...... MARCH-APRIL• MARCH-APRIL 2009 ...... 2009 ...... 1

WHAT’SiNSIDE Unconstitutional May I be Media and The right to reply bills the last are unconstitutional; economic crisis I hope no other they abridge the The global economic journalist or media freedom of the press. meltdown has started practitioner will go to affect local media to prison after me. organizations.

UNEQUAL RELATIONS THETHE MEDIA,MEDIA, THETHE VFA—ANDVFA—AND THATTHAT ‘RAPE’‘RAPE’ n By Alaysa Tagumpay E. Escandor UZETTE NICOLAS’ expression of doubt that she had been raped made headlines. But the context seldom did. Nicolas is the “Nicole” who had complained that she had been raped by a United States Ma- Srine on Nov. 1, 2005, whose March 12, 2009 affidavit— almost four years after the alleged assault—did not out- rightly retract her claim of rape, but was wily enough to suggest the exact same thing. One of the results was a debate of sorts in the media on whether or not her name should now be revealed, since, going by her affidavit, she would now lose the protection media should accord victims of violent crimes by conceal- ing their real names. Turn to page 12

Photos by LITO OCAMPO 2 ...... • MARCH-APRIL 2009 ...... editor’sNOTE PUBLISHED BY THE CENTER FOR MEDIA FREEDOM & RESPONSIBILITY

Melinda Quintos de Jesus Publisher

Luis V. Teodoro Editor

State of war Hector Bryant L. Macale Assistant Editor APTLY TITLED “Getting Away With Murder 2009”, the Com- But the country may have more in common with failed mittee to Protect Journalists’ (CPJ) Impunity Index rates states and countries in a state of war than may seem on the Melanie Y. Pinlac the Philippines sixth among 14 countries with the worst surface. Kathryn Roja G. Raymundo records of unsolved cases of murdered journalists. The other Protected by one of the most liberal Constitutions in the Edsel Van DT. Dura countries ahead of it are Iraq, Sierra Leone, Somalia, Sri world, Filipino journalists are still being killed, among other Alaysa Tagumpay E. Escandor Lanka and Colombia. reasons because the charter’s provisions are too often Reporters The release of the Index in Manila last March 23 was observed in the breach rather than the observance by a itself significant. CPJ chose Manila because, as CPJ Southeast political class that pays lip service to press freedom but Arnel Rival Asia representative Shawn Crispin said during the launch actually despises it. Art Director ceremonies, “the Philippines has long been the poster child Press freedom is the official norm—but press freedom has of impunity.” been under constant threat in the last five years from the Lito Ocampo It’s a record that should shame the country’s so-called arrest of journalists, threats of sedition charges and Photographer leaders, but which apparently doesn’t, if we’re to judge from withdrawal of broadcast franchises, whimsical libel suits, the foot-dragging of the courts and the studied indifference, and outright imprisonment. Carol M. Paragele disguised for foreign consumption as pro-active commitment, The Constitution makes the protection of human rights Editorial Secretary of the police and the Department of Justice, in the prosecution state policy, but human rights continue to be violated, and of the killers of journalists and the masterminds. Not only their most egregious violators even celebrated by a regime Jose Abueva have 78 journalists been killed in the line of duty since 1986, engaged in a secret war that has been raging for decades, Joaquin Bernas, SJ of the 40 cases since 2001 when Gloria Macapagal Arroyo but of which few foreign observers are aware. Waged Melinda Quintos de Jesus came to power, only two have been resolved, and only partially primarily in the countryside, this war has claimed the lives Fulgencio Factoran (the masterminds have yet to be apprehended and tried in the of political activists as well as those of priests and judges, and Maribel Ongpin Damalerio and Esperat cases). the non-combatant kin of guerilla fighters. Tina Monzon Palma But what’s unique about the Philippines is not solely the The result is an official culture that regards most of the Paulynn Paredes Sicam number of journalists killed and its being sixth in the CPJ rights guaranteed by the Constitution as mere words Luis V. Teodoro Index. without meaning in the real world. For journalists, this Vergel O. Santos Iraq is still in a state of war. Sierra Leone’s civil war has has meant continuing threats, harassments, and the actual Board of Advisers intensified in violence. Civil unrest, clan warfare and assassination of practitioners despite Constitutional insurgency afflict Somalia. A civil war is raging in Sri Lanka. protection...... Insurgency and drug trafficking are savaging Colombia. The Philippines may not be as democratic as it seems. It Widely regarded as the home of a working democracy may not be at peace either, and its place in the CPJ Index not and as at peace, the Philippines seems an unlikely poster the anomaly that on the surface it seems to be. PJR Reports child of impunity, but is nevertheless ahead of seventh placer (Philippine Journalism Review Afghanistan—a country that’s been at war for decades—in Reports) is published by the the Index. Luis V. Teodoro Center for Media Freedom and Responsibility. All mail should be addressed to:

PRESSED FREEDOM Manix Abrera PJR Reports Center for Media Freedom and Responsibility 2/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: [email protected] Website: http://www.cmfr-phil.org

PJR Reports welcomes feedback and contributions on press and media issues. The publication of this issue is supported by a grant from the Open Society Institute...... • MARCH-APRIL 2009 ...... 3 frontPAGE speaking of

An affidavit by the MEDIA “victim” herself triggers a media debate. Bills that curtail hatched by three WB-funded Filipino “What I want the right to reply to do firms. The public went up the hill to call is to underscore the fact that that free- for heads to fall, the press went (down) dom—the freedom of the press, of to town calling the implicated compa- speech, of expression—is not the mo- nies and officials crooks, or as much so nopoly of the members of the Fourth as libel laws allowed. The result of all Estate. It also belongs to all the people— this sound and fury was to signify—and literate or not. to prove my point above—nothing. “Even if the right to reply becomes “Pimentel’s bill is a variation of this. a law, the press will continue to have Our problem is that despite having a in this the right to offend. There is no prior free press that does not fail to call crooks censorship that is being imposed by the crooks, our crooks do not fail to get away. right to reply bill. The obvious solution to everyone, in- “Who will assert the right of the cluding the truant kids in my neigh- ISSUE people to reply to the brickbats thrown borhood, is to not let the crooks get away. their way by irresponsible media prac- The solution to Pimentel is to not let the MARCH-APRIL 2009 titioners who take liberties with the press get away. reputation of whoever happens to have “That is what his bill does, whatever Unequal Relations incurred their ire? his intentions, whatever his motives. “If they are not members of the KBP There is nothing innocent about it. The The Media, the VFA—and that ‘Rape’ (Kapisanan ng mga Brodkaster ng Philippine Daily Inquirer has already ALAYSA TAGUMPAY E. ESCANDOR ...... 1 Pilipinas) or the PPI (Philippine Press pointed out the lunacy of his bill in its Institute), who will do the policing of editorials. I’ve done the same in several Context Missed their ranks? columns in past months. Suffice it to say EDSEL VAN DT. DURA ...... 6 “In an honest-to-goodness discourse here that this bill will stamp out criti- An ‘A’ for Effort on public issues, there should be room cism entirely. The Media on the World Bank Scandal for dispute, discussion and disagree- “Why on earth should media be KATHRYN ROJA G. RAYMUNDO ...... 7 ment. There should be space for civil scared per se about officials answering argument that need not degenerate into back? Media have always shown a Unconstitutional a brawl of cuss words or a melee of clash- higher IQ, if not higher moral standards MELANIE Y. PINLAC ...... 9 ing motives. (barring the crooks in media, who ar- “But until it is demonstrated that guably thrive as well), than public offi- What’s In a Name? they are able to do so, the right to reply cials. But you now criticize a public offi- A Rose by any other Name may not smell as Sweet bill must be enacted for the well-being cial, and whether he or she is guilty or KENNETH ROLAND A. GUDA ...... 13 of society.” not, he or she will have the right to oc- cupy space in your news. The guiltier, Senate Minority Leader Aquilino Q. A Tale of Survival the louder. Or worse, the lengthier. Pimentel, Jr., justifying the need for a Moving to the Web With elections in particular round the ALAYSA TAGUMPAY E. ESCANDOR ...... 14 Right of Reply law, corner, every official who gets criticized, www.pinoypress.net, Feb. 24. Pimentel Media and the Economic Crisis will get to strut his hour upon the stage, is the main sponsor of the Senate or its equivalent in media. That is still Advertisers in ‘Wait and See’ Mode version of the right of reply bill. HECTOR BRYANT L. MACALE ...... 15 another variation on government’s fa- vorite pastime of rewarding the guilty The view from the ground “The press is free to expose officials and punishing the innocent. as crooks, but the crooks remain free to Journalists on the Crisis “If you’re a newspaper or a radio or continue to steal anyway. Certainly HECTOR BRYANT L. MACALE ...... TV station, you will balk at criticizing a 16 they remain free. public official, or indeed even praising “It’s an incredible situation where Reporting the Crisis, Ignoring the Alternatives him or her—they can always construe words no longer seem to have any vis- KATHRYN ROJA G. RAYMUNDO ...... 18 it as faint praise—out of the absolute, ible effect on reality. That is the sound terrifying, spine-tingling fear not of HR reporting of a country losing its soul. him refuting you but of him robbing “I remember this in light of the Catching Up you of precious space. Still another fa- ‘right of reply’ bill sponsored by Nene HECTOR BRYANT L. MACALE ...... 20 vorite government pastime, robbing. Pimentel which has passed the Senate Space that could, and should, be used with no one opposing it and which is May I Be the Last for legitimate news, which you now ALEX ADONIS ...... due to pass the House anytime now. 24 have to allocate to illegitimate, or un- Frankly, I can’t understand why my paid, PR. Yet still other favorite govern- friend persists in ramming through this REGULAR SECTIONS ment pastimes, fomenting illegitimacy unmitigated folly. There’s nothing and not paying. That is the sound of more perverse and ill-timed. Editor’s Note...... 2 news dying. Or being strangled.” “We’ve just seen one of the most hor- Speaking of Media...... 3 rendous spectacles of official wrongdo- Conrado de Quiros on how the approval Monitor...... 4 ing ever to be sprung before us—quite a of the Right of Reply Bill will mean the feat given the procession of epic wrong- obstruction of public debate and Crisis...... 21 doing that has passed before our eyes— criticism of solons and officials in public Chronicle...... 23 in the form of the World Bank implicat- office, Right to reply, Philippine Daily Obit...... 23 ing the First Gentleman in a rip-off Inquirer, March 02, 2009. 4 ...... • MARCH-APRIL 2009 ...... CHEERS MONITOR JEERS

