EDITOR’SNOTE

PUBLISHED BY THE CENTER FOR MEDIAFREEDOM & RESPONSIBILITY

Melinda Quintos de JesusPublisher

Luis V. TeodoroEditor

Hector Bryant L. MacaleAssistant Editor

JB SantosMelanie Y. Pinlac

Kathryn Roja G. RaymundoEdsel Van DT. Dura

Reporters

Arnel RivalArt Director

Lito OcampoPhotographer

Carol M. ParageleEditorial Secretary

Jose AbuevaJoaquin Bernas, SJ

Melinda Quintos de JesusFulgencio Factoran

Maribel OngpinTina Monzon Palma

Paulynn Paredes SicamLuis V. Teodoro

Vergel O. SantosBoard of Advisers

The PJR Reports(Philippine Journalism Review Reports)

is published by the Center for MediaFreedom and Responsibility. All mail

should be addressed to:

PJR ReportsCenter for Media Freedom

and Responsibility2/F Ateneo Professional Schools,

130 H.V. dela Costa St.,Salcedo Village,Makati City 1227

Phones:(632) 840-0889/(632) 840-0903(632) 894-1314/(632) 894-1326

E-mail: pjr@cmfr-phil.orgWebsite: http://www.cmfr-phil.org

PJR Reports welcomes feedback andcontributions on press and media

issues.

PJR PJR PJR PJR PJR REPORTSOCTOBER 20082

PRESSED FREEDOM By Manix Abrera

Preparing for 2010ACOMMON complaint among many Filipinos is

not only that there’s too much politics in these isles;there’s also too much of it too soon. The 2010 elec-

tions are more than a year away, for example. But the would-be candidates, especially for the Presidency, are alreadypreparing for them, presumably by amassing the hugeamounts needed to wage—in the less than happy phrasingof the Commission on Elections—“a credible campaign.”Capturing, consolidating, and enhancing the complex po-litical machinery that can make the difference between vic-tory and defeat as well as getting one’s name into the public’sconsciousness have also begun—a twin but related pro-cess that, among other consequences, will inevitably taintevery act, episode, and aspect of governance from now un-til May 10, 2010.

The media are especially crucial in the latter process.The Philippine media are a major arena of political struggle,despite their many limitations. Philippine broadsheets mayhave limited reach and the daily issuances of broadcastnews ephemeral. But there is nevertheless a sense that theyinfluence decision-making on matters of public interest, nomatter if the extent of this influence is difficult to establishwith any degree of scientific accuracy. Perception is all,however, and as early as this year the personalities eyeing2010 are doing all they can to land in the media.

The surest way to do so is through involvement in somescandal or the other, and it doesn’t matter whether one isthe accuser or accused. As classical communication theoryhas established, being in the news is what matters in termsof name recall. Thus the effort to get into the media, whichin far too many cases amounts to the media’s being ma-nipulated by the usual media handlers who today havebecome regular features of the staffs of every candidate fornational office.

And yet the media can transcend this role that the poli-

ticians would assign to them. They can make electoralchoices more meaningful by providing the public the infor-mation it needs for decision-making in 2010. Specifically,the media need to provide the electorate a sense of what thecandidates stand for, because rather than in the politicalparties, it is among the individual politicians where thedifferences in approaches to governance have been evident,though admittedly rarely. Rather than the exception, theprograms and platforms some candidates have presentedmust be the rule.

As early as it may seem, the media need to prepare nowfor meaningful coverage in 2010.

There is no lack of civil society groups that can arm themedia with the understanding of the issues that the candi-dates need to address, as well as to educate the electorate inmaking informed choices by, among other efforts, provid-ing it information on what each candidate has stood for inthe past, and stands for today. Additionally, the media canbe proactively informative by themselves identifying the is-sues that need to be addressed, and by providing an analy-sis of the state of Philippine society, a critique of the policiesof the Arroyo government, and an assessment of eachcandidate’s program.

The complaint that it is too early to discuss politics missesthe point. Politics in the sense of how power is used and forwhat purpose is a constant in governance, whether elec-tions are being held or not. The media in fact need to sharpentheir understanding of the nature of political power in thiscountry and the uses to which it has been put for them tosucceed, with civil society help, in pushing the politiciansinto developing the programs and platforms that can pullthe country out of the rut it’s in.

Luis V. Teodoro

Editor’s Note 2Speaking of Media 3Monitor 4Crisis 14Chronicle 15Obit 15

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5

IN THISISSUEPJR REPORTS OCTOBER 2008

SPEAKING OFMEDIA

THECOVER

REGULAR SECTIONS

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PJR PJR PJR PJR PJR REPORTS OCTOBER 2008 3

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Killing Them SoftlyMELANIE Y. PINLAC ......................................................................................................... 10

DANILO ARAÑA ARAO

Two recent courtdecisions are likely tohave a negative impacton the right to know.

Cover photos by LITO OCAMPO

Low Pay, Long Hours

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Fourth Citizens Press Council Takes OffKATHRYN ROJA G. RAYMUNDO 6

Needed: Journalistic Blogging

KATHRYN ROJA G. RAYMUNDO 10Civil Society Initiatives for 2010 Begin

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Against the Right to KnowJB SANTOS WITH REPORTS FROM EDSEL VAN DT. DURA 8...................................................

of the opportunity to post bail and to lethim stew overnight in jail.

“Once is happenstance, but twice isno longer coincidence. Some people, notnecessarily the complainants, are clearlysending a message. But if they believeMacasaet or this newspaper can be cowedby this arrogant display of power, theyhave another thing coming.

“We call it as we see it. And libelcharges, especially of the harassmentkind, be damned.”

Malaya, on the Sept. 4 arrest of publisherAmado Macasaet over two libel cases, Sept. 6.

Macasaet has posted bail for both.

Reporting on the Olympic delegates

“WHILE I respect the freedom of speechthat we practice, I would ask that we alsoconsider the implications of the pointedpen when an article demeans the effortsof our Olympians. Each and every one ofthe 15 Olympian went there with the no-tion of doing his best. All of them investedyears of training to achieve their dreamof being an Olympian. Perhaps some ofthem had dreams of even being a medal-ist. And perhaps some of them who arestill young enough still have that dream.But let’s not spoil that dream and, per-haps, be more constructive with thepower of the pen and ask the questions asto what can be done better toward ourquest for future medals…and keep thatdream realistic…but keep that dreamalive.”

Wilfred Steven Uytengsu Jr., chairman of thePhilippine Basketball Association(PBA) and

owner of the Alaska Team, BusinessMirror, Sept. 9

The key issue

“I FOUND the police explanation that thejournalists covering the event were in acrime scene and, therefore, needed to be‘processed’ rather ludicrous at first, butalso very unsettling later. For it couldopen the floodgates to outright interfer-ence by authorities in legitimate newscoverage. Press freedom is the key issuehere. The police action during the Penin-sula siege is an outright assault on pressfreedom that should not be counte-nanced.”Columnist Ernesto Hilario, on the Commission

on Human Rights of the Philippines (CHRP)finding on the Nov. 29 arrest of journalists at

the Peninsula Manila, Sept. 4, BusinessMirror.In a 20-page resolution dated Aug. 26, the

CHRP found that the police committed humanrights violations when they arrested and

detained media practitioners covering the pressconference of Sen. Antonio Trillanes IV and

Army Brig. Gen. Danilo Lim.

The Prez on the press

“TASK FORCE 211 and our various lawenforcement agencies need the supportand cooperation of all stakeholders if weare to end these killings once and for all....We will stop at nothing to protect thelives of our nation’s media men andwomen.”

President Gloria Macapagal Arroyo, in herspeech during the 100th anniversary of the

Philippines Free Press Publishing,http://www.macapagal.com, Aug. 27

Legal harrasment

“JAKE MACASAET is probably one ofthe few publishers of dailies with a na-tional circulation in opposing a proposalto decriminalize libel. He says going tocourt is the proper recourse of a personwho feels he has been maligned by apublication. He says it is the only way acitizen can protect himself from an abu-sive press. He says fair’s fair—if we inthe press can dish it out, then we shouldbe able to take it.

“Macasaet and some staffers of thispaper were among the two score or sojournalists serially haled to court byMike Arroyo last year. When Mike of-fered to drop the cases in what the Palacesaid was an act of charity and forgive-ness after a life-threatening illness,Macasaet instructed Malaya lawyers toagree to Arroyo’s offer insofar at it cov-ered the staff. For himself, Macasaet toldthe lawyers to oppose Arroyo’s motionto drop and to ask the court to proceed totrial.

“He said it was not for Arroyo to de-clare him guilty or innocent. He said sucha determination can only be made by thecourts.

“So who’s afraid of libel charges?Definitely not Macasaet.

“When Macasaet was arrested Thurs-day morning over a libel complaint thathad been sleeping the sleep of the deadfor nine years, he was not in the leastalarmed or worried. That’s the way it is,especially when one makes enemies ofpowerful people. He knew there wassomething amiss. His lawyers were notprovided a copy of the prosecutor’s find-ing of probable cause. The arrest war-rant was served two days after it wassigned by the judge.

“He nonetheless submitted himself tothe process. After posting bail around 3p.m., he was told by ‘friendly sources’that another warrant—arising from thesame reports but filed as a separate countof libel with another sala—was about tobe served on him around 4 p.m. the sameday. The idea apparently was to rob him

Challenge to the Media

Commentary

WINIFREDO LIWANAG LUIS 16............................................................................................Planting the Seeds of Ethical Practice

11

The Lozada and Neri Decisions

PJR PJR PJR PJR PJR REPORTSOCTOBER 20084

I JUST got my copy of the latest PJRReports (September 2008 issue). I amin full agreement with your editor’s

note, particularly on your point thatyouth or inexperience does not disqualifyone from commenting on the press.

I was dumbfounded, however, whenthe whole page 4 was devoted to theperceived “parochialism” of the localpress in reporting Pakistani PresidentPervez Musharaff’s resignation.

From where I sit, I see nothing terriblywrong with how the Philippine DailyInquirer and The Philippine Star treated thestory; on the contrary, they did a fine job.In the case of Malaya, no apologies for that“day-old” story. It was a case of an updatenot meeting the early deadline of a singleedition daily.

Take a look at The Washington Post andThe New York Times front pages used toillustrate the monitor’s point. It obviouslywas a pretty slow news day for those twopapers, giving both room to play up theMusharaff story. Had the resignationtaken place as Ike was battering Texas,I’m sure that story would have beenbumped off page 1.

The Moro Islamic Liberation Front(MILF) attacks, I believe, have an impacton Filipino readers in the order of amagnitude bigger than the resignationof Musharaff.

In the case of the Inquirer, the top storywas headlined “41 killed in MILF attacks”;in the case of the Star, “Lanao del Norteburns”. The other stories on page 1 in bothnewspapers were related to the banner—government response, MILF’s disowningof the attacks. The stories at the bottomwere on Benigno “Ninoy” Aquino Jr. andon the ongoing Beijing Olympics (Malayamore or less had the same make-up).

I suppose, the Inquirer and the Stareditors could have yanked out the storiesat the bottom to make space for theMusharaff resignation. But that wouldhave underplayed the story. Thus thedecision, if I may speculate, to place it onthe “ear”, which is the second mostprominent space on the upper fold afterthe banner.

To tie this up to your editor’s note,the point, I suppose, is that the people inthe newsroom do have a betterassessment of the impact and significanceof stories than those who have noexperience in putting out a paper. The bestevidence is the make-up of page 1 on theday we are talking about.

This is not to say the Philippine pressis not guilty of parochialism at times, butthis particular case is not exactly a goodexample.

