawmakers.
Arroyo's allies often castigate the media for failing to report the achievements of the administration. The president herself displays her irritation and famous temper every time a reporter asks an embarrassing question. The president only wants to answer questions about her economic programs. Once, she accused a TV reporter of "abetting terrorism" in the country.
The First Family has sued hundreds of journalists for libel. The First Gentleman asserts he is a private citizen whose privacy rights must be respected by the media. After the First Gentleman underwent major heart surgery last year, he withdrew all his libel cases against journalists.
The president dislikes the media's failure to articulate all of her political and economic agenda. The media resents attempts by the government to suppress and distort the truth.
The brewing conflict between media and government simmered last Nov. 29 when more than 30 rebel soldiers occupied a luxury hotel in the country's financial district. The media covered the event even when police forces were attacking the rebels inside the hotel. After the capture of all mutineers, police began arresting members of media. The arrested journalists were detained in a police camp. The journalists were "processed" to determine if some of them aided the coup plotters.
Media groups lambasted the handcuffing and detention of journalists. They complained that even during the darkest days of martial law, journalists did not suffer the same degrading treatment at the hands of police enforcers. The government claimed it has the right to arrest anybody who is wittingly or unwittingly obstructing the work of police forces.
Arrested journalists said the police did not inform them of their rights, nor did they inform them of the offences for which they were being arrested. They added that officers ordered them to raise their arms in surrender, despite the fact that tear gas fumes which the police had earlier deployed had yet to dissipate.
The Nov. 29 incident was originally about a failed coup attempt by young idealist soldiers. but it later became an issue of a government attack on press freedom.
Government officials continued to threaten journalists even after the Nov. 29 fiasco. Authorities warned media personnel that they would be arrested if they covered the activities of destabilizers, terrorists and communists. Last month, the Secretary of Justice issued an advisory addressed to the Chief Executive Officers of media networks and press organizations, written in all capital letters, which read:
"Please be reminded that your respective companies, networks or organizations may incur criminal liabilities under the law if any one of your field reporters, news gatherers, photographers, cameramen and other media practitioners will disobey lawful orders from duly authorized government officers and personnel during emergencies, which may lead to collateral damage to properties and civilian casualties in case of authorized police or military operations."
Media groups believe the advisory is meant to "intimidate, cow and muzzle the media" which violates the "most sacred of rights of citizens in a democratic society." They also decided that it is already time to fight back by asking the courts to intervene.
More than a hundred journalists and four media organizations filed two separate suits against officials of the Arroyo administration for "gravely abusing their discretion and making statements that tend to threaten, stifle, intimidate or convey warnings to the press that they will incur possible criminal liabilities or face arrest should they refuse to toe the government line in the coverage of news developments."
In the first suit, the petitioners were immediately granted a temporary restraining order against the respondents "to refrain and desist from issuing threats of arrests or from implementing such threats against plaintiffs and/or members of the media."
The petitioners are demanding P10 million (US$245, 600) in damages. If they win the case, the petitioners said the money would go to a trust fund for the defense of journalists facing legal action related to the performance of their jobs.
Media groups have clarified that they do not wish to be above the law. They will follow government orders as long as these rules do not impinge on their constitutional right to know the truth. Journalists insist they have not been obstructing the duties of police forces. They appeal to the government to respect the right of media groups to decide whether or not to cover an event.
It is fitting that media groups quoted American Chief Justice Hughes in the prefatory statement of their petition to the Supreme Court. Here is how Hughes explained the role of media in examining the conduct of public affairs:
"The greater the importance of safeguarding the community from incitements to the overthrow of our institutions by force and violence, the more imperative is the need to preserve inviolate the constitutional rights of free speech, free press and free assembly in order to maintain the opportunity for free political discussion, to the end that government may be responsive to the will of the people and that changes, if desired, may be obtained by peaceful means. Therein lies the security of the Republic, the very foundation of constitutional government."
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(Mong Palatino is a Filipino youth activist, news editor of Yehey!, a Philippine-based web portal and Global Voices correspondent. He can be contacted at mongpalatino@gmail.com and his Web site is www.mongpalatino.motime.com. ©Copyright Mong Palatino)