LETTERS TO THE EDITOR Disgraceful JEER JEERS TO The Ma- Rejoinder on “NUJP ousts chair” story nila Times columnist Alito L. Malinao for not check- Dear friends at the PJR Reports, OF THE ing the facts in a column on a decade-old e-mail hoax. But Let me clarify some points raised in the story that appeared cheers to his paper for quickly on your January-February issue. MONTH publishing an apology. 1. In paragraph 20, you wrote: “…the money (Rep. Mujiv) Last Feb. 17, Malinao pub- Hataman gave him was for that purpose (to buy something Nonsense lished excerpts from an open from Korea) as well as to buy gifts for his (Jose Torres) kid.” letter allegedly written by During the interview with your reporter I said that Mujiv JEERS TO the Manila American radio talk show host sent enough money so that I can also buy gifts for the kids Bulletin’s special report (plural), meaning our children (Mujiv’s and my daughter), Art Bell. The supposed Bell ar- last March 13 titled “President ticle, “Filipinos make me puke”, not kid. Gloria Macapagal Arroyo is LITO OCAMPO 2. In paragraph 32, you wrote: “National Union of Jour- vilified Filipinos and Filipino destined to finish her term of nonsense, going so far as to nalists of the Philippines (NUJP) treasurer Rowena Paraan culture in general. Malinao said that they were able to get hold of documents that proved office”, written by Genalyn D. claim that “the President’s added that Bell “first aired the that Torres got the money…. Paraan refused to mention her Kabiling. luck may have something to article in his radio program and source, but she said that they were able to get hold of the bank The story begins by saying do with the ghosts and ghouls rebroadcast throughout the information confirming the transfer of money from Hataman that Arroyo is “lucky” for hav- that regularly hang out in her US.” to Torres.” ing survived in office. As its century-old official residence “I suspect that Bell is a neo- I believe that the Bank Secrecy Law is still in effect and title declares, the article pre- in Manila.” Complex issues of Nazi or belongs to the white su- Paraan and her source can be liable of an illegal act by getting dicts that Arroyo will finish her public accountability and hold of such information. Any evidence obtained illegally is premacist group in the US term, despite the many alle- government responsibility whose consuming desire is to not acceptable in any court of law. What was there to prove by gations of corruption, fraud, were thus explained away, getting such information when I admitted that I received the wipe out from the face of the and human rights violations completely ignoring the money from Mujiv? Does it prove that I solicited the money? earth all black Americans, Jews 3. In paragraph 33, you wrote: “‘During the meeting, we against her, and the protests confluence of events and the and other non-white minori- showed him the proof,’ said NUJP deputy secretary-general against them. balance of forces in Philippine ties,” he wrote in a column piece Alwyn Alburo.” The article was no special politics that have enabled Ar- titled “The ugly American”. What proof? There was no proof presented except Julie report, but a prime example royo to survive the many chal- Malinao’s column “Men & n Alipala’s statement and my admission that Mujiv indeed sent of puffery and superstitious lenges against her rule. Events” also carried the reply me money. by a certain Filipina on Bell’s The facts have been twisted that I now tend to question the motive of NUJP in issuing such statement. alleged letter. Malinao wrote Mujiv and I have been friends for 20 years and we shared that he got the two letters from whatever we have—cars, clothes, money, food, etc. The sup- a former legal counsel of the posed reason I was removed as NUJP chair was my alleged National Press Club. solicitation, which I deny. BNPP The supposed Bell letter Anyway, let me express my gratitude to PJR Reports, for turned out to be a hoax, the getting my side of the story, and NUJP for taking seriously the same one that hit the Philippine issue of ethics in the profession. Daily Inquirer in July 2001. Now that I am out of media, I would like to challenge NUJP, In July 2001, former In- and the other media groups, to go all the way after those who quirer entertainment columnist are making the profession’s image bad, starting with NUJP HTTP://WWW.ARKIBONGBAYAN.ORG members (and even council members) who work for politi- Leah Salterio Gatdula wrote cians and interest groups of all shades in a regular or contrac- “Star Science” that commission- about the same letter, which tual basis. ing the BNPP would be a high she got also from e-mail. The Maybe the PJR Reports can do an investigative report on it Unsafe risk project as it severely vio- Philippine Journalism Review especially as the election season starts. The media owe the lated international safety stan- wrote about it in its September truth to us, ordinary citizens. CHEERS TO various news dards. The four-part report dis- 2001 issue. organizations for provid- cussed the scientists’ findings Two days after the Malinao Jose Torres Jr. ing background reports on the which said the plant was built column, the Times apologized Former chair mothballed Bataan Nuclear hastily and is unsafe because of and said that the columnist National Union of Journalists Power Plant (BNPP) instead of the possibility of earthquakes had failed to check the verac- of the Philippines the usual day-to-day coverage and volcanic eruptions. The re- ity of the hoax e-mail, which Our reporter misquoted Ms. Rowena Paraan re “bank of the revived issue. port also mentioned the prob- Bell has denied writing over documents”. What Ms. Paraan told PJR Reports was that Pending a bill at the House lems of storing or discarding the years. It added that the NUJP had confirmed that Mr. Torres indeed received money of Representatives, the govern- nuclear waste as well as its finan- editor in chief did not ask from Rep. Hataman. ment is studying if commission- cial pitfalls (“The geological haz- Malinao about the piece, “fol- Our apologies.—Editor ing the BNPP can boost the ards of the Bataan Nuclear Power lowing the paper’s policy of not country’s energy-generating Plant”, Feb. 19; Feb. 26; March subjecting columnists to cen- capacity. Kelvin Rodolfo, a pro- 5, and March 12) sorship and mistakenly pre- Gaza fessor emeritus at the Depart- Bulatlat published a related suming that the columnist ment of Earth and Environmen- article, “Revival (sic) of Bataan had exercised the elementary Dear Ms. Debbie Uy: tal Sciences in the University Nuclear Power Plant a Source of steps necessary to verify the of Illinois, and an adjunct pro- Corruption” (Jan. 31). Inter- accuracy of the e-mail that Thank you very much for your article (“When the media fessor at the National Institute viewing several experts, Bulatlat turned out to be a hoax.” stereotype”) in PJR Reports on the Gaza issue. of Geological Sciences of the said the BNPP is defective and The Times added that Bell More power to you all at PJR Reports. University of the Philippines, would be costly to operate. The had complained to the paper All the best, provided in his column at The report added that commissioning and threatened to sue. Philippine Star a history as well the plant would not solve the en- “We sincerely apologize for Herbert Docena as analysis of the plant’s con- ergy crisis and suggested that the the pain and inconvenience Stop the War Coalition struction, a project of former government should instead focus that Malinao’s column might of the Philippines President Ferdinand Marcos. on harnessing indigenous and have caused Art Bell and his Rodolfo showed in his column sustainable energy resources. family,” the Times wrote, re- ...... • MARCH-APRIL 2009 ...... 5 CHEERS MONITOR JEERS tracting the column piece and adding that the paper did not act with malice toward Bell. TWIN ground, the show devoted a Malinao also wrote an apol- good part of its opening spiel ogy and retraction on the same CHEERS to how Drilon, along with day. “(W)e retract the allega- cameraman Jimmy Alcan- tions that we have unwittingly tara and assistant camera- attributed to him in our column AND man Angelo Valderrama, and sincerely apologize for the survived her own life-threat- pain and inconvenience that our ening experience during her column might have brought to JEERS LITO OCAMPO Abu Sayyaf kidnapping. Mr. Bell and his family,” he The special, however, should The show attempts to put wrote. The column also included OF THE have analyzed further the pre- a positive spin on crisis situa- Bell’s complaint, as well as e- vailing global capitalist system tions by emphasizing the mails supporting Bell. and its role in the current down- fighting spirit of Filipinos. The MONTH turn. Government efforts in ad- show earns points in its at- Helpful dressing the situation, including tempt to humanize reports Useful the closet policy of exporting Fili- that have become so ordinary CHEERS TO Manila Stan- pino labor, should have been they no longer engage audi- dard Today columnist CHEERS AND scrutinized as well. ence emotions. Antonio Abaya for reminding jeers to GMA-7 for With an issue as compelling In its first episode, the show readers of the cases of Maj. Gen. a documentary on the global as the effect of the global reces- presented the story of Jeyson Carlos F. Garcia, former comp- economic downturn and its sion on the local economy, Himmayod, one of the 16 troller of the Armed Forces of the effect on the Philippine Walang Pera should have also miners who were trapped in Philippines, and his wife and economy. Aired last March done away with the distracting the underground mine Anta- three sons. 22, Walang Pera (No Money) background music, dazzling vi- mok Goldfield in Benguet dur- While other reports merely explained the crisis and its suals, unnecessary re-enact- ing typhoon “Nina” which wrote about the arrest of roots, with focus on its impact ment of certain scenes by a caused the collapse of two di- LITO OCAMPO Garcia’s wife and a son by on the local economy. The spe- popular actress, and the bom- version tunnels. The show at- United States authorities last cial featured case studies of bastic script delivery by Mike tempted to portray the condi- Drug problem March 5 in Michigan and the Filipino workers and indus- Enriquez. tions of the miners and their earlier arrest of two other sons tries affected by the crisis. relationship to one another. CHEERS TO VERA Files for also in the US, Abaya recalled Walang Pera was broadcast in Survivors Many details were helpful its report on the weak- the issues involving the family, Filipino, much to the benefit in making the travails of the nesses of the government’s anti- including the charges filed of the masa watching and try- JEERS AND cheers miners real to TV audiences. drug campaign. against them and the military ing to understand the complex to ABS-CBN’s new But some of the more obvious The report demonstrated court-martial proceedings issue. series I Survived. The March 19 details were missing, such as through case studies and inter- against Garcia. (“Justice in show featured, as the title sug- whether the miners were views how flaws in investiga- SloMo”, March 10) gests, stories on survival. The wearing proper gear and had tion, appreciating evidence, The press needs to remind series is hosted by Ces Drilon, proper equipment, whether and prosecution failures have the public about the issues in and although hosts, like report- the mining site was safe and hobbled the campaign (“Pros- what it reports, especially when ers, must stay in the back- why it caved in and flooded. ecution flaws bog down fight vs they involve allegations of drugs”, Feb. 16, http:// wrongdoing and have been www.verafiles.org/index.php/ dragging on for years, such as rapper Francis Magalona versation. The public could focus/178-prosecution-flaws- the Garcia case. which made it seem like the big- have done without this space bog-down-fight-vs-drugs-). The gest news event of the year filler. report also provided a list of the No sense (March 6). TEN’s two-minute Since its relaunch in August status of drug cases. news report should have been of last year, TEN has undergone VERA Files explained the JEERS TO The Daily Tri- enough. But the anchors chose several changes, including powers of the Department of bune for an article that to spend almost four minutes of adopting a “lighter” approach Justice secretary who could mainly relied on one source. precious air time sharing before in delivering news and allow- uphold and/or reverse cases and Much of the Feb. 15 article Bleeding it dry the cameras their personal en- ing anchors to comment on the the recommendations of pros- “PDEA (Philippine Drug En- counters with and opinions events they’re reporting. ecutors. The report also re- forcement Agency) backs Pal- JEERS TO Saksi for prac- about the rapper. viewed the cases of Chinese na- ace review of Department of tically devoting its March Some of their comments: Senseless report tional Cai Qing Hai, one of Asia’s Justice (DoJ) decisions, reso- 6 episode to the death of artist “…(H)indi lang sa music meron most wanted drug manufactur- lutions” touched on the mer- and singer Francis Magalona. siyang patriotism na ipinakita JEERS TO GMA-7 for ers and traffickers, and of the its of Administrative Order The 30-minute newscast fea- kundi through his artistry, making a big fuss over one “Alabang Boys”. 253, which Malacañang is- tured various aspects of the life through his work (…he showed of its reporters’ engagement. sued and which requires a re- and death of Magalona, a tal- patriotism not only through Last Feb. 19, 24 Oras and Saksi Trend of drug trade view of the drug cases dis- ent of GMA-7 (which airs Saksi), music but through his artistry, reported the engagement of one missed by the DoJ. The article except for a measly two minutes through his work)…He just of its reporters to her longtime CHEERS TO GMA News failed to look into whether that addressed vital issues like gave us a movement, our gen- boyfriend. For example, in what Research for an informa- such a response was adequate the revival of the Dacer-Corbito eration. He touched a lot of lives they called “usapang pam- tive report on current trends in to stem the drug problem. double murder case and oil including mine (Andanar).” pakilig”, Saksi devoted 40 sec- the Philippine drug trade. Virtually all of the quotes in prices. “…(W)e cannot express the sad- onds discussing how the The Feb. 12 report found that the article came from a single ness and we’re very glad he reporter’s lover put the footage illegal drug laboratories in the source, PDEA Dir. Gen. Unconstructive walked this earth for 44 years of his proposal on the online past three years have prolifer- Dionisio Santiago. and we have a very simple trib- video hosting site YouTube, and ated and that drug traffickers Representatives from other JEERS TO ABC-5’s The ute for the master rapper, the inserted a sound bite where the have moved them to isolated agencies, officials, and stake- Evening News (TEN) an- icon, and the modern Filipino reporter said she had been wait- rural villages outside Manila to holders should have been inter- chors Martin Andanar and hero (Mercado).” ing a long time for the proposal. avoid detection. The report was viewed to balance Santiago’s Cheri Mercado for their hyped- No useful information was All this for a story of no public based on data from the Philip- statements. But no such luck. „ up comments on the passing of shared during the entire con- significance. n pine Drug Enforcement Agency 6 ...... • MARCH-APRIL 2009 ...... CHEERS MONITOR JEERS