With my highest regards, Joy Delos Reyes editor in chief Malaya

LETTER TOTHE EDITOR

The predatory regimeCHEERS TO Philippine Daily Inquirercontributor Nathan Gilbert Quim-

po for his analysis of the country’s weakdemocratic state. In his commentary pub-lished Aug. 19, Quimpo argued that apredatory regime—the existence of“grave social disparities and increasinglyopportunistic behavior of the political-economic elite” during the Marcos dicta-torship—has made a comeback. “The Phil-ippines’ current predatory regime, cov-ering both the Estrada and Arroyo gov-ernments, is not as authoritarian as theMarcos regime was, but it clearly hasgrowing authoritarian tendencies or fea-tures,” Quimpo wrote in “The return ofthe predatory regime” (p. A12).

Democracy reviewedCHEERS TO the Philippine Free Pressfor providing an analysis of the

present state of Philippine democracy. Inits centennial issue (Aug. 30), the Free Pressexamined how democracy has deterio-rated since the downfall of the Marcosdictatorship in 1986 (“Democracy AfterMarcos”, p.50, 52, 54, and 56).

Recalling Aug. 21, 1983CHEERS TO the Philippine Daily In-quirer for bringing readers back to

what happened on Aug. 21, 1983. FeZamora’s seven-part special (Aug. 21-27)on the assassination of then oppositionleader Benigno Aquino Jr. discussed de-tails and personalities allegedly involvedin the plot, and reminded readers of thismajor political incident that helped oustFerdinand Marcos from power threeyears later.

MOA primerCHEERS TO The Moro Times for aprimer on the controversial memo-

randum of agreement on ancestral do-main (MOA-AD). Its Aug. 29 issue carrieda primer by peace advocate SolimanSantos Jr. on the MOA-AD between thegovernment of the Republic of the Phil-ippines and the Moro Islamic LiberationFront (p. D4). Santos explained some ofthe MOA-AD’s most contentious points.

The Moro Times is a monthly supple-ment of The Manila Times.

Fr. Eliseo Mercado, another prominentpeace advocate, earlier published in hisGMANews.TV blog a similar primer basedon a discussion with lawyer CamiloMontesa of the Institute of Autonomy andGovernance.

One-sidedJEERS TO The Philippine Star for one-sided reporting. Its Aug. 31 report

(Estrada says Lozada sought his assistance,”p.9) was entirely based on the tirades offormer President Joseph Estrada againstthe civil society group Black and WhiteMovement (BWM). Quoting Estrada, thereport claimed that national broadbandnetwork controversy whistleblowerRodolfo Noel “Jun” Lozada Jr. had met himand asked for help. Estrada said Lozada’sties with BWM had turned sour. The Stardid not corroborate the information witheither Lozada or BWM.

“Manipulated by the rapacious elite,the predatory regime has, in fact, devel-oped institutions of its own or warpeddemocratic institutions into predatoryones,” wrote Quimpo, who serves as anassociate professor in political science atthe University of Tsukuba in Japan and isthe author of Contested Democracy: The Leftin the Philippines after Marcos. These preda-tory institutions, he wrote, include thepatrimonialistic political parties of theelite, the transformation of clientelist in-stitutions of “padrino” and “kumpare-kumare” into outright predatory institu-tions of godfather-boss and crony net-works. Other institutions include the porkbarrel, government deal commissions,and various election cheating forms suchas vote-buying and falsification of elec-tion returns.

Quimpo also discussed the bleak futureof the country’s democracy in the next fewyears. “It may take at least half a decade forforces of change to turn the tide indemocracy’s favor,” he wrote. “The chal-lenge ahead of them is not only tostrengthen ‘weak’ democratic institutions.Since many of the country’s democraticinstitutions have already been warped orsubverted, the challenge is perhaps muchmore to dismantle predatory and clientelistinstitutions and build democratic ones, orto transform the former into the latter.”

Beyond spot reportsCHEERS TO the Manila Bulletin foran informative report on motorcycle

accidents.An Aug. 13 report (“Father, son killed;

mom, another son injured in Pasig mo-torcycle accident”, p. 2) on a road accidentprovided context through statistics.

The article, which was pegged on fourincidents of motorcycle accidents, citedMetropolitan Manila Development Au-thority statistics that showed an increaseon the overall number of motorcycle-re-lated incidents in the first quarter of 2008compared with the same period in 2007.The report also provided related statisti-cal information.

The report is an example of a policestory that went beyond providing spotdata by also providing the larger context.

Source and contextJEERS TO The Daily Tribune for a sen-sationalized headline. Last Aug. 21,

the Tribune’s main story was headlined:“Enrile to GMA: Suspend all contacts withMILF: ‘No option save for an all-out warvs Islamic dictators’”. The quote used inthe headline apparently came from ad-ministration Sen. Juan Ponce Enrile. Butthe report did not carry such a quote orstatement. Given its gravity, the papershould have clearly indicated the sourceof the statement and the context in whichit was made. n

MarcosHTTP://WWW.MARCOSPRESIDENTIALCENTER.COM

BWM’s Vicente Romano III LITO OCAMPO

LITO OCAMPO

An effigy of Arroyo LITO OCAMPO

PJR PJR PJR PJR PJR REPORTS OCTOBER 2008 5

JEERSCHEERS

Focus on swineCHEERS TO VERA Files for expos-ing the anomalies in the Quedan and

Rural Credit Guarantee Corp. (Que-dancor) Swine Program (QSP). Supportedby documents and interviews, the three-part report was able to comprehensivelyexplain how the swine program failed toserve as “the poor man’s financing insti-tution” and instead benefited severalQuedancor and government officials.

VERA Files revealed that the failedlending scheme program is connectedwith the P728-million fertilizer contro-versy, with the involvement of formeragriculture secretary Luis Lorenzo andagriculture undersecretary for finance andadministration Jocelyn “Joc-Joc” Bolante(“Quedancor swine program another fer-tilizer scam,” Sept. 1, http://www.verafiles.org/index.php/focus/114-quedancor-swine-program-another-fer-tilizer-scam). The report also revealed thatmore than P3 billion have been lost in theprogram. VERA Files also had a reporton the effect of the QSP on its “beneficia-ries” (“Ruined Lives,” Sept. 4, http://www.verafiles.org/index.php/focus/121-ruined-lives).

The second and third parts of the se-ries discussed how Quedancor employ-ees and politicians stole from Quedancorand the QSP (“Politicians dip hands intoQuedancor funds,” Sept. 2, http://www.verafiles.org/index.php/focus/1 1 5 - p o l i t i c i a n s - d i p - h a n d s - i n t o -quedancor-funds and “More flaws in P5Bloan to Quedancor bared,” Sept. 3, http://www.verafiles.org/index.php/focus/1 1 6 - p o l i t i c i a n s - d i p - h a n d s - i n t o -quedancor-funds).

Crunching the numbersCHEERS TO the Philippine Centerfor Investigative Journalism (PCIJ)

for its number-crunching analysis of thecountry’s domestic and foreign debts. ItsAug. 13 story showed that PresidentGloria Macapagal Arroyo has borroweda record P3.54 trillion from 2001 to 2007,“making her the single biggest borroweramong the post-Edsa presidents.” The fig-ure, according to PCIJ, is “more than twicethe combined total borrowings of thethree presidents before her.” PCIJ alsoanalyzed the debt-service payments aswell as highly controversial deals underthe current administration. (“Till debt do

us part?: Gloria’s inglorious record: Big-gest debtor, least popular”, http://pc i j .o rg/i - repor t/2008/nat iona l -debt.html)

Corruption in courtCHEERS TO abs-cbnNews.com/Newsbreak for discussing corruption

at the Court of Appeals (CA).In a three-part special published Sept.

9 to 11, the abs-cbnNews.com/Newsbreak re-ported that corruption in the judiciary isnow common practice. It interviewed fourretired CA justices, two active CA justices,and two retired Supreme Court justices,among others, to support that conclusion.

The special also discussed related is-sues such as the selection of candidatesfor judicial positions and issues regard-ing the June 2004 Code of Judicial Con-duct.

The three-part report was posted fol-lowing the Sept. 9 Supreme Court deci-sion to dismiss a CA justice and to sus-pend four others.

Special guidelinesCHEERS TO MindaNews for examin-ing the special guidelines for mili-

tary operations during the holy month ofRamadan. MindaNews noted last Sept. 10the six-point guideline for the pursuit ofthe “Lawless MILF (Moro Islamic Libera-tion Fronts) Group” issued by the ArmedForces of the Philippines (AFP) in obser-vance of Ramadan (“War in a time ofRamadhan and whatever happened to the2000 Code of Conduct?”, http://www.mindanews.com/index.php?option=com_content&task=view&id=5140&Itemid=190). The report also lookedat what happened to the Code of Con-duct issued by former Defense SecretaryOrlando Mercado at the height of the“all-out war” against the MILF in 2000. n

Bad BagsJEERS TO The Evening News for atrivial report about designer

bags, the point of which even its re-porter could not tell. Its feature“Dokumentado: Gud Tayms (Docu-mented: Good Times) - i Ê bags” ranfor four minutes and was all about de-signer bags: their price range and main-

Remembering Ninoy

tenance, as well as how to tell the realthing from the fake (Aug. 21). In an at-tempt to give credit to the people whocollect these bags, the reporter said con-descendingly, “Sabi ng ilang historiansna wala naman talagang alam maliban sahistory ng bag (Some historians, whoknow nothing except the history ofbags, said…).” But the reporter endedup acknowledging that the story shewas reporting was all about nothing.“Ano nga ba ang punto ng istoryang ito?Wala lang (What is the point of thisstory? Nothing).” Then she continuedsaying, “Sa tanong kung baka naman hinditalaga naghihirap ang Pilipinas? Sa harapng mga nakita kong bags, ang masasabi kolang, malamang (To the question, maybethe Philippines is not really in a stateof poverty? With all these bags, all Ican say is, probably).”

of one man helped restore democracy inthe Philippines.

decision on the misconduct of some appel-late court justices involved in the ManilaElectric Company-Government Service In-surance System case. Last Sept. 10, Saksi re-called the dismissal of two Court of Ap-peals associate justices prior to that of As-sociate Justice Vicente Roxas. It highlightedthe cases of Associate Justices DemetrioDemetria and Elvi John Asuncion, whowere previously dismissed from service forvarious violations. The program added that130 judges have been dismissed since 1986.

TV Patrol World also provided back-ground information on Asuncion andDemetria, but it was shorter comparedwith the Saksi report.

Tracing trendsCHEERS TO GMA-7 for continu-ously providing helpful info-

graphics that trace oil price trends in the

world market amid various calls for aprice rollback.

For example, Saksi focused last Aug.13 on the price of Dubai crude since May2008. Using several charts, it showed thatdespite the stability in the price of crudeoil in May and August (after a price spikelast June), the price of gasoline in the Phil-ippines is still P9 higher and diesoline P15higher as of Aug. 13.

Irrelevant newsJEERS TO 24 Oras for airing irrel-evant foreign news. Last Sept. 8, it

reported that a family of bobcats is nowliving at the backyard of an abandonedhouse in California, USA. The report how-ever did not explain the report’s signifi-cance to its Filipino viewers. The reportshould have explained that the abandonedhouse reflects the current economic slumpin the United States, and its implicationsto the local economy.

Reporting on healthCHEERS TO 24 Oras for provid-ing an informative report on epi-

lepsy. Last Sept. 3, it aired a substan-tive report explaining epilepsy, pos-sible treatments, and tips on how torespond when someone experiences anepileptic attack. n

CHEERS TO ABS-CBN 2 for airinga special on the assassination of

Benigno “Ninoy” Aquino Jr. on Aug. 23,1983. Produced by the Foundation forWorldwide People Power, Beyond Con-spiracy: 25 years after the Aquino Assassina-tion reminded viewers how the murder

JEER OF THE MONTH

HTTP://WWW.HANDBAGSONLINE.COM

Court of Appeals LITO OCAMPO

Arroyo LITO OCAMPO

Checking the justicesCHEERS TO Saksi for reviewing pastcases involving Court of Appeals as-

sociate justices in light of the High Court

PJR PJR PJR PJR PJR REPORTSOCTOBER 20086

FOURTHCITIZENSPRESSCOUNCIL

MOST JOURNALISTS are well aware ofthe problems that besiege the presscommunity. In almost every press gath-ering, journalists are the first to ac-knowledge the vulnerability of the

news media to various pressures and corruption.

n By Kathryn Roja G. Raymundo

The participants in the re-cently concluded Center for Me-dia Freedom and Responsi-bility’s (CMFR) ethics and publicjournalism seminar-workshopheld from Aug. 29 to Sept. 1 inClark, Pampanga were no excep-tion. They were generally inagreement that economic, politi-

cal, and/or editorial pressures, aswell as the inadequacy or evenabsence of professional and ethi-cal training, have adversely af-fected the practice of journalismin the Philippines.

Central Luzon journalistshave to juggle two or more jobsjust to make ends meet, said the

participants. Salaries are eithertoo low, delayed, or both, if theyget any at all. It is worse in somecases, when journalists get noneand are instead expected to so-licit ads for which they get com-missions.

And yet the region is home tomany media outlets, although toomany are “volume one, only

one” (i.e., they publish for only abrief period to sway public opin-ion toward certain business orpolitical interests).

Contractualization is thenorm as far as working condi-tions are concerned. Journalistssometimes serve as sales or ac-count executives to guaranteeprofits for the news organization.

Even without these complica-tions, the journalist’s responsibil-ity to provide information is al-ready difficult enough. Despitethe guarantee of press freedomunder Art. III, Sec. 4 of the 1987Philippine Constitution, the me-dia are often bound to the inter-ests of powerful sectors in soci-ety rather than the public’s. Many

Teodoro of CMFR

The participants in CMFR’s three-day seminar on ethics and public journalism agreed to establish a citizens press council in Central Luzon. Photos by MELANIE Y. PINLAC

TAKES OFF

PJR PJR PJR PJR PJR REPORTS OCTOBER 2008 7

citizens are left clueless about theissues that affect their lives be-cause of the media’s failure toprovide them the informationthey need.

The good news is that the par-ticipants in the seminar agreedto address these issues. At theculmination of the three-dayseminar, these journalists agreedto establish a citizens press coun-cil (CPC) in Central Luzon.

A venue for grievancesA CPC is a self-regulatory

mechanism primarily meant toaccept public complaints and tocorrect the media’s professionaland ethical lapses.

CMFR deputy director Luis V.Teodoro pointed out that presscouncils, of which the CPCs es-tablished and being planned byCMFR are a variation, are“mechanisms through which thepublic can seek redress for me-dia abuse.” Such councils can alsocorrect and/or prevent furtherabuses. Teodoro said the mecha-nism helps strengthen press free-dom in that not only does thepress become more conscious ofits ethical and professional re-sponsibilities once such councilsare in place, these councils alsoprovide the public an alternativeto going to the courts to resolveissues against the media.

The CPCs CMFR helped es-tablish or whose organizationCMFR is in the process of assist-ing, said Teodoro, address aweakness in the press council ex-perience in the Philippines. In-stead of representing only mediaorganizations, they include civilsociety representatives as well asacademics, who, in fact, constitutethe majority in the already estab-lished Baguio, Palawan, andCebu CPCs.

The CPC also empowers thepublic by making it an activeparticipant in the process of mak-ing sure the media adhere to itsown standards. CMFR executivedirector Melinda Quintos DeJesus explained the press has afunction in the larger society andthat the principles that govern itsconduct must be understood bythe public.

“The news media are the con-necting mechanism for all thesectors of society to feel that theybelong to a community and canconverse with one another,” saidDe Jesus.

Self-regulation neededBoth Teodoro and De Jesus

noted the imperative of regulat-ing the press, but emphasizedthat only self-regulation (of thepress by the press) is acceptablein a press freedom regime be-cause external regulation,

whether by private companies orby government, will adverselyaffect the fundamental news me-dia value of autonomy.

Other forms of self-regulationare through readers’ advocates,who are also known as the pressombudsman, and press monitor-ing publications like PJR Reports.The main function of these formsof self-regulation is to “watch thewatchdog”.

Instead of provincial presscouncils, the Central Luzon jour-nalists signed a manifesto agree-ing to the formation of a regionalpress council (RPC) which will becomposed of provincial satellites.

The Central Luzon RPC willbe composed of journalists, aca-demics, and members of civil so-ciety. In the Philippine context,experience has shown that presscouncils are best composed of thismix so that complaints againstthe press can receive a fair hear-ing, as well as to assure the pub-

lic that the council would not bean ”old boys’ club” in which me-dia practitioners will be protect-ing each other. This kind of mem-bership would prove the open-ness of the press council to ordi-nary citizens who feel aggrievedby the media but who fear mediastonewalling or reprisal. Thecouncil would also serve as a ve-

hicle through which the commu-nity could deepen its understand-ing of the news media as impor-tant factors in society.

The Central Luzon RPC willbe the fourth citizens press coun-cil to have been successfully es-tablished. In 2001, CMFR beganmeeting with different press com-munities in Cebu, Baguio, andPalawan to help them organizepress councils that will receivecomplaints against the press fromthe residents of those areas.

The first of the three CPCswas the Cebu Citizens PressCouncil (CCPC), which waslaunched on May 5, 2002. In thesame year, the Baguio CitizensPress Council and the PalawanCommunity Media Councilwere established on May 30 andJune 8, respectively. Of the threepress councils, CCPC has beenthe most active and most success-ful. It now takes a proactive rolein institutionalizing reforms inthe conduct of the press.

Central Luzon-wide activitiesBefore the proposed RPC as-

sembly in October, the plannedactivities in the Central Luzonprovinces include the formationof provincial CPCs; consultationswith other journalists and sectorssuch as non-government organi-zations, academia, the church, andthe legal community; and aware-ness campaigns to acquaint thepublic with the RPC and its role.

Several Central Luzon newsorganizations have publishedreports and background materialon the formation of the CentralLuzon RPC. The reports say thatjournalists and various sectors in

the region have responded posi-tively to the idea of the RPC.Even some politicians are upbeatand expressed their support forits formation, although none ofthem will be part of the RPC.

The Philippine Star andMabuhay’s Dino B. Balabo is theinterim chair of the CentralLuzon RPC. The coordinators andprovincial representatives are thefollowing:

• Aurora – Ariel P. Avendaño(Manila Bulletin, Tempo)

• Bataan – Balabo; Fred A.Villareal (Luzon Banner, Cen-tral Luzon Daily); and TonetteOrejas (Philippine Daily In-quirer)

• Bulacan – Carmela B. Reyes(Philippine Daily Inquirer)

• Nueva Ecija – Grace B.Doctolero (UNTV 37)

• Tarlac – Winifredo L. Luis(dwXT)

• Pampanga – Joey Aguilar(Punto Central Luzon)

• Zambales – Belen Figueras(Tanod)

De Jesus and Teodoro facili-tated the three-day seminar-workshop prior to the meetingin which the participants agreedto the formation of the council.The seminar included sessions onmedia ethics and public journal-ism, as well as a discussion onthe state of the Philippine press.The seminar was made possiblethrough a grant from the UnitedNations (UN) Democracy Fund.The seminar and the establish-ment of the Central Luzon RPCis a component of the UN Devel-opment Programme project onMass media, Democracy and De-velopment of which CMFR, thePhilippine Center for Investiga-tive Journalism, Newsbreak, andthe Center for Community Jour-nalism and Development are theimplementing partners.

Participants in the seminarand signatories to the manifestowere: Aguilar, Peter Alagos (Cen-tral Luzon Business Week), ThonyArcenal (dzME, People’s Tonite),Avendaño, Balabo, Doctolero,Arlan Fajardo (dzTC-TPRC),Figueras, Emil Gamos (People’sJournal, Philippine NewsAgency), Jeffrey M. Gomez(CLTV 36), Eden G. Gutierrez(Central Luzon Daily), Luis, LinoY. Magat (dzTC, Tarlac Press andRadio Club), Mark D. Manabat(Abante), Orejas, Bernie L. Rada(Radyo Natin, CLTV 36), Reyes,Christian C. Reyes (HiTech CableTV), Grace B. Sansano (dzRH),Michael Santos (Sitio, RadyoNatin), Theofel Santos (dwIZ),Glenn Tabelisma (UNTV 37),Homer Teodoro (GMA News),and Villareal. n

.........................................

The council wouldalso serve as avehicle throughwhich thecommunity coulddeepen itsunderstanding ofthe news mediaas importantfactors in society

The three-day seminar also included a discussion on the state of the Philippine press.

PJR PJR PJR PJR PJR REOCTOBER 20088

TWO RECENT high-profile legal decisionsnot only reinforce the Arroyo government’spolicy of concealment and opaqueness.They also have dire implications for pressfreedom and practice.

n By JB Santos with reports from Edsel Van DT. Dura

The Supreme Court deniedlast Sept. 4 the motion for recon-sideration of the Senate asking forthe reversal of the former’s deci-sion upholding former economicplanning secretary Romulo Neri’sinvocation of executive privilegeon three questions asked duringthe Senate hearing on the Na-tional Broadband Network(NBN)-Zhong Xing Telecommu-nications Equipment Corp. (ZTE)controversy.

Eight days later, the Court ofAppeals dismissed NBN-ZTE starwitness Rodolfo Noel “Jun”Lozada Jr.’s petition for a writ ofamparo.

The two decisions are “con-nected,” in that both “make lifedifficult for media to get at thetruth and therefore for the publicto be served its right to know,”BusinessWorld board chair VergelSantos told PJR Reports in an in-terview last Sept. 19.

For Santos, the two decisionsdiminish media’s sources of in-formation. The Supreme Court’sNeri decision emboldens govern-ment officials towards nondisclo-sure, while the Court of Appealsdecision on Lozada discouragespotential whistleblowers fromdisclosing sensitive governmentinformation.

“Sources would become moreintimidated (when it comes toapproaching the media), and bemore selective on what they re-veal, as they could find them-selves in the same situation asLozada, while governmentsources who may have been hav-ing some problems of conscience,or genuinely confused on whetherit is right for them to speak to themedia, would be dissuaded fromdoing so,” said Santos, who alsoserves as a board member of theCenter for Media Freedom andResponsibility (CMFR).

Secrecy versus disclosureAt its core, the Supreme Court

decision is primarily centered onwhether the Senate could forceNeri to answer three questions:

1) whether President GloriaMacapagal Arroyo followedup on the NBN project;

2) whether or not Arroyo di-rected Neri to prioritize theproject; and

3) whether Arroyo directedNeri to approve the project

after being told about the al-leged P200-million bribe of-fered by former Commissionon Elections chairman Ben-jamin Abalos.

When the Senate asked Neri,now president of the Social SecuritySystem, the three questions in a hear-ing on Sept. 26, 2007, Neri clammedup and invoked executive privilege.After refusing to attend subsequenthearings by citing executive privi-lege, Neri was cited in contempt bythe Senate and was ordered arrested,at which point Neri sought relief atthe Supreme Court by asking thatthe Senate order citing him in con-tempt and ordering his arrest benullified.

Voting 9-6 last March 25, the Su-preme Court upheld Neri’s claimthat the three questions are coveredby executive privilege, and nulli-fied the Senate’s arrest order, stat-ing that the latter committed grave

THE LOZADA AND NERI DEC

AGAINST THRIGHT TO KNabuse of discretion in issuing it.

After the Senate filed a motionfor reconsideration last April 8, theSupreme Court just the same sus-tained its earlier ruling, again vot-ing 9-6, in a resolution last Sept. 4.