(PDEA) on the “shabu” (crystal metamphetamine hydrochlo- ride) laboratories dismantled from 2006 to 2008. CONTEXT MISSED This shows that the Philip- pines is no longer a mere im- Reports provided little attention to the context porter of illegal drugs but also “a vital link in the production, of the Legacy Group shutdown distribution and consumption of illegal drugs in the region.” The article “From the city to the barrio: Shabu labs moving out of Metro Manila” also pro- vided graphs and other visuals to explain the meaning of PDEA data. (http://www.gmanews. n By Edsel Van DT. Dura tv./story/148515/From-the- city-to-the-barrio-Shabu-labs- HE DECEMBER 2008 shutdown of the Legacy moving-out-of-Metro-Manila) Group, an umbrella organization of financial services and affiliate firms, once again drew public attention to the local pre-need industry mess. The volume of media coverage on the is- sueT noticeably increased as a result. Much of the recent coverage biggest beneficiary of the trust focused on the bankruptcy of the fund investments by pre-need rural banks and pre-need com- companies. About P57 billion Angeles panies of the Legacy Group, and (60.8%) of the P94 billion trust the alleged excesses of its owner fund total was invested in gov- Celso de los Angeles Jr. The press ernment securities in 2006. also gave ample coverage to the The failure in 2005 of com- LITO OCAMPO plight of plan holders and inves- panies such as the College Assur- tors affected by the collapse of ance Plans Philippines Inc. and Cold line the Group. Pacific Plans Inc. highlighted the While there were laudable industry’s problems. in-depth reports on the issue, the The viability of pre-need CHEERS TO abs-cbn press—as usual—paid little at- plans has been questioned be- NEWS.com for a Feb. 3 re- tention to context, specifically in cause these pre-need companies port that demonstrated in prac- terms of providing information failed to fulfill their obligations tice journalism’s being a disci- on the history of the pre-need in- to their plan holders. Factors pline of verification. dustry from its unprecedented that contributed to the collapse The story reported that the growth in the early years of its included: “(i) deregulation of “24/7” hotline of the Depart- introduction to the market to its tuition fees in 1992 that led to ment of Labor and Employment present decline. the skyrocketing of such fees; (ii) (DOLE) for workers displaced by Providing that context lower interest yields on trust Philip Piccio of the Parents Enabling Parents (PEP) coalition the global financial crisis kept would have allowed the public fund investments due to the panies and their affiliates; and ment of the House of Represen- ringing without anyone an- to make an informed assessment 1997 Asian financial crisis; (iii) corporate indiscretion,” accord- tatives (http://www.congress. swering (“DOLE’s global reces- of what the government has weak regulation; (iv) inappro- ing to the Policy Advisory No. gov.ph/download/cpbd/07-Pre- sion ‘hotline,’ not working”). The done to protect consumers. The priate accounting practice; (v) 2008-07 of the Congressional Need.pdf). reporter twice called the hotline: government was after all the collusion among pre-need com- Planning and Budget Depart- There are bills pending in at about 4 a.m. and again at Congress assigning the Insur- 6:19 a.m. ance Commission (IC) as regu- A labor official explained lator of the pre-need industry, why no one was answering its but the press has mostly relied much-publicized “hotline”, on the same government offi- which DOLE said has been op- cials and industry players to erational since Jan. 30. He said comment on the capacity of the the telephone line had failed on IC to monitor and its competence the same day it was supposed to to regulate another industry. have been operational. The offi- Pre-need companies are cur- cial added that their office has rently under regulation by the yet to repair the “vital hotline” Securities and Exchange Com- that Labor secretary Marianito mission since pre-need plans are Roque himself announced, but not insurance products but in- which now seems to have joined vestment instruments, or secu- the ranks of such other publi- rities. The press should have also cized but non-working “hot- devoted space to the prognosis of lines” as those of the Philippine independent analysts and think- National Police and the Depart- tanks to deepen its reports. ment of Transportation and The Legacy Group mess thus Communication. became one more missed oppor- (http://www.abs- tunity for the press to provide cbnnews.com/nation/02/03/ the information that could help 09/doles/-global-recession- the public make sense of what’s hotline-not-working) n Legacy Group’s alleged victims Photos by LITO OCAMPO happening. n ...... • MARCH-APRIL 2009 ...... 7 An ‘A’ for Effort THE MEDIA ON THE WORLD BANK SCANDAL The usual press failures highlighted the World Bank controversy coverage

Sen. Santiago Photos by LITO OCAMPO n By Kathryn Roja G. Raymundo put in place a compliance pro- HE DAILY coverage of the World Bank (WB) gram satisfactory to the Bank. NRIMP is a partnership be- report controversy highlighted the usual fail- tween the WB and Philippine ures of the press: a focus on personalities, government designed to up- sound bite-driven reporting, lack of background grade the country’s road net- information and context, limited perspective, works, build new roads, and ad- andT insufficient analysis. dress weaknesses in road project management. The WB partially But the Manila press also de- ments, and numerous inter- financed NRIMP with a $150- serves an “A” if only for its ef- views suggesting the possibility million loan. NRIMP 1 was closed forts to produce investigative of a conspiracy. The WB did not in March 2007. It supposedly and explanatory reports on an award the sanctioned firms the helped in building and resurfac- admittedly complex issue. contracts, which were worth an ing 1,400 kilometers of roads PJR Reports monitored three estimated $33 million. and improved the financial newspapers (Philippine Daily In- The WB Sanctions Board, quirer, The Philippine Star, and made up of external legal experts Manila Bulletin), three television and senior WB staff, debarred The press also left news programs (TV Patrol World, E.C. de Luna Construction Corp. Ombudsman Merceditas Gutierrez several questions 24 Oras, and Teledyaryo), and and Eduardo C. de Luna indefi- influence improperly the ac- defines collusive practice as “an selected news web sites from nitely from bidding on WB tions of another party” and arrangement between two or raised during the Jan. 14—when the WB black- projects. These were the first fraudulent practice as “any act more parties designed to achieve listed seven firms and one indi- permanent debarments, the or omission, including a misrep- an improper purpose, including Senate Inquiry on vidual from bidding on WB strongest possible sanction, by resentation, that knowingly or to influence improperly the ac- Group contracts for collusive WB since 2004. The WB also recklessly misleads, or attempts tions of another party.” the controversy practices that constitute fraud sanctioned China Road and to mislead, a party to obtain a The debarment periods can unanswered and corruption—to Feb. 15, more Bridge Corp. (barred for eight financial or other benefit or to be reduced to a lesser number of than a week after a senator ac- years); China State Construc- avoid an obligation.” The WB years or terminated if the firms cused the husband of President tion Corp. (barred for six years); Gloria Macapagal Arroyo of in- China Wu Yi Co. Ltd. (barred for volvement with a disqualified six years); China Geo-Engineer- firm and one individual. ing Corp. (barred for five years); Cavite Ideal International Con- Background struction and Development The WB’s Integrity Vice Corp. (barred for four years); Presidency (INT, formerly and CM Pancho Construction, known as the Department of In- Inc. (barred for four years). stitutional Integrity) found evi- In Aug. 2008, the WB de- dence of the existence of a major barred for four years Korean cartel involving local and inter- firm Dongsung Construction Co. national firms bidding on con- Ltd. (Dongsung) for fraudulent tracts under phase one of the and corrupt practices in relation Philippine National Roads Im- to the NRIMP 1 case. Dongsung provement and Management did not contest the Bank’s accu- Program (NRIMP 1). There sations while the rest argued seemed to be excessive pricing that the Bank did not follow due and possible wrongdoing with process in sanctioning them. regard to the bidding processes. The WB Sanctions Proce- The investigation was the result dures define corrupt practice as of the analysis of the procure- “the offering, giving, receiving ment process in which the firms or soliciting, directly or indi- participated, available docu- rectly, of anything of value to Senate investigation of the World Bank controversy 8 ...... • MARCH-APRIL 2009 ......