Justice Teresita Leonardo deCastro, in her majority decisiongranting Neri’s petition, said thatthe presidential communicationsprivilege, one of the types of ex-ecutive privilege invoked by Neri,is “said to be necessary to guaran-tee the candor of presidential advi-sors and to provide ‘the Presidentand those who assist him...withfreedom to explore alternatives inthe process of shaping policies andmaking decisions and to do so in away many would be unwilling toexpress except privately.’”

On the other hand, “customarypartisanship and the absence of gen-erally accepted rules on evidence”in the political branches of govern-ment were cited as reasons by theSupreme Court in denying theSenate’s motion for reconsideration.

Amid the muddle of legal jar-gon, however, the case may be besummed up as a collision betweeninterests favoring secrecy, and in-terests favoring disclosure.

Supreme Court Chief JusticeReynato Puno, in his 88-page dis-senting opinion on the decisiongranting Neri’s petition, describedthe doctrine of executive privilegeas the “tension between disclosureand secrecy in a democracy.”

Compromising press capacityWith the Supreme Court favor-

ing disclosure over secrecy, the ca-pacity of the press togather and dissemi-

nate information may have beenseverely compromised.

“The interests of the press runparallel to the interest of the Sen-ate in calling for disclosure. Sincethe Supreme Court upheld execu-tive privilege, one could alreadysee that the effect also runs adverseto the press,” said lawyer JayDejaresco, legal counsel of provin-cial papers Negros Chronicle andBohol Chronicle.

Amando Doronila, in his April7 Philippine Daily Inquirer column“Neri decision a rollback of Philip-pine democracy,” also condemnedthe decision in light of the deterio-rating political liberties under thepresent administration.

“The ruling reinforced execu-tive power at a time when it needsto be checked, when it shows an

Lozada Neri

Arroyo

Supreme Court

Photos by LITO

OCTOBER 2008 9PORTS

reportedly whisked away by gov-ernment operatives upon his ar-rival at the Ninoy Aquino Interna-tional Airport. Lozada continuedwith the application saying that in-dividuals who may have been up-set over his NBN-ZTE testimonymight do him harm. The Court ofAppeals, however, ruled thatLozada was not able to present suf-ficient evidence to prove that he hadbeen kidnapped. Lozada’s life isalso not under threat at present, theCourt of Appeals stated, claimingthat Lozada was able to attend aninterfaith rally in Makati, as wellas to go on campus tours all overthe country.

“The Supreme Court deliber-ately fixed a lower standard of evi-dence for amparo petitions tomake it easier for the parties to availthemselves of this remedy…. TheSupreme Court made it clear thatthe amparo is not a criminal casethat would have entailed the high-est standard of evidence, namely,‘proof beyond a reasonable doubt.’Instead, the Supreme Court re-quired the aggrieved party to meetonly the test of ‘substantial evi-dence,’ which is several notcheslower than that,” Raul Pangalangan,former dean of the University of

THE SUPREME Court’s affirmationof its March 25 decision in favorof executive privilege undermines

the public interest function of thepress to provide information to acitizenry that has a right to it onmatters of public concern. Even moredangerously it also erodes thedemocratic imperative of transpar-ency in governance.

By expanding the coverage ofexecutive privilege to includecommunications authored orsolicited and received by a presiden-tial adviser, in this case thenNational Economic and DevelopmentAuthority Director General RomuloNeri, the Court has legitimizedgovernment secrecy to an extent yet tobe established by practice.

The Court also affirmed thatexecutive privilege includes informa-tion on presidential decisions as wellas the materials that were discussedprior to those decisions, thusenabling the president and/or his/her advisers to use executive privilegeto conceal information on corruptionand other forms of official wrongdo-ing from the Senate, the press, andthe public.

The impact on the public’s rightto know and on the basic responsibil-ity of the press to provide suchinformation is obvious. But it isequally relevant to the health andfuture of democracy. If no informationcan be obtained because of executiveprivilege, then no information vital tothe exercise of the sovereign right ofthe people in a democracy to decideon policy and other governanceissues can be made available.

Oddly in conflict with theimpending passage of a bill onpublic and press access to govern-ment information, the decision alsostrikes at the heart of the imperativefor transparency in the affairs of agovernment in which corruption hasso metastasized that it now afflicts itfrom top to bottom. Vital in the fightagainst corruption, transparency isthe only weapon available to citizensto assure honesty in governance. Byin effect providing the legal basis forthe de facto reversal of that policy, thecourt has made that fight even moredifficult and problematic.

To meet the challenge posed bythe expansion of executive privilege,journalists will have to exert greaterefforts to get at the truth of govern-ment transactions, policies andactions. As in the dying days of theMarcos regime, the need of the houris for a journalism firmly committedto the truth-telling necessary in ademocracy and vital to a sovereignpeople’s capacity to hold govern-ments accountable. We call on ourcolleagues in the press to transcendthrough practice that’s both vigilantas well as responsible the limits theSupreme Court decision hasimposed on the public’s right toinformation. n

ASSAULT ON THEPUBLIC’S RIGHT

TO KNOW(http://cmfr-phil.blogspot.com/2008/09/cmfr-statement-assault-on-publics-

right.html)

the Philippines College of Law,said in his Sept. 19 Inquirer column.

The change may affect futureamparo petitions by journalists, es-pecially provincial journalists, whoare threatened or attacked, or sub-jected to other forms of intimida-tion in the course of their work.

A similar setback was in fact ex-perienced by a media practitionerlast June 27. The request for a writof amparo by Oriental Mindoro-based journalist Nilo Baculo wasdenied by the Court of Appeals forbeing “unsubstantiated”. Baculo,who requested the issuance of thewrit of amparo after knowing of aplot to kill him, was the first jour-nalist to apply for the writ.

ChallengeAccording to Santos, such set-

backs call for “not only a reorien-tation but reinvention of journal-ism for our environment.”

The difficulties with which jour-nalists have to contend with in ob-taining information, as well the un-certainty of having protectionwhen journalists are threatened,makes it inapplicable to practicetraditional journalism—under-mining the capacity and responsi-bility of the press to monitor gov-ernance and possible abuse ofpower by government officials.

“Journalism as practiced in afree society does not apply here be-cause it’s no longer a free society,”Santos said.

Santos said that one change thatcould be implemented is for jour-nalists to engage in “reasonedspeculation” because “sourcing ofinformation for the media has beenconstricted.” Santos said that sucha change may be difficult as it re-quires higher levels of expertise.

Philippine Press Institute execu-tive director Jose Pavia, however,said that the media, in light ofmounting difficulties, should bemore enterprising in their work.

“One really needs to workharder by going through alterna-tive means of securing informa-tion,” Pavia said.

“Though maybe it does makethe work harder, it does not meanthat we cannot anymore do our job.It’s a challenge.”

As the CMFR statement de-clared: “To meet the challengeposed by the expansion of execu-tive privilege, journalists will haveto exert greater efforts to get at thetruth of government transactions,policies and actions. As in the dy-ing days of the Marcos regime, theneed of the hour is for a journalismfirmly committed to the truth- tell-ing necessary in a democracy andvital to a sovereign people’s capac-ity to hold governments account-able.” (see sidebar) n

CISIONS

ENOW

increasing tendency to invoke statesecurity to clamp down on politicalliberties of opposition and civil so-ciety groups whose calls for regimechange were often tagged as extra-constitutional plots to overthrowthe administration,” Doronila said.

“The consortium (sic) betweenthe executive and the SupremeCourt in cementing the doctrine ofthe primacy of an all-powerful ex-ecutive in a democratic state is a le-thal combination with antidemo-cratic consequences,” Doronilaadded.

The spillover effect of the Su-preme Court’s upholding of execu-tive privilege in the Neri case couldalso affect other investigations. Ac-cording to the March 21 Inquirercolumn of Fr. Joaquin Bernas, S.J. itis “a dangerously crippling deci-

sion” that may also “hamper effec-tive use of the recently promulgatedwrit of amparo and writ of habeasdata.” Like Santos, Bernas alsoserves as a CMFR board member.

Lawyer Nepomuceno Mala-luan, trustee of the Action for Eco-nomic Reforms and co-convenor ofthe Access to Information Network,said that a “recognition of execu-tive privilege of this kind could beinvoked in different circumstances,like if the writ of amparo will re-quire looking into certain docu-ments or facilities.”

Malaluan told PJR Reports lastSept. 16 that “the burden of proofnow shifts to the person asking forinformation, like a journalist, toprove that there is a compellinginterest (for the disclosure of infor-mation).”

Journalists trying to obtain gov-ernment documents, or asking asource to speak on a sensitive topic,may be affected as government of-ficials could be expected to invokeexecutive privilege more often.

“The impact is really substan-tial. Investigative reporting as wellas day-to-day beat reporting (maybe affected),” Malaluan said.

Such setbacks in obtaining state-held information were already evi-dent in recent years under the cur-rent administration. No doubtMalacañang leads government in-stitutions in putting up barriers toblock public access to information,wrote veteran journalist YvonneChua in PJR Reports in Sept. 2006.The policies the administrationadopted, she added, “hardly auguran atmosphere of transparency.”

‘Substantial evidence’The Court of Appeals ruling

dismissing Lozada’s petition for anissuance of a writ of amparo mayalso have a substantial impact onthe press and the public not onlyby discouraging potential whistle-blowers from coming out, but alsoby making it harder for petitionersto avail of the writ of amparo.

Lozada’s brother Arturo ini-tially asked for the issuance of awrit of amparo after Lozada was

OCAMPOPavia

Santos

Such setbacks callfor not only areorientation butreinvention ofjournalism for ourenvironment—Santos

SAYING JOURNALISTS “are being slowly killedby low salaries, and dismal working conditionslike long working hours and lack of job securityand benefits,” delegates to the 6th NationalCongress of the National Union of Journalists

of the Philippines (NUJP) called for better wages andbenefits for media practitioners.

KILLING THEM SOFTLYLOW PAY, LONG HOURS

n By Melanie Y. Pinlac

CIVIL SOCIETY INITIATIVES FOR 2010 BEGIN

The NUJP held its 6th Na-tional Congress last Aug. 23 to24 with the theme “BreakingBarriers, Building Strength” atthe Catholic Bishops Confer-ence of the Philippines-Na-tional Social Action Develop-ment Center in Tagaytay City.More than 50 journalists from32 NUJP chapters nationwideattended the event.

“We call on owners of news-papers, radio and television sta-tions, and online news sites toimprove the working conditionsof their staff by granting humanewages, providing transportationand communication allowancesand other subsidies. We urgethem to ensure the job securityof all their staff by regularizingcorrespondents or stringers, con-

tractual employees and ‘talents’who comprise the bulk of mediaworkers,” the journalists said ina statement.

During the plenary session,delegates suggested the creationof a media welfare fund and aradio program to address issuesof press freedom and journalists’rights and welfare. They alsoproposed the formation of a leg-islative watch to follow up billson media pending in Congressand an annual press freedomaward.

The NUJP also elected its Na-tional Directorate for 2008-2010.Elected were: Alwyn Alburo(GMA-7); Julie Alipala (PhilippineDaily Inquirer); Nestor Burgos(Inquirer); Desiree Caluza (In-quirer); Jaime Espina (Inquirer.

net); Sonny Fernandez (ABS-CBN 2); Cheryll Fiel (Davao To-day); John Heredia (Capiz NewsToday); Danny Lucas (ABS-CBN2); Arnell Ozaeta (dzMM and ThePhilippine Star); Rowena Paraan(IFJ-NUJP Media Safety Office);Ilang-Ilang Quijano (PinoyWeekly); Marlon Ramos (In-quirer); May Rodriguez (free-

lance journalist); and Jose TorresJr. (GMANews.TV).

Torres was again named chairof the executive committee.Other executive committee mem-bers are: Burgos, vice chair;Fernandez, secretary general;Ramos, deputy secretary general;Paraan, treasurer; and Alburo,auditor. n

RECENT POLITICAL and socio-economic devel-opments have highlighted the importance of thecountry’s preparedness for 2010, when the term

of President Gloria Macapagal Arroyo ends and citizensonce more go to the polls in the national and local elec-tions scheduled for that year.

n By Kathryn Roja G. Raymundo

What is encouraging is thatcivil society has already begunlaying the groundwork to en-hance voter awareness in address-ing the problems and issues thataffect Philippine governance andpolitics. The various groups in-volved are calling on the press toprovide the public the meaning-ful information it needs and tohelp civil society’s advocacy formeaningful elections.

Not only regular reportingbut in-depth coverage and analy-sis during elections as well asbetween elections, help votersdecide who to vote for, and in thelong run help shape, though in-directly, the policy-making and -implementing institutions of thecountry.

Learning from experiencePera’t Pulitika (Money and Poli-

tics/PaP), a poll campaign-spend-ing monitoring group, fired thefirst salvo in the campaign toawaken and enhance interest inthe 2010 elections. The PaP study“Money and Politics: CampaignSpending in the 2007 Elections, AChallenge to 2010 Elections”found that some of the politiciansgunning for the presidency in

2010 may have violated electionrules during their 2007 campaign.

The study said three out ofeight incumbent senators whoran in 2007 may have broken sa-lient provisions of Philippinelaws on campaign finance,among them the SynchronizedElection Law, the Fair ElectionAct, and the Omnibus ElectionCode of the Philippines.

The three senators are Manuel“Manny” Villar Jr., Lorna Regina“Loren” Legarda, and Francis Jo-seph “Chiz” Escudero. All are re-portedly interested in running forthe Presidency in 2010.

While these findings provideinformation vital to the credibilityof Villar and company, the studyalso had a wider implication. Cov-ering both the national (senatorialand party list groups) and local(four areas: Navotas, Pasig, 4th dis-trict of Quezon City, and Langiden,Abra) campaigns, the study foundthere was significant overspendingin the 2007 electoral contests as awhole, indicating that electionscontinue to be an economic invest-ment for candidates—and suggest-ing that money still rules and un-dermines an exercise basic todemocratic governance.

PaP was correctly critical ofthe Commission on Elections’(Comelec) weak implementationof election laws and identifiedseveral areas where reforms canbe proposed and considered bypolicy makers. PaP thus called onthe Comelec to strictly monitorand enforce laws on campaignspending and use of media, andto issue a policy that would de-clare and ensure that all cam-paign and election documentswould be made public.

PaP’s 2007 study on campaignspending is a pilot test in prepara-tion for a larger monitoring ini-tiative in 2010. PaP is a network ofcivil society organizations thataims to raise public awareness ofcampaign finance and its links topolitical corruption. PaP’s work-ing group includes the Access toInformation Network, the Consor-tium for Electoral Reforms, theLawyers’ League for Liberty,Transparency and AccountabilityNetwork, and University of thePhilippines (UP) public adminis-tration professor Dr. Edna Co andher team of analysts.

Co, faculty member of the UPNational College of Public Ad-ministration and Governanceand the Ateneo School of Gov-ernment said, “Will we allow this(overspending) to happen againin 2010? We hope not.”

Clean and genuine electionsIn another assembly, the

Commission on Human Rightsof the Philippines (CHRP) and

the non-government organiza-tion Task Force 2010 held a fo-rum and workshop on “Ensur-ing the Right to Electoral Par-ticipation: Giving Access toVulnerable Sectors in 2010” toaddress the human rights im-plications and other concernsregarding the 2010 elections.The assembly sought to iden-tify and solve the numeroussituational and physical con-straints that contribute to thedisenfranchisement of vul-nerable sectors of Philippinesociety.

These sectors are: first-timevoters/youth, internally dis-placed people, indigenous com-munities, detainees, differently-abled people, and the elderly.

CHRP and Task Force 2010are promoting a rights-basedapproach in electoral participa-tion supportive of the people’sright to suffrage and self-deter-mination.

The objectives of the forumwere to raise awareness on theproblems of vulnerable sectorsin the exercise of their right topolitical participation; to pro-vide the latest information onthe sectors and point out gapsthat need to be addressed fortheir greater electoral partici-pation; to hold consultationswith various stakeholders; tobring to the attention of con-cerned government agenciesand policymakers the issuesidentified by the sectors andraise accountability; and to ob-

tain inputs from the represen-tatives of the vulnerable sectorsand other stakeholders.

CHRP Chair Leila De Limaemphasized the significance ofvoter education to improve theelectoral process.

“When we vote…we assertour right over governance of theState,” Lima said.

Both CHRP and Task Force2010 called for cleaner and genu-ine elections. The CHRP believeshonest and fair elections contrib-ute to the development of a po-litical environment conducive tothe respect, protection, and ful-fillment of human rights. TaskForce 2010 also launched its cam-paign to clean and verify thevoter’s list for the forthcomingelections.

The Washington, DC-basedInternational Foundation forElectoral Systems (IFES) sup-ported the PaP and CHRP initia-tives.

The media’s roleAs part of its 2004 and 2007

monitor of media coverage of theelections, the Center for MediaFreedom and Responsibility rec-ommended that the press, withthe help of civil society and me-dia advocacy groups, uphold itsown ethical and professionalstandards; intensify coveragethrough special reports and pub-lic affairs programs; and providereporters training in the laws,processes, and other intricacies ofelectoral politics. n

CHALLENGE TO THE MEDIA

NUJP officers take their oath JEFFREY TUPAS

PJR PJR PJR PJR PJR REPORTSOCTOBER 200810

PJR PJR PJR PJR PJR REPORTS OCTOBER 2008 11

NEEDED:JOURNALISTIC

BLOGGINGn By Danilo Araña Arao

BLOGGING AND Journalism. The use ofthe word “and” is meant to highlight thecomplementation of the two instead of theadversity reflective of the tension between oldand new media.

Journalism is all about providing relevant informa-tion with the objective of shaping public opinion. It ad-heres to professional and ethical guidelines in the writ-ing and production of various journalistic outputs. Ex-amples of professional standards are the “ABCs of jour-nalism,” namely accuracy, brevity, and clarity. A basicethical guideline in writing and producing journal-istic outputs is truth-telling.

Blogging entails theuse of a content man-agement system (CMS)like WordPress (WP) towrite articles and up-load graphics andother media files. Un-

like a website that hasstatic pages, a blog has more

dynamic content as it distin-

guishes between posts and pages,the former being the updatesprovided by the blogger and thelatter being seldom updated andare normally meant for first-timeand infrequent visitors.

The CMS used in blogs is es-sentially a database programthat makes it easier for contentto be categorized. It also has a

Really Simple Syndication(RSS) feature that can allowonline users to read, watch orlisten to media content evenwithout an Internet browserand going to the blog’s URL.

In terms of content, bloggersare usually their own gatekee-pers, which means that they areleft on their own to decide whatcontent to upload. The practiceis different in journalism, wheremedia organizations have a“gatekeeping function”—edi-tors screen what reporters, pho-tographers, and illustrators pro-duce. There are even cases whereowners and publishers meddlewith media content. In addition,advertisers and other interestgroups directly or indirectlypressure journalists in their at-tempt to promote their respec-tive agendas.

At first glance, bloggers havean advantage over journalistswhose works are screened by oth-ers and subjected to various pres-sures. This particular advantage,however, means more responsi-bility for the blogger to be cer-tain about the content shared withhis or her readers. Unlike jour-nalists, bloggers usually do nothave editors to evaluate the formand content of their outputs.

There is nothing wrong andmany things right with editorsconstructively screening journal-ists’ work. It helps improve thequality of the latter. However,pressures exerted by advertisersand other interest groups arecounterproductive in the practiceof the journalism profession.

This is where the indepen-dence enjoyed by bloggersshould be appreciated. They donot usually have to deal with thepolitics that goes with maintain-ing and sustaining print andbroadcast media organizations.

Blogging forJournalism

The mass mediahave three major fields:

Journalism; Advertisingand Public Relations (PR);and Entertainment. Thecontent of blogs as part ofthe new media may also beclassified according to thesethree major fields.

What is necessary forbloggers is for them to knowand to put into practice what

their purpose in blogging is.Are they blogging mainly to pro-

vide relevant information andsocial commentaries (journal-ism); to promote products andservices (advertising and PR); orto give pleasure to audiences (en-tertainment)?

The classifications for

COMMENTARY

Computers havebecome an importanttool for today’sjournalists.Photos byLITO OCAMPO

PJR PJR PJR PJR PJR REPORTSOCTOBER 200812

bloggers are not necessarily mu-tually exclusive, so this meansthat blog entries can have ahealthy mix of “serious” and“light” topics. What is necessaryis for the blog’s focus or niche tobe apparent to the online user.And this cannot be done if theblogger himself or herself is notsure of the nature and orientationof his or her blog.

It is not advisable to useblogs, even the personal ones, onlyas venues for expressing personalrants, unfounded accusations,subjective observations and ex-istential angst. As pointed out in“A Bloggers’ Code of Ethics”which can be retrieved fromCyberJournalist.net, “responsiblebloggers should recognize thatthey are publishing words pub-licly, and therefore have certainethical obligations to their read-ers, the people they write aboutand society in general.”

Blogger Scott Rosenberg saidthat the difference betweenblogging and journalism is agraph and not a line. To be spe-cific, he said that it is a classicfour-quadrant graph. “There’s anX axis from `not blogging at all’to `blogging all the time’ andthere’s a Y axis from, say, `writesthe equivalent of a private diary’to `writes exclusively about pub-lic affairs.’”

The issue, however, betweenthe two is very fundamental:Why is there a need to draw theline between blogging and jour-nalism, or even a graph to illus-trate their difference? What isnecessary is to analyze bloggingand journalism along the lines ofresponsibility. This is where theprofessional and ethical stan-dards would come in handy.

Be Honest and FairBloggers should be honest and fair in gathering, reporting, and

interpreting information.Bloggers should:• Never plagiarize.• Identify and link to sources whenever feasible. The public is

entitled to as much information as possible on sources’ reli-ability.

• Make certain that Weblog entries, quotations, headlines, pho-tos and all other content do not misrepresent. They should notoversimplify or highlight incidents out of context.

• Never distort the content of photos without disclosing what hasbeen changed. Image enhancement is only acceptable for tech-nical clarity. Label montages and photo illustrations.

• Never publish information they know is inaccurate—and if pub-lishing questionable information, make it clear it is in doubt.

• Distinguish between advocacy, commentary and factual infor-mation. Even advocacy writing and commentary should not mis-represent fact or context.

• Distinguish factual information and commentary from adver-tising and shun hybrids that blur the lines between the two.

Minimize HarmEthical bloggers treat sources and subjects as human beings

deserving of respect.Bloggers should:• Show compassion for those who may be affected adversely by

Weblog content. Use special sensitivity when dealing with chil-dren and inexperienced sources or subjects.

• Be sensitive when seeking or using interviews or photographsof those affected by tragedy or grief.

• Recognize that gathering and reporting information may causeharm or discomfort. Pursuit of information is not a license forarrogance.

• Recognize that private people have a greater right to controlinformation about themselves than do public officials and oth-ers who seek power, influence or attention. Only an overridingpublic need can justify intrusion into anyone’s privacy.

• Show good taste. Avoid pandering to lurid curiosity. Be cautiousabout identifying juvenile suspects, victims of sex crimes andcriminal suspects before the formal filing of charges.

Be AccountableBloggers should:• Admit mistakes and correct them promptly.• Explain each Weblog’s mission and invite dialogue with the pub-

lic over its content and the bloggers’ conduct.• Disclose conflicts of interest, affiliations, activities, and per-

sonal agendas.• Deny favored treatment to advertisers and special interests

and resist their pressure to influence content. When excep-tions are made, disclose them fully to readers.