management of road projects volved Mike Arroyo (“Contro- under the Department of Public versies involving First Gentle- Works and Highways (DPWH). man Jose Miguel Arroyo”, http:/ Phase two will still be supported /www.gmanews.tv/story/ by the Bank despite the prob- 147857/Controversies-involv- lems encountered with phase ing-First-Gentleman-Jose- one. Phase two is designed with Miguel-Arroyo, Feb. 8) even tighter anti-corruption Star’s columnist Jose Sison mechanisms and its implemen- discussed the legality of using tation will be monitored by the the report in investigating and civil society group Bantay addressing the collusion issue. Lansangan (Road Watch). Sison said the authorities may use the report to lead them to What the press missed more substantial evidence to Despite the significance and prove fraud and corruption repercussions of the possibility [“Hearsay?”, Law Each Day of unlawful activities involv- (Keeps Trouble Away), Feb. 16]. ing the country’s biggest hold- The Star also published two ers of infrastructure project issues of Inbox World (Readers’ contracts, the WB issue gained views and opinions on top issues sufficient media mileage when of the day) on the WB contro- Sen. Panfilo Lacson involved versy. Last Feb. 4, the views an- presidential spouse Jose Miguel swered the question “What do “Mike” Arroyo in the contro- you think will be the impact of versy. Few and far between, the World Bank’s blacklist of the initial reports were based Some of the contractors blacklisted by the World Bank testify at the Senate investigation. firms allegedly involved in cor- on developments in the House blame game among officials or of video footage, broadcasting did firm involved in WB projects in ruption?” Some of the views of Representatives and Senate the unnecessary bashing of the very little to stimulate public the country. were: the timing couldn’t be hearings. WB would have been avoided if discussion. Other events such as In another story, PCIJ found any worse, it was a wake-up call, Media coverage was limited the reporting had not been once the “Alabang Boys” issue, the that the entire road project was the government is party to this to the sound bites or quotes of the again limited to the he-said-she- death of former President Joseph ridden with corruption, with sham, WB might rethink fund- personalities involved in the of- said variety. Estrada’s mother, U.S. President the involvement of a cartel of ing, another black eye for the ficial investigations. The stories The press should have also Barack Obama’s inauguration kickback-takers tolerated and Philippines, high time to mend were about the naming of the consulted concerned civil soci- took precedence over the WB supported by the highest offi- our ways, etc. Last Feb. 19, the debarred firms, Senate econom- ety groups but it seldom did, controversy. cials of the Philippine govern- Star asked if readers find the WB ics committee chair Sen. Miriam and could have recalled other ment (“$45M lost to bribes for report on corruption in the Phil- Defensor Santiago’s musings studies or experiences about Exceptions ‘cartel’ backed by DPWH execs, ippines credible. The answers in- and angry outbursts, and the similar events and investiga- Several news organizations pols”). PCIJ also tried to look cluded: product of thorough in- reactions of House representa- tions. The comparison could did do more than the usual into the WB probe and the im- vestigation; yes, but not its en- tives and other senators. have assisted the easier under- day-to-day reporting. Online mediate dismissal it got from tirety; the bitter truth; very It would have helped clear standing of the significance of news media outlets and com- the House. A sidebar noted that credible; WB has no reason to the wrong perception that the the WB controversy. It mentaries provided much some of the investigating House lie; it’s old hat; WB should bare WB report was the same as court wouldn’t have hurt for the needed analyses. representatives had business all; and the report should be an evidence or perhaps an investi- press to provide background Although it was not within interests and/or assets in con- eye opener. gative piece if the content of the information on the NRIMP. the monitor period, the Philip- struction (“World Bank, DWPH The Inquirer’s Solita Collas- WB report, how it came about, Details on how the interna- pine Center for Investigative review same bids but draw op- Monsod emphasized what the and what its purpose is had been tional community and other Journalism (PCIJ) released a posite conclusions”). PCIJ ana- point of the WB controversy was: noted early on. There were few lending agencies were reacting report in March last year on lyzed the WB report itself “...infrastructure projects in this reports on what the conse- to the controversy would have graft in official development as- (“World Bank report: A mix of country are not only fraught quences of the investigation and presented a bigger picture of the sistance (ODA) projects, an ex- facts, rumor, innuendo”). It in- with corruption, but this corrup- the debarment of the firms culture of wrongdoing and in- ample of which is the NRIMP. cluded how the WB came up tion is (also) organized, institu- would be to the infrastructure competence in public office. The The report said the WB has re- with the report explaining the tionalized as it were, in a collu- and construction industry in media would not have had to go jected bids for road projects due process used and naming the sive (syndicate) effort involving the country, as well as on gov- far. The coverage could have to what it called “strong signs of people involved in creating the Department Public Works and ernance and the public. The included how the lives of ordi- collusion and excessive pric- report. Highways (DPWH) officials, con- media should have asked and nary people would or could be ing.” As early as then, the WB Abs-cbnNEWS.com/ tractors and politicians. The ac- answered how various sectors affected, or if they even still care had reported the possibility of a Newsbreak released a timeline of tors may change over time, but would be affected. at all about what is happening cartel and the bribery of officials the WB controversy (“Timeline: the system is firmly in place The sources of the reports around them. Perhaps the lack to ensure the bagging of major The road to the World Bank (“Syndicated corruption”, Get were mostly government agen- of public outrage could be partly projects. controvesy”, http://www.abs- Real, Feb. 7).” cies and officials. The perspec- blamed for the failure of the PCIJ has done several reports cbnnews.com/nation/02/13/ Perhaps the political culture tive and stories of the immedi- press to inform them and en- on the issue. The series of reports 09/timeline-road-world--bank- could only change organically ately concerned agencies and courage collective social action. “Corruption in road projects” controversy, Feb. 13). Abs- and systematically to favor the individuals were presented late The press also missed the op- looked into the relations among cbnNEWS.com/Newsbreak dis- public’s need instead of self-in- in the coverage: the WB, the portunity to review the effi- the public works contracts of the cussed how the WB reports led terest when the press, as hold- DPWH, the Department of Fi- ciency and weaknesses of the DPWH, the participating firms, four countries to investigate and ers of information, rise above its nance, government procure- current procurement law. From and the billions of pesos going prosecute erring contractors and usual, already-tested-but- ment agencies, the Office of the lessons learned in the WB expe- into the projects. The reports government officials (“World found-wanting reporting. The Ombudsman, the seven black- rience, the reports could have provided a short profile of the Bank reports helped 4 nations media can largely impact listed firms and individual. included recommendations for companies named in the WB re- catch crooks”, http://www.abs- change if they can continuously Their sides of the story were the improvement of the law by port, including the value of their cbnnews.com/nation/02/21/ draw citizen attention to the ills mentioned in the news reports. making its implementors more awarded contracts. The reports 09/wb-reports-helped-4-nations- of society. It bears repeating that But the inconsistencies in accountable. also included an interview with catch-crooks, Feb. 21). substantive, creative, and com- their statements, their track Television coverage consisted Japanese contractor Tomato GMANews.TV contextualized mitted reporting can help efforts records, their positions on the mostly of regular news reports Suzuka who said he had met the alleged involvement of the at transparency and account- blacklisting, and what they plan and updates. Still dependent on with Mike Arroyo when he was first gentleman enumerating ability, and reform public to do were sorely missing. The sound bites and the availability trying to get his construction the controversies which in- policy. n ...... • MARCH-APRIL 2009 ...... 9 UNCONSTITUTIONAL Legislation to ensure fair reporting undermines press freedom

n By Melanie Y. Pinlac

HEN THE constitutional commissioners drafted the 1987 Philippine Constitution, they expanded the coverage of Article III, Section 4 to include the explicit pro- tection of freedom of expression. A simi- Wlar provision in the 1973 Constitution does not include the protection of freedom of expression. Bagares Article III, Section 4 reads: fense) for unlimited media mile- “No law shall be passed abridg- The right of age. Neither version requires ing the freedom of speech, of ex- the complainant to prove alle- pression, or of the press, or the reply bills erode gations of bias or unfair report- right of the people peaceably to ing. assemble and petition the govern- the prerogative GMA Network, Inc. in an of- ment for redress of grievances.” ficial statement expressed con- Despite this Constitutional to edit and cern that: “Resolving disputes of provision, several Filipino law- what constitutes an innuendo makers are keen on passing a law publish could tie up a media organiza- that presents dangers to the tion in litigation and distract it practice of independent journal- from its primary role.” ism. right of reply bills would com- Some organizations also said promise the freedom of news or- that Congress is keen on passing The “right of reply” bills, Pavia signs a petition against the right of reply bills. passed in Senate and now pend- ganizations to edit and publish. these bills because of the na- ing at the House of Representa- Media organizations say tional elections next year. involvement of both Pimentel tives, would compel news orga- there is no need for legislation to Asked if the bills are legally Nonoy Espina, vice chair of the and Puentevella in the forma- nizations to publish replies from ensure fair and balanced report- sound, lawyer Rommel Bagares, NUJP, added that the bill is tion of the bills. “It is both un- news subjects. The House version ing. The major news organiza- executive director of the Center likely to be used by the politi- fortunate and ironic that the [House Bill (HB) no. 3306] spon- tions promote compliance with for International Law and a cians for their personal agenda principal authors of the bill in sored by Rep. Monico Puente- the Philippine Journalist’s Code former reporter for The Philippine especially with the 2010 elec- the two chambers of Congress vella, while the Senate version of Ethics. Newsrooms in Manila Star, said in a University of the tions coming near. ought to have known better, [Senate Bill (SB) no. 2150] came and Cebu also have their own Philippines (UP) forum that the Espina said: “Once again, Senator Aquilino Pimentel Jr. from Sen. Aquilino Pimentel Jr. ethics and professional manuals “(right of reply bill) is inconsis- press freedom is under siege having earned his reputation as Both right of reply bills pro- that reporters and other staff tent with constitutional thresh- from political forces insidiously a champion of civil rights and vide “all persons...who are ac- have to follow. olds of tolerance of criticisms as trying to further their personal Bacolod Rep. Monico Puente- cused directly or indirectly of The National Union of Jour- applied to public officials.” agenda, this time through leg- vella having been president of committing or having commit- nalists of the Philippines (NUJP) National Union of Peoples’ islature. Elections are coming the Negros Press Club.” ted or of intending to commit has expressed dismay over the Lawyers secretary general Neri up and enacting this bill into law any crime or offense defined by Colmenares also said in a press will benefit those who want to law or are criticized by innu- conference last Feb. 24 that the deflect criticism and gain media endo, suggestion or rumor for right of reply bills manifest prior mileage.” any lapse in behavior in public restraint and undermine the or private life…(to) have the freedom of editors to choose what Dire effects right to (of in HB 3306) reply to to air or print. Media organizations fear dire the charges published or printed Colmenares added that the effects like closure and bank- in newspapers, magazines, provisions of the SB 2150 and HB ruptcy if right of reply law is newsletters or publications cir- 3306 are vague and subject to passed. The bills impose mon- culated commercially or for misinterpretation. “There are etary penalties for news organi- free, or to criticisms aired or vague provisions in which the zations caught not publishing broadcast over radio, television, elements of the crime are not the replies. In the House version, websites or through any elec- specified.” the fines range from P10,000- tronic device.” P200,000 plus imprisonment Vague and suspension of franchise of Unconstitutional Journalists and media the news organization both for Journalists and legal experts groups say government officials 30 days on the fifth and succeed- have pointed out that the right could use the vague provisions ing offenses. The Senate version of reply bills are unconstitu- of the bills (like the non-differ- imposes fines of P10,000- tional since they are an abridge- entiation between fact and com- P50,000. ment of the freedom of the press. ment and the lack of a specific “The shoe string operations Most journalists believe the Pimentel Photos by LITO OCAMPO agency to determine the of- that characterize much of the 10 ...... • MARCH-APRIL 2009 ...... media in the communities will th either fall in line to conform with SOME MAJOR BILLS ON MEDIA PENDING IN THE 14 CONGRESS the demands of every group or ON LIBEL ON ACCESS TO INFORMATION ON PROTECTING SOURCES individual likely to demand space or air time for replies, or Bill no. House Bill (HB) no. 5760 (substitute bill Senate Bill (SB) no. 2571 HB 430 else cease operations altogether for HBs 2802, 4914, 2133, 2791, and in the face of the psychic and 3535) material costs of steering clear of fines and/or prison terms by Title “An Act making any discussion of any The Freedom Of Information Act of “An Act Amending Republic Act reorienting their reporting and matter of public concern, or criticism of 2008, also known as “An Act no. 53, as amended, otherwise official conduct or the conduct of public Implementing The Right of Access to known as ‘An Act to Exempt the comment, and in the process figures, qualifiedly privileged, increasing Information on Matters of Public Publisher, Editor or Reporter of surrendering their autonomy,” fines for the crime of libel, and providing Concern Guaranteed under Section any publication from revealing the Center for Media Freedom for the venue of libel cases filed against 28, Article II and Section 7, Article III the source of published news or and Responsibility (CMFR) said community journalists, their editors, of the 1987 Constitution and for Other information obtained in in a statement. business managers or publishers, Purposes” Confidence’ by including within News media organizations amending for the purpose Articles 354, its coverage journalists from not only face problems of closure 355, 356, 357, 360 and 361 of (Republic) broadcast, news agencies, and but also the chilling effect the Act no. 3815, otherwise known as the internet publications.” bills have on practitioners. Revised Penal Code of the Philippines” Kapisanan ng mga Brodkaster ng Pilipinas (KBP/Association of Authors/Sponsors Reps. Giorgidi Aggabao, Rufus Sen. Loren Legarda Main author: Rep. Raul Del Mar; Broadcasters of the Philippines) Rodriguez, Salvador Escudero III, co-authors: Reps. Edgardo Chatto, Prospero Nograles, Satur Ocampo, Bienvenido Abante Jr., Jeci Lapus, chair Herman Basbaños during Teodoro Casiño Jr., Lisa Maza, Juan Edgardo Angara, Irwin Tieng, a February 28 dialogue spon- Luzviminda Ilagan, Rafael Eduardo Zialcita, and Pedro sored by the journalists’ group Mariano, Crispin Beltran, Neptali Romualdo Samahang Plaridel called the Gonzales II, Del De Guzman, Victor right of reply “an intrusion to Agbayani, Rene Velarde, and Roman editorial discretion or judgment Romulo as per Committee Report No. of news organizations.” He ex- 1656 (As of March 2009, the party-list plained that the prioritization of representatives--names in bold—had news that should come out of withdrawn their support for HB 5760 programs would be compro- because the final draft did not remove the penalty of imprisonment for libel.) mised, as CMFR pointed out in its statement. Both SB 2150 and HB 3306 Legislative status Approved on Second Reading (House Filed on Aug. 27, 2008 / Approved on Approved on Third and Final Speaker Prospero Nograles told First Reading /Referred to the Reading on Feb. 19, 2008 / state that editors should publish GMANews.TV last March 4 that the Committee on Public Information and Transmitted to Senate on and air replies in the same space bill’s approval on third reading had been Mass Media Feb. 21, 2008 as the news report/comment deferred because the provisions on the questioned. Editors would also deletion of imprisonment “did not see lose control over the content of print” in the draft.) the reply since they cannot edit the replies except for libelous Pros • Orders that libel cases against a • Prioritize/ reinforce the right of the • Expands the coverage of the statements. The date of the pub- community newspaper/media public to access information/ Sotto Law to also cover the lication of the reply is also speci- organization be filed before the RTC documents concerning broadcast medium, news/wire fied in the bills—24 hours after whose jurisdiction covers its office government transactions agencies, and online the receipt of the reply in HB • Malice against public office is not • Puts burden of proof on publications. The Sotto Law, 3306 and three days in SB 2150. immediately assumed government offices/officials for also known as the Shield Law, “It’s tantamount to legislat- • Treats discussion of public concern or not disclosing information provides journalists protection criticism of official conduct of public • Provides legal remedies if access from being forced to disclose ing editorial content and judg- figures as privileged communication is denied / Imposes criminal and their sources. ment,” journalist Ed Lingao under in Art. 354 (Requirement for civil liabilities against public said. publicity and malice) officials Luis V. Teodoro, CMFR • The court may admit as evidence • Promotes transparency in all deputy director, also said in a UP “the truth of the imputation of the branches of government forum that “Practitioners as a acts or omission constituting the result will be pressured by edi- crime” tors for fear of penalties stipu- lated in the right of reply bills. Cons • The criminal aspect of libel is • Some of the provisions could limit The editors will be forced to be retained media’s access to public/official the enforcers of the law in the • Increases fines in Articles 355 (Libel documents by means of writings or similar • There is no provision for the newsrooms as well as in the op- means) and Art. 357 (Prohibited declassification of pertinent ed pages, where they don’t cur- publication of acts referred to in the documents after a number of rently supervise most colum- course of official proceedings) to years nists.” He added that the gov- P100,000-P300,000 and in Art. 356 ernment does not understand (Threatening to publish and offer to how the press works. “The prob- present such publication for lem with government regula- compensation) to P50,000- tion is that government has nei- P100,000 ther the honesty nor compe- tence to do it.” There are similar bills on libel pending The House version of the Freedom of SB 165, a bill which also seeks to before the Senate:· Information Act (HB 3732) was include broadcast and online Available venues for redress • SB 2108 on the differentiation of passed in May 2008. Its main media in the Sotto Law, is still at Philippine media groups ar- political and personal libel by Sen. sponsor is Rep. Lorenzo Tañada III. the committee level. This was filed gue that they have respected Richard Gordon· by Sen. Ramon Revilla Jr. the public’s right of reply even • SBs. 5, 110, 223, 918, and 1403 on (Other bills on access to information without legislation. Several in- the abolition of the penalty of are pending before the Senate.) stitutions have been established imprisonment or decriminalization primarily to address the con- of libel ...... • MARCH-APRIL 2009 ...... 11

A COMPARISON OF THE HOUSE AND SENATE VERSIONS OF THE RIGHT OF REPLY BILL

Bill no. Senate Bill (SB) no. 2150 House Bill (HB) no. 3306 (Substitute (Substitute bill for SB 1178) also bill for HBs 162 and 1001 ) also known as “An Act Granting The Act known as “An Act Granting The Act of of Reply and Providing Penalties for Reply and Providing Penalties for Violation Thereof” Violation Thereof” Sponsors / Authors Prepared by the Committees on Submitted by the Committee on Public Information and Mass Media Public Information; sponsored by and Justice and Human Rights with Reps. Monico Puentevella, Sens. Aquilino Pimentel Jr., Ramon Bienvenido Abante, and Juan Revilla Jr. and Francis Escudero as Edgardo Angara (Angara withdrew authors (As of March 2009, several his sponsorship in February 2008.) senators withdrew support on the Journalists discuss the right of reply bill with congressmen. bill after media organizations cerns of media audiences and to questioned it.) monitor the press, CMFR being Legislative status Passed on third and final reading in Period of sponsorship / Pending among them. July 2008 / Pending at the House of review / Second reading (In a The Philippine Press Insti- Representatives dialogue with media organizations, tute (PPI) established the Phil- representatives said they will ippine Press Council (PPC) in introduce amendments to the bills. 1993. CMFR helped organize But as of press time, there is no several citizens press councils in amended bill or new committee Cebu, Palawan, Baguio, and Re- report on right of reply.) gion III (Central Luzon). Some newspapers nationwide Provisions: also keep a press ombudsman or a. Location of reply Same space or aired on the same Same space or aired on the same a readers’ advocate. The press program program ombudsman is the voice of the public in a newsroom. He/she Reps. Abante, Locsin, and Nograles b. Date of publication Not later than three days after the Not later than one day upon reply has been received receiving the reply monitors the editorial content of It was one of the fastest approved of reply newspapers, receives com- bills during the 14th Congress. It c. Length of Reply Must not be longer than the Must not be longer than the plaints from readers, and some- took the Senate only three accusation or criticism accusation or criticism times helps in the training of the months to pass the substitute a fine of P10,000–P 50,000 • P10,000–P200,000 in fines editorial staff. Aside from press bill. d. Penalties • Imprisonment ombudsmen, several newspa- CMFR checked the legislative • Closure and suspension of pers also maintain the “Letters history of SB 2150 in the official franchise for 30 days for the fifth to the Editor” section. Media also Senate website. According to the and succeeding offenses publish or air corrections when record, on April 3, 2008 the they make factual errors. Committees on Public Informa- e. Others: • A “sunset clause” has been • Obligation to clear the name of The Philippine Daily Inquirer tion and Mass Media and on Jus- included the accused if he/she has been has a “bluebook” on editorial tice and Human Rights submit- • Publication of reply does not acquitted and ethical policies. Newsrooms ted their joint Committee Re- preclude recourse to other rights • Publication of reply does not at major television networks port (no. 43) recommending ap- or remedies preclude recourse to other rights ABS-CBN 2 and GMA-7 have proval of SB 2150, the substitute or remedies ethics manuals. The KBP has bill for SB 1178. • Both bills do not differentiate comment from fact. just recently amended its Broad- It was then approved on sec- • No clear definition as to who will determine if a person should be given cast Code. It also has a Standards ond reading on June 11, 2008. the “right of reply”. Pimentel in a Feb. 28 dialogue told the press that the Authority that implements and After a month, the senators ap- complainant himself would be the one to determine if the offense was monitors members’ compliance proved on third and final read- committed. to the rules. ing SB 2150 on July 28, 2008, There are also organizations and transmitted their record to like CMFR which monitor the the House of Representatives on media organizations like CMFR, reply bill after the clamor from But CMFR trustee and Busi- news coverage of issues as well July 31. NUJP, KBP, and PPI were never the media. But Pimentel is firm ness World Board of Editors Chair as the press’ ethical compliance. SB 1178 was filed by invited by the Senate for consul- in his sponsorship. In the Febru- Vergel Santos told the lawmak- CMFR publishes its monitors in Pimentel on July 4, 2007 and tations on the right of reply bill. ary 28 meeting sponsored by ers that what the press wants is the monthly PJR Reports. was referred to the committees Lawmakers said the passing Samahang Plaridel, Pimentel said the absolute scrapping of the Legally, the law still pro- on Sept. 10, 2007. of the right of reply bills would “If the press has the right to bill. vides the public the right to file The abrupt passing of SB go hand-in-hand with the de- mortify, we have the right to “This is not open to bargain- charges of defamation or libel 2150 awed and shocked media criminalization of libel. But as reply,” adding that press free- ing, because it’s a Constitu- before the courts. organizations calling for the of March this year, the Senate dom is not absolute—an argu- tional issue. And the very scrapping of the bill. “The Bill… bills on the decriminalization of ment that’s way beside the point that we would like to Unheard cry was passed without sufficient libel are still pending at the com- point. raise is simply this. Whatever Despite opposition from me- understanding of the workings mittee level. Meanwhile, the Meanwhile, the representa- you say, this bill is an abridge- dia organizations, the House of of the press, nor even consulta- House bill amending the provi- tives plan to water down their ment. And to abridge in any Representatives has no plans to tion with the press,” columnist sions on libel in the Revised Pe- version of the bill. Abante told nuance…means limiting, cut- recall the bill. House Speaker Neal Cruz told lawmakers in a nal Code increased the required media during the March 3 dia- ting away our freedom.” Prospero Nograles said that it March 3 dialogue. fines and retained the penalty logue that they will amend HB As of press time, about 700 would be difficult to withdraw Asked if the Senate commit- of imprisonment for libel. 3306. They plan to remove im- journalists and media organiza- the bill since there is “pressure” tees consulted the press, the prisonment and lower the fines tions have signed the petition to pass it. senators claimed they asked Current status and days of franchise suspension calling for the scrapping of the The Senate passed its version press organizations to appear Several senators withdrew and closure for non-compliance, right of reply bills. The NUJP of the right of reply bill in 2008. and send position papers. But their sponsorship of the right of among others. drafted the petition. n 12 ...... • MARCH-APRIL 2009 ...... •