• Be wary of sources offering information for favors. When ac-cepting such information, disclose the favors.

• Expose unethical practices of other bloggers.• Abide by the same high standards to which they hold others.

A BLOGGERS’CODE OF ETHICSfrom http://www.cyberjournalist.net/news/000215.php (15 April 2003)

Of course, one can counter-argue that irresponsible bloggersare usually the ones who becomepopular as they generate substan-tial Web traffic. There is no de-nying that one grammatically-challenged blogger got substan-tial media mileage for his blogentries that accused his lover ofstealing from him, and other per-sonalities of engaging in de-pravity. (As of this writing, thecontroversial blog has an Alexatraffic ranking of about 125,000and a Google PageRank of 3.)

There is a need, however, torethink one’s purpose in blog-ging. In a Sept. 8 post I wrote formy blog Rising Sun, I asked, “Is itsimply to get attention or toshape public opinion? Is it to en-gage in shameless promotion orto provide relevant information?Is it mainly to monetize or pri-marily to conscienticize?”

Adherence to standardsWhat is crucial in blogging is

adherence to standards and theconscious effort to be responsiblefor the media content bloggers

write and produce. Blogging maybe only a hobby or a passingfancy for some, but all bloggersshould be responsible for what-ever media content is uploadedin his or her blog.

Journalism ethics comes intothe picture as this is the oldestand most developed in the fieldof media ethics. ThatCyberJournalist.net created themodel “Bloggers’ Code of Ethics”based on the Society of Profes-sional Journalists (SPJ) Code ofEthics illustrates this point. A tex-tual analysis of the specialized“Healthcare Blogger Code of Eth-ics” (for healthcare professionalsand patients who blog) alsoshows elements from journalis-tic practice.

Bloggers must not thereforemisinterpret the repeated cita-tion of journalism standards asan imposition from journalistsas to how writing and the pro-duction of media content shouldbe done. It is also non-sequiturfor bloggers to raise the prob-lems surrounding media orga-nizations (e.g., corruption andirresponsible reporting by somejournalists) in their refusal to ad-here to a journalism-based codeof ethics like CyberJournal-ist.net’s.

Contrary to what a bloggeronce wrote, this is not a case ofthe pot calling the kettle black.Just because there is a weaknessin the observance of acceptablestandards in journalism does notgive bloggers the reason torefuse adherence to acceptablestandards. In the first place, whyshould the quality of bloggingbe dependent on the quality ofthe journalism profession in thecountry?

.........................................

Blogging may beonly a hobby or apassing fancy forsome, but allbloggers shouldbe responsiblefor whatevermedia content isuploaded in hisor her blog

Multimedia reporting in today’s Internet age

PJR PJR PJR PJR PJR REPORTS OCTOBER 2008 13

HEALTHCARE BLOGGERCODE OF ETHICSfrom http://medbloggercode.com/the-code (31 July 2007)

1. Clear representation of perspective - Readers must un-derstand the training and overall perspective of the author of a blog.Certainly bloggers can have opinions on subjects outside of theirtraining, and these opinions may be true, but readers must have aplace to look on a blog to get an idea of where this author is comingfrom. This also encompasses the idea of the distinction betweenadvertisement and content. This does not preclude anonymousblogging, but it asks that even anonymous bloggers share the profes-sional perspective from which they are blogging.

2. Confidentiality - Bloggers must respect the nature of therelationship between patient and medical professionals and the clearneed for confidentiality. All discussions of patients must be done in away in which patients’ identity cannot be inferred. A patient’s namecan only be revealed in a way that is in keeping with the laws thatgovern that practice (HIPPA, Informed Consent).

3. Commercial Disclosure - the presence or absence of com-mercial ties of the author must be made clear for the readers. If theauthors are using their blog to pitch a product, it must be clear thatthey are doing that. Any ties to device manufacturer and/or pharma-ceutical company must be clearly stated.

4. Reliability of Information - citing sources when appropri-ate and changing inaccuracies when they are pointed out.

5. Courtesy - Bloggers should neither engage in personal at-tacks nor allow their commenters to do so. Debate and discussion ofideas is one of the major purposes of blogging. While the ideas peoplehold should be criticized and even confronted, the overall purpose is adiscussion of ideas, not those who hold ideas.

Bias for informationEven if blogs can serve jour-

nalistic, advertising, and enter-tainment functions, it is necessaryfor bloggers to have a bias forproviding relevant informationtowards the shaping of publicopinion. The situation in the Phil-ippines compels all citizens to dotheir share in nation-building.

Regardless of their beliefs,bloggers should maximize theopportunity by engaging in whatcan be aptly described as “jour-nalistic blogging.” They shouldregularly provide fair commen-tary to what is happening in Phil-ippine society and encourageother bloggers to follow suit.

Journalistic blogging could bein the form of actual coverage ofevents or personal reflections.The latter can be considered jour-nalistic outputs as long as propercontext is provided and the fac-tual bases of commentaries areprovided in order to avoid sub-jective tendencies in writing.

Participation in the annual“Blog Action Day” (http://blogactionday.org) can be a goodstart. Incidentally, the theme for2008 is poverty, a very appropri-ate topic for the Philippines.

Being relevant is a good wayfor bloggers to make a differencein society. While the Internet haslimited reach, online users in thePhilippines and abroad can stillbe made aware of what is hap-pening through informative blogentries.

Through the years, relevantblog posts have even been pickedup by media organizations. Tra-ditional media coverage can helpa lot in spreading the blogger’sintended message. The blog ofSalam Pax (“Where is Raed?”;http://dear_raed.blogspot.com)who wrote from Baghdad duringthe Iraq war in 2003 is a good casestudy. Journalist Paul Andrewssaid that Salam’s “blogged obser-vations from Iraq provided someof the best eyewitness reportingduring the war.”

Indeed, the prospects of beingquoted by the media should mo-tivate bloggers to make theirposts more informative andmeaningful to their readers.

Regulating the blogosphereOutputs from blogging and

the journalism profession arepart of the public domain, hencethe need for bloggers and jour-nalists alike to adhere to accept-able professional and ethical stan-dards.

One does not need to reinventthe wheel, so to speak, as there isalready “A Bloggers’ Code of Eth-ics” from CyberJournalist.net. Onecan review its contents and makethe necessary revisions to make

it applicable to blogging in anunderdeveloped country like thePhilippines, mindful also of lat-est blog-related developmentslike micro-blogging, podcastingand vlogging (video blogging),as well as issues that affect mediacontent like paid links and spon-sored posts.

By adhering to standards,bloggers can re-assess the im-plications of depending mainlyon search engine optimization(SEO) methods like “link farm-ing” and “keyword stuffing” inproducing media content. Interms of design and layout,they will also realize why it isunethical to monetize blogsthrough advertisements pack-

aged as part of media content.Just like the journalism pro-

fession, self-regulation is the keyto responsible blogging as leg-islating (and therefore imposing)ethical and professional stan-dards in blogging could eventu-ally lead to government censor-ship which is unacceptable in aregime of free expression.

Independent blog monitoringis an excellent way to self-regu-late the blogosphere. It can high-light responsible and irrespon-sible cases of blogging, particu-larly among blogs that enjoy hightraffic and popularity. Indeed, anobjective assessment of the qual-ity of selected blog entries is lack-ing in the Philippines (the name

“Pinoy BlogWatch” comes tomind). The evaluation of suchcases could be based on the rec-ommended standards, to whichbloggers can show adherence byposting the disclosure on theirblogs or installing a badge or

widget on their blog’s sidebar.Independent monitoring and

assessment of blog content, ifdone effectively, could be help-ful for newbies to know whichpractices are worth emulatingand rejecting. The more estab-lished bloggers, on the otherhand, could be motivated to serveas good examples to others.

There is much that bloggerscan learn from the responsiblepractice of the journalism profes-sion, in the same way that jour-nalists should use blogs as an in-tegral part of disseminating theirintended message by maximiz-ing the convergence characteris-tic of the new media.

Blogs, after all, must not bedismissed as simple personaljournals. In the right hands, theycan be powerful tools in the shap-ing of public opinion. n

Danilo Araña Arao is an assis-tant professor at the Department ofJournalism of the University of thePhilippines in Diliman where heteaches ethics, online journalism, andpublication design and layout, amongother courses. The writer adapted thiscommentary forthe PJR Reports fromhis lecture on blogging and journal-ism at WordCamp Philippines 2008.

............................................................

Alecks Pabico, online manager and multimedia director of the Philippine Center for Investigative Journalism, at i-Blog3, an annual blogging conference. The fourth i-Blog Summit was held last April.

A journalist covering a roundtable discussion

PJR PJR PJR PJR PJR REPORTSOCTOBER 200814 CRiSiSNATIONAL / INTERNATIONAL

SC upholds guilty verdictagainst columnist

THE SUPREME Court affirmedlast Sept. 16 the guilty verdict on a1999 libel case filed by a customsofficial against a columnist, threeeditors, and the publisher of apopular Manila-based tabloid.

The Supreme Court’s SecondDivision denied the petitionsfiled by columnist and broad-caster Erwin Tulfo, editors SusanCambri, Rey Salao, JocelynBarlizo, and Carlo PublishingHouse Inc. president PhilipPichay asking for the reversal ofthe Court of Appeals decision touphold their conviction for libelin a complaint by lawyer CarlosSo. So was an official of the Bu-reau of Customs Intelligence andInvestigation Service at theManila’s Ninoy Aquino Interna-tional Airport.

The decision followed one inwhich the Court allowed a lowercourt to hear against a libel casefiled in 1996 against the Manilabroadsheet Philippine Daily Inquirer.

The Court also denied in Sept.2008 a petition filed by Inquirerpublisher Isagani Yambot, editorin chief Letty Jimenez Magsanoc,and correspondents TeddyMolina and Juliet Pascual to stopthe Vigan Regional Trial Court(RTC) from hearing a libel casefiled against them by lawyerRaymundo Armovit in 1996.

The 1996 libel charges againstthe Inquirer are based on articlesimplying that Armovit hid hisclient Rolito Go when the latterescaped during his trial for thekilling of a student. Go was laterconvicted.

In the Tulfo case, So sued af-ter Tulfo accused him of corrup-tion and extortion several timesin his “Direct Hit” column in thetabloid Remate in 1999.

On Nov. 17, 2000, the PasayCity RTC Branch 112 found Tulfo,Cambri, Salao, Barlizo, andPichay guilty of four counts oflibel.

The group appealed the deci-sion before the Court of Appeals.But the Court denied their appealon June 17, 2003 as well as theirmotions for reconsideration onDec. 11, 2003. They then filed apetition for review before theSupreme Court.

Tulfo and the other defendantsargued in their separate petitionsthat both the appellate court andthe Pasay City RTC “erred” intheir decision holding them liableof criminal libel. Tulfo argued thatthe RTC should have classified hisarticles under “qualified privi-leged communication” since So is

a public official, while the editorsand Pichay questioned their inclu-sion in the case.

The Supreme Court in its 31-page decision penned by Associ-ate Justice Presbitero Velasco Jr.explained the articles “cannot beconsidered as qualified privi-leged communication” since itdid not meet the standard underthe second paragraph of Article354 of the Revised Penal Code.

“The articles clearly are not thefair and true reports contemplatedby the provision. They provide nodetails of the acts committed bythe subject, Atty. So. They are plainand simple baseless accusations,backed up by the word of one un-named source. Good faith is lack-ing, as Tulfo failed to substantiateor even attempt to verify his storybefore publication. Tulfo goeseven further to attack the charac-ter of the subject…even callinghim a disgrace to his religion andthe legal profession,” the decisionsaid. So is a member of the reli-gious organization Iglesia niCristo.