THE MEDIA, THE VFA— AND THAT ‘RAPE’ From page 1 Nicolas’ 2005 filing of her com- plaint against Lance Cpl. Daniel Smith had revived the debate over the wisdom of the country’s continuing with the Visiting Forces Agreement (VFA). The public had closely followed devel- opments in the case and the VFA debate for many reasons. One, The case involved ploited by the media was the tug- because the legal battle had all the of-war over Smith, and the politi- elements of the drama the media issues beyond the cal maneuvering involved. On tend to emphasize—the rape, now one side was Nicolas, civil society once again alleged, itself; Smith’s rape itself, and women’s groups, and some dead-of-night transfer from the resonating with anti-VFA solons; on the other were Makati City jail to the US Em- Kenney, Foreign Affairs Sec. bassy in Manila; a Supreme Court issues of sovereignty Alberto Romulo, and other US au- (SC) decision ordering his deten- thorities. tion in a Philippine facility that and constitutionality The media adequately covered was never implemented; and fi- this “custody” battle, exposing, in nally, Nicolas’ flight to the United of reciprocity and sovereignty Kenney, there is much at stake for particular, the executive branch’s States and her affidavit. The head-on. the US in the current VFA. What not have an expiry date, and is of failure to demand that the con- “rape” as well as the debate were US President Barack Obama’s these could be not even the usual indefinite duration, until one victed marine be transferred to a well-reported, if only because it is call to President Gloria Macapagal foreign policy mavens in the me- party terminates it. Philippine jail, despite the SC or- the theatrical, more than the in- Arroyo was a prime example. The dia did not dare address. The renewal of the US military der. The media were also depth, details that regularly oc- stories on that event focused on The VFA is the legal frame- bases treaty was rejected by the instrumental in recalling to pub- cupy media attention. how “giddy” and “thrilled” the work for the return of the US mili- Philippine Senate following de- lic attention the existence of an al- Palace was after a series of failed tary troops in the Philippines af- cades of protests. There was a long leged “secret deal”, the VFA 2. The Firsts attempts by Mrs. Arroyo to meet ter the Philippine Senate rejected list of complaints that stemmed VFA 2, said Sen. Joker Arroyo, But more than the drama was the US President. The Philippine a new military bases treaty in from the presence of US bases, in- bares the lack of reciprocity in the the historical and political context Daily Inquirer story thus went: 1991. The VFA was ratified by the cluding various human rights vio- bilateral agreement. The VFA 2, in which the alleged rape had oc- “Obama calls Arroyo on VFA”; Philippine Senate but not by the lations, the infringement on Phil- however, is not a “secret deal”, and curred essential. In the many The Philippine Star, “Obama calls US Senate. The 1987 Constitution, ippine sovereignty, and the pres- in fact had long been mentioned years in which US military bases GMA on VFA”; the Manila Bulle- however, states that no foreign ence of nuclear weapons and toxic by civil society groups before Sen. were in the Philippines, when US tin, “Obama calls GMA”; and The troops can be stationed in the Phil- substances. Arroyo did. troops had free run of the cities of Daily Tribune, “Obama calls”. In ippines if the treaty is not recog- These issues hogged the head- There were other leads the Angeles and Olongapo, there were almost all these stories, the offi- nized as such by both parties. lines in the early 1990s—crucial media largely ignored. Nicolas’ over 3,000 cases filed against US cial statements from the White The US Supreme Court ruling information that allowed the edu- former counsel, Evalyn Ursua, soldiers without a single one mak- House and Press Sec. Cerge on the Medellin vs. Texas case cation of lawmakers and the gen- had noted the near-permanent ing it to the courts. Nicolas’ case Remonde took up most of the should have received more cover- eral public on the impact of US presence of US troops in some parts made history in its being the first. prime space. age than token mention by me- military activities in “its” Philip- of the country, such as Zam- Moreover, the conviction of Smith While the call was indeed sig- dia. That decision virtually frees pine bases. Today the media have boanga City. The 1987 Constitu- made him the first-ever American nificant, and the behavior of Ar- the US from complying with in- yet to begin to reveal the impact tion, however, prohibits the bas- soldier convicted of committing a royo equally so, the stories fell ternational treaties unless these of the VFA on the local communi- ing and permanent presence of for- crime on Philippine soil, both short of explaining why that call have a self-implementing rule ties across the country which host eign troops in Philippine territory when the US bases were at Subic occurred in the first place. In fact, approved by the US Congress— or have hosted US troops. and their participation in the op- and Clark, as well as after the pas- the call should even be more sus- which the VFA precisely lacks. erations of the Armed Forces of sage of the VFA in 1999. pect after Obama’s seeming elu- And, unlike the 1947 Military Uniform coverage the Philippines (AFP). There is cer- The case was from the very siveness to Arroyo. As crucial as Bases Agreement, the VFA does The most common angle ex- tainly a need to investigate beginning suggestive of issues be- it was to understanding events, whether such claims are true be- yond the rape itself, resonating this “why” was relegated to the cause if they are, there will likely with the thorny questions of sov- dustbin—or at most to the col- be a decisive shift in public opin- ereignty and the VFA’s constitu- umns and inside pages. ion regarding the constitutional- tionality. It was on explaining Why, for example, did Obama ity of the VFA, and on the nature these issues that the media were suddenly make that call, and why of the activities of US troops and at best only partly successful. then, when he had simply ignored their effect on local communities. Arroyo even as she took expensive Some groups have reported ci- Key questions trips halfway around the world vilian casualties in Bicol, Albay— Central to understanding the to meet him? And having run on one dead baby, six injured chil- VFA issue is the long, tangled his- a platform of change, why was he dren, and three wounded women tory of US and Philippine relations. falling back on the same strategy —due to preparations for joint ac- Without this understanding, the as former US President George tivities between the AFP and US stories on the VFA, including the Bush’s—the same strategy that troops. These are telling develop- Subic incident, appear random led to the Iraq war, and which is ments which failed to appear in and disjointed while actually con- based on fighting terrorists, the mainstream broadcast, vir- nected and coherent. In reporting whether real, feigned, or imag- tual, or print media. both the (alleged) rape as well as ined? And, judging from the be- The media also tended to de- the VFA debate, the media missed havior of US authorities, includ- pend mostly on the press releases opportunities to address the issues ing US Ambassador Kristie Photos by LITO OCAMPO and official statements of certain March-April...... 2009 ...... • MARCH-APRIL 2009 ...... 13

authorities. The bulk of news re- ports was on the word war among Nicolas’ former counsel, the US WHAT’S IN A NAME? Embassy, the Department of For- eign Affairs, the Press Secretary, A rose by any other name may not smell as sweet and some senators, among others. But on an issue as encompassing and as complex as the VFA, it seems reasonable to expect the media to take the initiative in fer- n the statement came out, her reting out the truth about the re- By Kenneth Roland A. Guda mother pointed to her family’s alities on the ground. That task disappointment at the country’s requires more than mere beat re- AST MARCH 18, the banner story of one of the justice system and the govern- porting and accessing the usual country’s leading newspapers, the Philippine Daily In- ment’s inability or unwilling- sources. The media cannot confine quirer, was on “Nicole’s” affidavit “recanting” her al- L ness to fully implement Pozon’s themselves to “legitimate” sourc- legation that she was raped on Nov. 1, 2005 by US Marine decision to incarcerate Smith in ing, which involves only officials Lance Cpl. Daniel Smith at the Subic free port, Zambales, a Philippine prison facility. The from the bureaucracy, and con- statement’s notarization by a sequently, to ignore such other where the former US naval base used to be. The lead of that lawyer from the firm represent- sources as the sectoral and people’s report disclosed her true name. Her photo, together with ing Smith suggests that there is organizations in touch with that of Smith, was published with the story. more to the story than meets the events and people in the commu- It was not the first time that cantation,” a statement denying eye. Nicolas nities. “Nicole’s” real name had been re- that she had been raped in the It is reasonable to think that vealed in the media. Long before first place. This would mean for VFA) in which the case occurred. Last word the Inquirer thought that using her “recantation” or even the the Inquirer that Nicole no longer her name and photo ultimately Was the March 12 affidavit “not As of this writing, Nicolas had promulgation of the case in Dec. enjoyed the protection of the serves public interest. If indeed a recantation”? The victim/non-vic- released an affidavit that, in es- 2006, the Internet had been a laws as far as her true identity there was no rape, the public de- tim had been saying for three years sence, casts doubt on her earlier platform for many Smith sup- was concerned. She was now no serves to know the exact iden- that she was raped on Nov. 1, 2005. claim of rape, and even hints at porters and like-minded indi- longer a “rape victim.” tity of the person who hood- In the March 12 affidavit she said self-indictment. The document viduals to disclose her true iden- There are several reasons winked them for more than in so many words that the sex also contains an unusually de- tity. There were also several in- why the Inquirer may have been three years. The problem, how- might have been consensual. That tailed litany of drinks she took stances when Nicole’s identity wrong in disclosing Nicole’s ever, is that a court has already amounts to a recantation of her ear- “bottoms up” on the night she and was publicly broadcast. When name and publishing her photo. ruled, based on testimonies and lier claim— no matter the convoluted Smith were together, which sug- the court clerk of Branch 139 of First of all, as many lawyers in- evidence, that Smith did rape effort to avoid directly saying gests that she might have been the Makati Regional Trial Court cluding her former counsel Nicole. Pending a higher deci- “Smith didn’t rape me”— which re- too drunk to remember if she re- read the promulgation of the Ursua subsequently pointed out, sion overturning the earlier moves the protection both law as sisted Smith’s advances, and case, Nicole’s real name was dis- the sworn statement is not really one, it is incumbent upon the well as ethics compel the media to which therefore gives the lie to closed to the TV audience as tele- a recantation. She never defini- media not to assume otherwise. provide rape victims. her earlier claim of rape. vision crews covered the event tively denied that she was not Whatever the intentions of Let’s not forget that that protec- The timing of all this is suspect, live. raped by Smith that early morn- the Inquirer in disclosing tion comes at the price of the public’s as it coincides with Obama’s call On the whole, however, the ing in November 2005. Nicole Nicole’s name and publishing right to information, and for that to Arroyo. The affidavit was no- mainstream media had been re- did say that her “conscience con- her photo, the story played right reason cannot be extended when tarized by Abraham Rey Acosta, spectful of Nicole and her lawyer tinues to bother (her).” She had into the hands of those who the reason for it no longer exists, in a lawyer in the same law firm rep- Evalyn Ursua’s request not to been “so friendly and intimate wanted the public opinion to which case the public’s right to resenting Smith. Both the affida- print or broadcast Nicole’s name, with Daniel Smith at the Nep- turn against Nicole. To dispar- know regains rightful precedence. vit and the letter of termination personal circumstances and im- tune Club that he was led to be- age Nicole and her case against Note that it was the alleged victim of Ursua’s pro bono services were age. They cited the Rape Victim lieve that I was amenable to hav- the US soldiers, these unseen speaking, not the media. The me- also dated March 12, 2009, sug- Assistance and Protection Act of ing sex or that we simply just got forces seem to think, is to dispar- dia in the Philippines and in other gesting possible collusion between 1998, among other laws, as the carried away.” None of these, age the campaign against US countries have been accused of sug- Nicolas and Smith’s lawyers. basis for non-disclosure of Nicole’s Ursua believes, essentially con- military presence. n gesting that most rape complaints Many questions remain unan- identity. tradicts her earlier statements in are false. Only in a few instances ...... swered, among other reasons be- When the story of Nicole’s is- court. was this the case here. cause the media have not been as suance of a sworn statement Secondly, granting that the Kenneth Roland A. Guda is the Was it the use of the complain- thorough as the public has a right dated March 12 broke, Inquirer Inquirer lawyers were correct editor of Pinoy Weekly, now an ant/non-complainant’s real name to expect them to be. There are editors claimed to have consulted that Nicole did recant in her online publication. that damaged the anti-VFA cam- layers of irony in the Nicolas-VFA their lawyers. According to an sworn statement, did this over- paign, or was it her affidavit—and story the media must grapple editorial note to the March 18 turn Judge Benjamin Pozon’s de- HE PROTOCOL in disclos- her other acts, among them getting with, if only because they are a Inquirer story titled “Recantation cision that Nicole was indeed ing the names of rape vic- a US visa so she can live in the US— reflection of Philippine sover- does not mean acquittal yet— raped, and that she was raped by tims limits non-disclosure that did that? The groups opposed eignty—or the lack of it. T judge”: “We consulted a retired Smith? In media interviews, to the period prior to the filing of to the VFA should focus their ire on In a letter in which she sought Supreme Court justice on the Pozon himself said he thinks not. charges, when public documents her rather than the media, and to justify her actions, Nicolas ex- matter and he said it was all In fact, the judge, in an inter- necessarily use the victim’s name, might have to rethink the idea that plains that she and her family are right to use Nicole’s real name as view with the Inquirer, said, “If among other necessary details, “victims” cannot take responsibil- “tired of the case and do not want she already made her name pub- she had really withdrawn her thus making her/his name pub- ity for their actions. The complain- anymore to be bothered by it be- lic in her sworn statement. We statement, there are more rea- lic. Much of the Philippine media, ant/non-complainant’s being le- cause there is no justice in the Phil- sought the opinion of another sons not to publish her picture or however, went further by not re- gally a victim because of the re- ippines.” Indeed, in a country lawyer as to the use of her pic- name. What would people tell vealing the real name of the com- gional trial court’s conviction of where legal and political institu- ture and we were given the go her when they see her?” Pozon plainant against US Marine Cpl. Smith is not at issue. What is at is- tions are weak, justice is slow and signal.—Ed.” added that despite the statement, Daniel Smith until March 12. This sue is the right of the public to accu- elusive, and sovereignty close to It cannot be denied that the media use of her name and im- was not a matter of law but of rate, meaningful information as nonexistent. As the vanguard of sworn statement cast doubt on age was still “unlawful.” ethics, and appreciation of the necessary inputs to understanding democracy, media are expected, her earlier definitive statement It is easy to speculate on context (i.e., the country’s past the VFA and why US troops are in not merely to expose, but also to that she had been raped. But the Nicole’s intentions in coming out experience with the US military the Philippines. The March 12 affi- reveal why the bureaucracy has Inquirer and its lawyers evi- with the statement. In several bases and the need to abrogate davit and its contents were part of so miserably failed not only dently took this to mean a “re- interviews before and even after the Visiting Forces Agreement or that needed information.—Editor Nicolas, but the rest of us as well. n 14 ...... • MARCH-APRIL 2009 ...... Moving to the web A TALE OF SURVIVAL The move towards the Web has several implications for journalists, including

MELANIE Y. PINLAC new demands at work n By Alaysa Tagumpay E. Escandor

HE RESIGNATION of JV Rufino, editor-in- chief of Inquirer.net has sparked a debate on the rea-sons for his leaving. The top manage fits are moving online to avoid becoming “obsolete.” The papers ment of Philippine Daily Inquirer (the parent must “take the lead in the com- company of Inquirer.net), however, remains ing digital shift in media. The Tmum about Rufino’s resignation, maintaining that he left major papers…are in the best the company to “pursue higher studies.” position to exploit the ascent of the Internet. If the local papers do not act and still behave as if But the resignation came consumers prefer print.” the newspaper is a print busi- when the merging of the print ness, and not an information and online operations of the In- OFW strategy business, they’ll eventually quirer was pending, sparking a All over the world, layoffs die.” new round of debates on and other cost cutting measures The increasing trend to- whether newspapers as we know as a result of falling newspaper wards the Web has several im- them will endure. The debates circulations hound newsrooms. have naturally led to argu- Web staff, in contrast, are plications to journalists, includ- ments pro and con on the tradi- scrambling to keep up with in- ing new demands at work. Prieto tional versus the pioneering, creasing online traffic. This has says that Inquirer reporters and print versus digital opera- been the theme of major dailies, must be multi-media, and “must tions. including, for instance, The New be able to do video, to record Reorganization is imminent York Times, especially the glo- voice and also write stories.” in the Inquirer, with the web bal economic crisis, because the Conde agrees. “The writer or version folding up into the print cost of computerization and digi- journalist will become even operations, signaling greater talization is miles cheaper than more a workhorse. He will not content sharing in the future, print production costs. Because just be carrying his notebook said Paolo Prieto, Inquirer.net print revenues are flat, newspa- and pen. He will soon be carry- president and chief executive per moguls are preparing for the ing his camera, his video cam- era, his digital voice recorder.” officer, in an interview last crossover—instead of paying for LITO OCAMPO March 6. paper, readers can now pur- Print editors, meanwhile, must But things are not so simple chase the same content online. day to look for jobs outside the New demands be able “to think as well on how on the ground. The Inquirer is The Inquirer is no less af- country. In the international arena, to package the story in a multi- caught, it seems, in a double fected by the crisis. Which is OFWs, he adds, “have the Los Angeles Times, The New media manner, to suit the con- bind. Prieto’s position is that if why it has responded by consoli- enough money to pay for com- York Times, and the Washington vergence, to satisfy the demands the Inquirer empire is to survive, dating its print and online op- puters and DSL connections” re- Post maintain online sites to of the new market and the new then it must embrace the digi- erations. quired to access news about the cater to a national and interna- medium,” he adds. tal Web and new technology like Prieto explains, “Our main country. A Philippine correspon- tional audience, and which There are lightning innova- a zealous lover. goal (is) to get as much of print dent for The New York Times, the complement their respective tions in technology that require The Inquirer newspaper mar- content as possible to our read- International Herald Tribune and print version’s local market. media outfits to respond with ket is shrinking, Prieto admits. ers online.” But does the Inquirer GlobalPost.com, Conde also According to the Columbia Jour- equal swiftness. Some may ar- “The bulk of our readers are re- intend to fully close down the maintains PinoyPress.com and nalism Review, the Post leads gue that outmoded forms of re- ally of older average age,” he operations of Inquirer, the news- keeps a personal blog. other US-based newspapers in its porting must be abandoned. says. Consequently, Inquirer.net paper? No, because the Inquirer Prieto admits, however, use of the Web. (“The Race”, Others say that the emergence is the agency’s portal to a is “very, very profitable.” that the digital market is in- March-April 2007) of digital technology does not younger bracket of readers. The traffic on Inquirer.net, on deed constrained and says that Other Philippine news orga- necessarily mean the death of But in the same breath, he the other hand, is driven prima- to bolster the traffic, the com- nizations have expanded online, traditional forms of coverage. confirms that the print version, rily by OFWs, which is why most pany plans to “go hyperlocal”— including, among others, Ultimately, however, the ques- the Inquirer newspaper, still of its advertisers target the over- that is, injecting more local bworldonline.com, philstar.com, tion should be, has this technol- reaps more profit than the online seas market. Carlos Conde, who content into the Web. Unlike sunstar.com, abs-cbnNEWS ogy served to make news more site. is both an online and print jour- other major Philippine newspa- .com, mb.com, GMANews.TV, available and democratic? On “(The Inquirer newspaper) nalist, says that the OFW mar- pers, the Inquirer is keeping its manilastandardtoday.com, and the answer to that depends still earns most of the company’s ket is a unique niche in the Phil- “advertising model,” meaning manilatimes.net. whether journalists should ride profits. And traditional readers ippine setting, with some 2,800 regular online content remains Conde adds that, aside from the wave, or, like King Canute, which make up the bulk of news Filipinos flying abroad every free for readers. the new OFW market, news out- resist it. n ...... • MARCH-APRIL 2009 ...... 15 Media and the economic crisis ADVERTISERS IN ‘WAIT AND SEE’ MODE The global economic downturn has exacerbated the problems facing media