The Court also said that “(t)hisis no case of mere error or honestmistake, but a case of a journalistabdicating his responsibility toverify his story and instead mis-informing the public.”

However, the Court amendedthe earlier penalties imposed bythe Pasay City RTC on the defen-dants. The RTC had earlier or-dered the defendants to payP800,000 in actual damages, P1million in moral damages, andan additional P500,000 in exem-plary damages. They were alsosentenced to serve six months tofour years and two months inprison for each count of libel.

“Freedom of expression aswell as freedom of the press maynot be unrestrained, but neitherreined in too harshly. In light ofthis, considering the necessity ofa free press balanced with thenecessity of a responsible press,the penalty of a fine of P6,000 foreach count of libel, with subsid-iary imprisonment in case of in-solvency, should suffice,” the SCdecision said.

It said that the provision foractual damages has no basis.“There was no showing of anypecuniary loss suffered by thecomplainant Atty. So. Withoutproof of actual loss that can bemeasured, the award of actualdamages cannot stand.” The finefor exemplary damages is also“not justified.”

Another petition deniedThe Inquirer reported that

Yambot, Magsanoc, Molina, andPascual had earlier petitioned forthe withdrawal of the 1996 libelcharges against them after the

regional state prosecutor over-turned the earlier indictment bythe Ilocos Sur provincial prosecu-tor in 1997. But Vigan RTCBranch 21 Judge FranciscoRanches—and later the appellatecourt—ruled that there was prob-able cause for the filing of the li-bel charges.

Yambot, Magsanoc, Molina,and Pascual brought their case be-fore the Supreme Court. TheCourt’s Third Division upheld inSeptember 2008 the appellatecourt’s decision.

The Court said it could notact on the other issues raised byYambot, Magsanoc, Molina, andPascual.

The Center for Media Free-dom and Responsibility hascalled for the decriminalizationof libel since the early 1990s.BusinessWorld reports that theSenate is “crafting a bill that seeksto distinguish libel against a pri-vate person and a public officer.”

The bill amending Articles354 and 361 of the Revised PenalCode will “scrap the fine of im-prisonment only for political li-bel,” Sen. Richard J. Gordon, chairof the committee on constitu-tional amendments, revision ofcodes and laws, told Business-World.

“If a politician is attacked,presumption of malice is nolonger there. Malice should nowbe proven by the prosecution,”he explained.

CA reverses decision onlibel case

SAYING IT would have “a dev-astating and catastrophic effect onthe freedom of speech and of thepress,” the Court of Appeals (CA)reversed last Aug. 28 its March18 decision which upheld a guiltyverdict for libel on the staff mem-bers of a defunct newspaper.

The CA’s Special Former 15th

Division in its 10-page decisiongranted the petition filed by thestaff members of the defunctnewspaper Manila Chronicle ask-ing the appellate court to recon-sider its March 18 decision whichupheld a 2002 Makati RegionalTrial Court (RTC) ruling order-ing them to pay businessmanAlfonso Yuchengco P101 millionworth of damages and legal fees.

The appellants-respondentsincluded The Manila ChroniclePublishing Corp., owner RobertCuyuito Jr., and editors and re-porters Neal Cruz, ErnestoTolentino, Noel Cabrera, ThelmaSan Juan, Gerry Zaragosa, DonnaGatdula, Raul Valino, andRodney Diola.

The Chronicle filed a motionfor reconsideration before the CAquestioning the Nov. 8 decision

of Makati RTC Branch 136 find-ing them guilty of libel. The li-bel case stemmed from a seriesof articles published in Novem-ber and December 1994 in theChronicle calling Yuchengco a“Marcos crony” and a “‘corporateraider’ who engaged in dubiousfinancial transactions.” The Phil-ippine Journalism Review reportedabout the case in its December2002 issue.

In its March 18 decisionpenned by Associate JusticeAgustin Dizon, GMANews.TVreported that the appellate courtdenied the Chronicle’s motion forreconsideration, saying therewas a “preponderance of evi-dence” to prove there was actualmalice in the publication of thearticles. It also said the newspa-per failed to get Yuchengco’s side,and that Cuyuito abused hispower as chair and owner of theChronicle to publish defamatoryreports against Yuchengco.

But the CA’s Special Former15th Division in its Aug. 28 deci-sion said it found no actual mal-ice in the articles. “The recordsare bereft of proof of actual mal-ice on the part of the defendants-appellants for the imputationsmade in the subject articles,” saidthe decision penned by Associ-ate Justice Amelita Tolentino asquoted by the newspaper TheManila Times.

It also recognized that theprevious decision put aside theappellants’ arguments that thearticles fell under privilegedcommunication as stated in theConstitution and that its subjectsare of public interest, the Timesreported. The Chronicle reportsinvolved publicly listed compa-nies like the Benguet Corp., theOriental Petroleum and MineralResources Corp., and the RizalCommercial Banking Corp.

It further noted that the March18 ruling neglected to note thatYuchengco is a public figure whohas served in various govern-ment posts, the Malaya newspa-per said. Yuchengco has been thepresidential adviser on foreignaffairs since January 2004.

The CA explained that thismakes “good intention and jus-tifiable motive” and truth ac-ceptable defense, Malaya re-ported. “The interest of societyand maintenance of good gov-ernment demand a full discus-sion of public affairs. Completeliberty to comment on the con-duct of public men is a scalpel inthe case of free speech,“ the de-cision pointed out.

Publisher jailed for libel

THE PUBLISHER of a knownanti-government broadsheet was

arrested last Sept. 4 for libel,while another publisher’s libelconviction was affirmed after ajudge denied her motion for re-consideration.

Amado Macasaet, publisherof the daily newspaper Malaya aswell as the tabloid Abante, wasarrested for a nine-year old libelcase by operatives of the Crimi-nal Investigation and DetectionGroup (CIDG) of the PhilippineNational Police at his office inPort Area, Manila.

Macasaet is also the presidentof the Philippine Press Instituteas well as director of SamahangPlaridel, an organization of vet-eran journalists and communica-tors.

Makati Regional Trial CourtBranch 59 Judge WinloveDumayas meanwhile denied themotion for reconsideration filedby Ninez Cacho Olivares askingthe former to overturn his ear-lier decision convicting Olivaresof libel.

Olivares, publisher of TheDaily Tribune, another criticalbroadsheet, said she and her law-yers will bring the case to theCourt of Appeals.

Dumayas had sentencedOlivares to a minimum of sixmonths to a maximum of twoyears in prison and to pay P5mi l l ion in mora l damagesand P33,732.25 in civil dam-ages for a story she wroteabout a prominent law firm’salleged unethical and corruptpractices.

The Supreme Court earlierthis year issued a circular urgingcourts to choose the impositionof fines rather than imprison-ment on journalists convicted oflibel.

The case against Macasaetwas filed in 1999 by former RizalGovernor Casimiro Ynares andNarciso Santiago Jr. for articlesMacasaet wrote in 1999 in Malayaand Abante about a conflict be-tween two cockfighting groups,one of which was headed byYnares.

Santiago Jr. is the husband ofadministration Senator MiriamDefensor Santiago while Ynaresis the brother of Supreme CourtJustice Consuelo Ynares-Santiago.

Also included in the chargesheet are Malaya editors EnriqueP. Romualdez and Joy P. De LosReyes. According to Malaya newseditor Minnie Advincula, theCIDG agents did not look forRomualdez or De Los Reyeswhen they came to their office toarrest Macasaet.

Macasaet, 72, said he was sur-prised by the arrest as he was notinformed of the libel case’s be-ing filed against him. n

NATIONAL

PJR PJR PJR PJR PJR REPORTS OCTOBER 2008 15

Burmese journalist freedafter 19 years

AFTER 19 years in prison, a Bur-mese journalist who was also thelongest-serving political pris-oner in military-ruled Burma wasreleased last Sept. 23 under thejunta’s amnesty program.

U Win Tin, former editor ofthe newspaper Hanthawathi andvice-president of the Burma Writ-ers Association, was among sev-eral detainees who benefitedfrom the amnesty. The junta willrelease 9,002 detainees in prepa-ration for the upcoming 2010 elec-tions, Reporters Without Borders(RSF) said, quoting the govern-ment-owned newspaper NewLight of Myanmar.

RSF reported U Win Tin assaying: “I am going to continuepracticing politics because I am

UNESCO to hold free speech caucus

THE UNITED Nations Educational, Scientific and CulturalOrganization (UNESCO) will hold an international symposiumon issues related to free expression on Oct. 29. The event,“International High Level Symposium on Freedom ofExpression”, will gather government heads and policymakersas well as representatives from major non-governmentorganizations and media practitioners at UNESCO headquartersin Paris.

The event is part of a year-long campaign to kick off the 60thanniversary of the Universal Declaration of Human Rights.Freedom of expression is stipulated in Article 19 of thedeclaration, which was adopted by the United Nations in Dec.10, 1948.

A two-day exhibition on “The Safety of Journalists” willinaugurate the event. The exhibit was organized in partnershipwith the news agency Reuters. n

ERRATUMIN ITS Sept. 2008 issue, PJR Reports inadvertently combined the obituaryfor Gilbert Roland Guevara Perez and Gilbert R. Perez.

Gilbert Roland Guevara Perez, a TV and film director and producer,died July 16 aged 48. He was an executive producer for the defunctshows “Goin’ Bananas”, “Eh Kasi, Bata (Just a Kid)” and “Ready, GetSet, Go”. He directed TV programs like “Maalaala Mo Kaya (Will youremember)”, “Sa Puso Ko Iingatan Ka (In my heart, I will care for you)”,“Bituing Walang Ningning (A star with no shine)”, “Super Inggo”,“Maging Sino Ka Man (Whoever you are) Book 2”, “Patayin Sa SindakSi Barbara (Scare Barbara to death)” among others.

His known directorial films were “Kahit Isang Saglit (Even for justone moment)”, “Trip”, “Jologs”, “Dreamboy”, and “Supah Papalicious”.

Perez had a heart attack while directing an ABS-CBN 2 televisionseries last July 1 and had not recovered since.

On the other hand, Gilbert R. Perez, a lifestyle columnist, artist,and fashion designer/director, passed away on July 22. He was 76. Hewas a professor at the Feati (Far Eastern Air Transport Incorporated)University for 25 years.

Perez served as art director for several magazines: the midweekmagazine of the Manila Chronicle, People Magazine of the TimesJournal, and Oh! magazine of Brown Madonna Publishing. Before hedied, he was writing the lifestyle column “Manila At Large” for thePhilippines Graphic.

Our apologies for the mix-up. n

INTERNATIONAL a political man. I did not signdocument 401, which wouldhave forced me to give up thatrole. Starting today, I am goingto continue supporting Aung SanSuu Kyi and the National Leaguefor Democracy (NLD). I willsoon be 80, but I am not going tostop.” U Win Tin is also afounder of the NLD.

International media organi-zation RSF and the Burma MediaAssociation were elated with UWin Tin’s release.

“We worked together to de-fend U Win Tin’s innocence andwe are immensely relieved thathe has finally been freed,” RSFand the Burma Media Associationsaid in a statement.

“It is unacceptable that he wasmade to serve 19 years in prisonfor peacefully advocating democ-racy but today his release is anhistoric moment. We hope otherjournalists and prisoners of con-science will also be freed and that

U Win Tin will be able to resumehis peaceful struggle for pressfreedom and democracy inBurma.”

For his commitment towardsthe struggle for press freedom, UWin Tin received several pressfreedom awards, including theGuillermo Cano World PressFreedom Prize awarded byUNESCO, WAN's Golden Pen ofFreedom and the RSF award forpress freedom.

U Win Tin was imprisoned onJuly 4, 1989 for several chargesincluding anti-government pro-paganda, RSF reported. Eightjournalists are still in prison inBurma. – RSF/SEAPA

CHRONiCLEMAGPAYO, 87THE “FIRST lady of Philippine radio,”Fidela “Tiya Dely” Magpayo, bidgoodbye to almost seven decades ofhosting radio shows. Magpayo suf-fered a stroke during her dzRH programon Aug. 30 and passed away two dayslater. She was 87.

Known for her on-air counselingand patronage of Filipino music andlanguage, Magpayo held a full sched-ule at the radio station even in her 80s.Her programs included “SerenataPilipina (Filipino serenade)”,“Kasaysayan ng mga Liham kay TiyaDely (Story of letters to Aunt Dely)”, and“Ito ang Inyong Lingkod, Tiya Dely (Sin-cerely yours, Aunt Dely)”.

She began her career in 1939 overradio station kfRF as a singer-an-nouncer with radio comedians AndoyBalun-balunan and Dely Atay-atayan.She later became an actress in variousradio dramas, a disc jockey, a staff an-nouncer, and a host. She joined dzRHin 1946, moved to dzXL, then to ABS-CBN 2 radio station which was closeddown during the martial law period,and then moved again to dwWW in1977. She went back to ABS-CBN 2 in1986 but returned to dzRH in 1990.

Magpayo also worked on stage, inmovies, and in television. She was insome films by Sampaguita Pictures, LVN,and Larry Santiago Productions. As asinger, she recorded “Pamaypay ngMaynila (Fan of Manila)”, “Sa Ilalim ngIlang-Ilang (Under the Ilang-Ilang)”,“Pandanggo ni Neneng”, and “Nabasagang Banga (The jar is broken)”.

Her contributions to the broadcastindustry earned her the Pama-AsGintong Bai award from the NationalCommission for Culture and the Arts,Gawad Saguisag Quezon Award,Gawad Plaridel from the University of thePhilippines College of Mass Communi-cation, and a Lifetime AchievementAward from the Kapisanan ng mga

OBiT

Saffron Revolution, making theminaccessible from the afternoonof Sept. 17.

Distributed Denial of Services(DDOS) attacks overwhelmed thewebsites of the Democratic Voiceof Burma (DVB), and the publica-tions The Irrawaddy and the NewEra Journal. DDOS attacks floodwebsites with so much auto-mated requests for data these jamtheir systems.

The websites of the three Bur-mese news agencies have notbeen responding since the after-noon of Sept. 17.

Mizzima, also an independentnews service run by exiled Bur-mese journalists in New Delhi,India, experienced a similarDDOS attack last July.

The Irrawaddy magazine, anindependent news provider runby Burmese journalists exiled inChiang Mai, Thailand, said itswebsite has been facing prob-lems since Sept. 16.

The Bangkok-based New EraJournal also confirmed that itswebsite is also under attack.

This is the second attackagainst the Oslo-based DVB inthe past three months.

The webmaster of the DVBsaid it is difficult to determine thelevel of the attack, adding thatthey could not predict when thesites will be accessible again.

“We do not know who is be-hind all this, but it is certain thatthese are deliberate attacks,” ToeZaw Latt said.

Sept. 18 marks the anniver-sary of the start of street protestsin Yangon which built up to aviolent military crackdown inBurma last year. Burmese jour-nalists—both inside and outsidethe country—have been worriedabout how Burma’s junta mightdeal with the anniversary of whathas come to be known as the “Saf-fron Revolution”.—SEAPA/Mizzima News Agency n

Brodkaster ng Pilipinas (Association ofBroadcasters of the Philippines).

SAMAD, 84SINGAPORE-BORN journalist Tan SriAbdul Samad Ismail, better known as PakSamad, died of a lung infection lastSept. 4.

Samad first worked as a cub reporterin the Malay daily Utusan Melayu in1940. He became a senior staffer andassistant editor during the war years.Samad was editor of the Japanese-runBerita Malai and Berita Harian. He wasmanaging editor and deputy editor inchief of the New Straits Times Group byage 49. He returned to the New StraitsTimes as editorial adviser in 1981 andagain in 2000.

He was also a founding father of thePeople’s Action Party along with formerSingapore Prime Minister Lee Kuan Yew.Samad moved to Kuala Lumpur, Malay-sia in 1959 after breaking ties with Lee.As an editor and mentor, he shaped printjournalism in Malaysia with critical ar-ticles on its political life.

Samad received the RamonMagsaysay Award for Journalism, Litera-ture and Creative Communication Arts in1994.

GUTHMAN, 89PULITZER PRIZE-winning investigativejournalist and editor Edwin O. Guthmandied on Aug. 31 after suffering from a raredisorder called amyloidosis, a complica-tion involving the abnormal buildup ofproteins in tissues and organs. He was 89.

In 1950, Guthman won the PulitzerPrize for his distinguished reports in TheSeattle Times. His pursuit of stories onthe Watergate scandal and associationwith the Kennedys earned him the ire ofPresident Richard Nixon and the numberthree spot on Nixon’s “enemies list”. Healso served as a press secretary for Attor-ney General Robert Kennedy.

Guthman earned a bachelor’s de-

gree in journalism from the Universityof Washington in 1941. He led news-papers in Los Angeles and Philadel-phia. He joined the Seattle Times in1947. He worked as a national editorof the Los Angeles Times from 1965 to1977. He transferred to the Philadel-phia Inquirer as an editorial and Op-Ed editor. After retiring in 1987, hetaught journalism at the University ofSouthern California (USC) AnnenbergSchool for Communication.

His honors and awards includeda Distinguished Alumnus Award fromthe University of Washington, and anhonorary doctorate of Human Lettersfrom Holy Family College in Philadel-phia. He was an inductee into theWashington State Hall of JournalisticAchievement at Washington State Uni-versity, and recipient of the Distin-guished Achievement in Journalismaward from the USC School of Journal-ism.

PALMER, 77BOB PALMER, a legendary Coloradotelevision news reporter and anchor,died of natural causes on Aug. 19. Hewas 77.

Palmer, who attended the Univer-sity of Colorado’s journalism school,started his career as a writer and re-porter at CBS4 (then known as theNBC-owned station KOA-TV and laterbecame KCNC TV) in 1957. He spent26 years with CBS4.

His 40-year career in the Coloradobroadcast included anchoring morethan 18,000 newscasts. Palmer wroteand reported the award-winning docu-mentary, “The Last of the HyphenatedAmericans”, an hour-long study onColorado’s Hispanic residents whichaired in 1964.

Palmer was an active member anda former president of the Denver PressClub. He was also among the first fourinductees in the club’s Hall of Fame. n

CRiSiSNATIONAL / INTERNATIONAL

Burma news sites attacked

THE WEBSITES of three leadingBurmese news agencies in exilewere attacked on the eve of thefirst anniversary of the week-long

PJR PJR PJR PJR PJR REPORTSOCTOBER 200816

AMONG students of journalism in the prov-inces, particularly in Tarlac, the idea ofcombining law and ethics as a subject fordiscussion elicits a myriad of opinions andreactions. But a clear line divides the ma-

jority of these views into two major schools of thought,so to speak.

PLANTING

n By Winifredo Liwanag Luis

THE SEEDSOF ETHICALPRACTICE

The first is the reactive re-sponse, by a group composedmostly of pseudo-activist stu-dents who include among theiractivities leading protest actions,or writing for the school paper.The other response, quite pre-dictably, is the passive response—from a group composed mainlyof half-hearted journalism stu-dents, or those who, in one wayor the other, simply found them-selves taking up the course.

Of course this is not a second-guess delineation, or a whimsi-cal, Solomonic view of the waythings are among students here.After eight years of teachingPress Law and Ethics at the TarlacState University, I may have afairly good assessment of theimpact of the subject.

I always start with the Con-stitutional provisions. We ana-lyze the nitty-gritty of the law—a chore where my legal educa-tion comes in handy—then pro-ceed to review cases, most ofteninvolving freedom of expression,where the issue of the constitu-tionality of a certain act is put inquestion. The latter part is dedi-cated to Ethics, and the ramifica-tions of ethical standards both inthe practice of the profession, andits significance in relation to ex-isting laws.

My experience is that manystudents are mesmerized withthe law. This after they get aglimpse of its uniqueness, its sci-

ence, its effects, its intricacy andits beauty. To the reactive stu-dents, the subject offers a view ofhow the law works, and how, ifproperly interpreted and appliedby the powers that be, it could bea potent weapon to defend rights.

The only problem with this“eagerness” and surprising inter-est (well, you know how boringa law lecture could be at times) isthat students tend to go overboardwith their questions. More oftenthan not, these are far-fetchedquestions—those that stretch theimagination too far and leaveyou wondering if the situationsthey imagine could really happen—or those which are completelyunrelated to the issue at hand.Blame it on the fascination withthe law. For instance, when theclass discusses the coverage of arape, or how to interview a rapevictim. The topic readily slidesinto details of the rape, the lawon rape, the definition of rape andhow the felony is committed, andso on and so forth.

This classroom behavior re-veals, first, a partial or total lackof knowledge of the law and, sec-ond, a misunderstanding of itsrelevance in everyday life. I wasastounded to hear from my stu-dents for example, that a sus-pected “akyat-bahay” gang mem-ber, or a suspected thief, had noright to complain against the irateresidents and barangay “tanods”who beat him up because the

poor guy “is a criminal”anway and therefore “de-served” the beating!

But this is not surpris-ing. The major televisionnetworks often show this kindof ethical and legal breach, dis-regarding individual rightsof suspects and vic-tims for the sake ofsensationalismand the usualratings.

Provincialmedia organi-zations, par-ticularly thosenot connectedwith major Manilamedia organizations,often employ and utilize studentjournalists to augment their per-sonnel. This training and expo-sure is one of the practical re-quirements of the students inschool. Eventually, some becomereporters. These former studentswould sometimes come by andpose questions involving ethicalissues. It is heartwarming to notethat their interest could dwell onthe ethical issues in what they doas journalists. I don’t want tothink that this is just young ide-alists’ way of justifying what theydo, but rather, a desire to makethings right.

But what I consider a greatstumbling block in the teachingof Press Law and Ethics, sad tosay, is our students’ deficiency inEnglish. Almost all local journal-ists are at home with the Filipinolanguage, not to say the variouslocal dialects in their particularregions. But not all are as adeptas their Manila counterparts. Thishas nothing to do however, withany inherent dislike of the lan-guage by provincial journalismstudents. This is probably due tothe prioritization of the nationallanguage and putting a premiumon the use of Filipino.

Not that I don’t love my ownlanguage, but that there is a prac-

tical side tom a s t e r i n g

E n g l i s h .P h i l i p -pine lawsthat ap-

ply to thepress are

based on the rightsenshrined in our Con-

stitution—a scripture weborrowed in form and con-

tent from the Americans.And most of these lawscan better be under-stood with a workingknowledge of the En-glish language. Sure, wehave the courts to inter-

pret the law for us. It wouldbe a lot better however ifeven before we went to thecourts, we could have a fairly

accurate assessment of our ac-tions as journalists.

The idealism of many jour-nalism students is what I believe

will carry them to a more mean-ingful practice of the professionin the years to come. The futureis promising. To be sure, the evilsof society will dog them no end.And the temptations to takeshortcuts, make a fast buck, orhave their integrity compro-mised for whatever purpose,will be always be there. My hopeis that the tiny seed of moraluprightness planted in the class-rooms where journalism andethics are taught will bear fruitin terms of professional and ethi-cal practice. n

Winifredo Liwanag Luis obtaineda Bachelor of Arts degree in Theater

Arts and Speech Communicationat the University of the Philip-

pines, and a Bachelor of Lawsdegree at the Lyceum of the

Philippines. A broad-caster, he is area head

for journalism at theTarlac State Univer-

sity.

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MANIX ABRERA