n By Hector Bryant L. Macale some network employees. But the crisis has not adversely af- OURNALIST CARLOS Conde certainly knows fected the network’s news and about the global financial crisis. A veteran public affairs operations, accord- journalist and the Philippine correspondent for ing to a senior network official. Last year’s year-end bonuses several international news organizations, Conde were slashed 50 percent, says a has written on the global economic shocker and news employee at the network. Jits impact on Filipinos. The bonus cuts, the network’s But Conde does not just know by a Filipino media research top guns told employees, were about the economic crunch— head as a “financial tsunami partly due to the global finan- triggered by the subprime mort- sweeping the world”—has slowly cial crisis. gage mess in the US in Septem- reached the shores of the Philip- It is hard to imagine that ber of last year—because he re- pine media industry. GMA-7, with its rosy profits and ports it. He’s also living it. high ratings, would be affected Like the subjects of his rivet- Ailing print industry by the crisis. In an April 2 ana- ing stories on the crisis, and like Even before the world saw lysts’ briefing, network officials the rest of Filipinos and millions the first signs of the impending reported a three-percent in- crease in the 2008 net income of people worldwide, Conde is af- financial turmoil, the Philip- As for the Times, it still has year-old Girlfriend and the five- fected too by the global down- pine print industry had already to P2.369 billion. Consolidated advertisers, but some have re- year-old Manual because of less- gross revenues last year grew by turn. been in dire straits. Production duced their contract terms than-expected revenues. “The crisis has a direct effect and operational costs have been four percent to P12.5 billion. starting this year. Display ad Another major publishing GMA-7 is not severely af- on my income,” says Conde, who escalating, while circulation insertions this year have been group, Summit Media, has also writes for The New York Times, and advertising sales have been fected by the crisis, company substantially lower compared to closed two titles, the two-year- chairman and president Felipe the International Herald Tribune falling. those of the previous year. old Marie Claire and the eight- and GlobalPost.com. “I’m paid in The crisis has made these Gozon was quoted by “But we’re not jittery,” Ang year-old Seventeen. In a state- GMANews.TV as saying—al- dollars, and the weakening of problems worse, said Dante said in a January 29 interview. ment, the company said it closed the U.S. dollar has had a direct Francis Ang II, executive editor, though he admitted that the ef- “We’re used to hardships any- the two publications “due to the fects of the crisis were felt in the effect on my buying power.” president, and chief executive way.” current economic climate, as For instance, he says, slight officer of The Manila Times. fourth quarter last year. “We Several magazines folded up both titles will not meet business are projecting an increase this fluctuations in the exchange rate “The global economic crisis in the latter part of 2008 due to expectations,” BusinessWorld would make him lose between has made these challenges more year. Gross revenues and net in- reduced advertising placements added. come will not be flat anymore.” P1,000 and P2,000 a month from pronounced,” said Ang. and low consumer spending, re- his work as a correspondent and The Philippine Daily Inquirer, Citing the network’s public ported BusinessWorld last March Struggling TV mammoths announcements of revenues contributor for these interna- the country’s leading broad- 5 (“Glossies take a hit from down- The economic crunch has tional organizations. “It may not sheet, is also affected by the glo- and profits, the employee PJR turn”). Mega Publishing, a ma- also started haunting major Reports interviewed could not be much but it’s still good bal economic downturn. jor publishing group, discontin- media organizations such as top money,” Conde told PJR Reports “Actually, (2008) was a good believe that the bonuses were ued the publication of the two- TV station GMA-7, according to partly cut because of the crisis. in an e-mail interview. year for us—until September It seems, he said, there was a dis- In addition, many news out- (when the economic crisis ex- parity in network public state- lets have become stingy. ploded),” said Isagani Yambot, ments. “One was the public face “(B)ecause the newsrooms Inquirer publisher. Before the cri- through press releases in the that I work for tend to scrimp on sis, the Inquirer was able to offset business pages and the private budget, it affects my output be- its huge production costs with face which is towards the em- cause one, it means I cannot advertising revenues. Direct pro- ployees.” travel outside of Manila to pur- duction costs including paper “That’s the start of the real- sue stories in other locations be- and printing account for as much ization by a lot of people, espe- cause travel is restricted to re- as 70 percent of the Inquirer’s cially in the newsroom, that we ally important stories, and two, overall operational costs. now have a face on the global I am limited to Manila in terms By the beginning of the third financial crisis, and that face is of stories to pitch—and I can only quarter, advertising revenues us,” the employee, who’s been pitch so many stories done in were down due to the domino with GMA-7 for years, said. Manila,” Conde said. “We’ve effect of the global economic cri- Two other GMA-7 employees been instructed by our bureaus sis, said Yambot, although he also feared how the crisis will to limit expenses to those that quickly pointed out that the affect news operations, as well are really necessary.” paper’s circulation grew at the as salaries and allowances. Conde’s financial woes show start of 2009 compared with flat But according to Marissa how the global crisis—described growth the previous year. Photos by LITO OCAMPO Flores, senior vice-president of 16 ...... • MARCH-APRIL 2009 ......

slack might be picked up by the campaign ads.”

Wait-and-see attitude Already, local advertiser spending has decreased by as much as 20 to 30 percent be- cause of the global downturn, according to a Times report last March 27 (“Global crisis blamed for 30% drop in local ad- vertising expenditures”). “The immediate reaction (to) any crisis is to cut costs and that in- cludes advertising,” the Times quoted Charmaine Canillas, president of the Philippine As- sociation of National Advertis- ers (PANA), as saying last March 26. GMA-7’s news and public af- But according to Jay fairs department, the station’s The situation Bautista, executive director of news and public affairs teams seems grimmest the Nielsen Media Research of still operate normally. “There Nielsen Company Philippines, n By Hector Bryant L. Macale have been no adverse effects of for newspapers, the full effects of the crisis have the global crisis on news and which do not earn yet to be felt by local media. HOULD LOCAL media be worrying about the global eco- public affairs operations,” she “It seems that the crisis is nomic downturn? PJR Reports asked several journal- said in an email interivew. “We happening like a financial tsu- as much as TV and ists for their take on the issue. should however point out that nami sweeping the world, tak- S as a company, we’ve always radio from ing time before it fully reaches PJR Reports interviewed Inquirer.net editor Nonoy Espina, looked for ways to be more cost- us,” he said in a January 29 who’s also vice chair of the National Union of Journalists of efficient—with or without the advertising and interview. “We have not seen the Philippines; Carlos Conde, Philippine correspondent for global crisis.” whose growth is the full brunt of the crisis, so The New York Times, International Herald Tribune, and She added that in the cur- the 2008 advertising figures do GlobalPost.com; Vergel Santos, board member of the Cen- rent situation, GMA-7 has no not reflect what is happening.” plans of changing salary levels, the slowest According to Nielsen Media ter for Media Freedom and Responsibility and chair of the bonuses and other perks of net- compared to Research, total advertising ex- BusinessWorld editorial board; and Danilo Arao, a member work employees. “Instead, we penditures in media increased of the Bulatlat board of editors and assistant journalism pro- have been embarking on im- broadcast media from P154.17 billion in 2007 fessor at the University of the Philippines College of Mass proving our work efficiencies to P171.7 billion in 2008, or Communication. and implementing/undertak- an 11-percent growth. Televi- ing cost-savings initiatives.” “Tighten our belts. Econo- sion earned almost P129.5 bil- Given the state of economic to the social networking phenom- But if the crisis situation will mize. Save. Scrimp. Without of lion last year or eight percent and working conditions of jour- enon as a way to promote their pa- make it necessary, the network course affecting the quality of more than in 2007. Although nalists and in newsrooms today, pers and push their news. This is “will respond based on the given the final product which is the it was a far second from televi- how will the financial crisis affect something that the local media can- situation and always within newspaper.” sion—it only earned around Filipino journalists and media or- not afford to ignore. I have always the bounds of the law.” One casualty of the crisis is P30.79 billion last year—radio ganizations? believed that our media’s backward Another TV station, TV5, is the paper’s profit-sharing had the highest revenue Espina: It is really still too early state (compared to the US or other offering employees voluntary scheme. Under their collective growth among the three me- for the Philippines, although the ef- first world countries, that is) is a separation packages. The newly bargaining agreement, em- dia at 28 percent. fects of the crunch are beginning to blessing because it affords us the relaunched network warned ployees got five percent of the As the global economic be felt. But it would not be a stretch opportunity to learn from the experi- “that if not enough workers company’s net income as profit crunch continues, the adver- to anticipate that the crunch will be ence of these countries. In other would avail of the early retire- share. Since revenues have tising slump will certainly fol- felt in terms of advertising revenues, words, the local media cannot claim ment pay after six months, it fallen lower in the last few low. The situation seems grim- the lifeblood of any media outfit. ignorance as a cause of their fail- would most probably lay off months, the employees’ profit mest for newspapers, which do The crisis will affect the bigger ure. some workers,” the Inquirer re- share this year is going to be not earn as much as TV and outfits more than small, community Santos: The media had been, as ported February 9 (“TV5 work- smaller compared to that of pre- radio from advertising and media, which more or less have a I have suggested, in some kind of ers offered separation pack- vious years. whose growth is the slowest stable base of traditional advertisers. crisis long before this one came. It ages”). As of press time, about a The Times has also imposed compared to broadcast media. But even they can be expected to feel was—is—all in the nature of the world hundred employees have a hiring freeze in anticipation Print only earned P11.45 bil- the rising overheads. today: it is just running too fast for a signed up for the retirement of the crisis. Management has lion in 2008, compared with Conde: For now, because I think business with now-useless burdens packages. cancelled subscriptions to sev- P10.65 billion in 2007, a print and TV advertising in the Philip- and unsuitable habits. They must eral foreign news wires, said growth of seven percent. pines are not in as bad a way as they catch up. Cutback on expenses Ang. There are also discussions Overall, television cornered are in the US, the local media indus- There is no escaping, the crisis “We’re in for hard times,” in the newsroom on whether to three-fourths of the advertising try and community are in a good po- for everyone, I think. And if it’s true said Yambot, who pointed out continue as a daily paper or to pie. Radio stations got 18 per- sition to weather the crisis. But that that the greater one’s economic ca- that economists are predicting print only six-issues per week. cent, while print publications should be small comfort. The worst pacity the greater the chances of that the crisis will last for the In addition, management is re- received only seven percent of the local media can do is ignore the one’s suffering worse, there should rest of 2009 at least. viewing the paper’s features, total ad spending. lessons learned from the experience be some consolation for us who have Due to the crisis, the Inquirer closing down and opening up The Nielsen Media Re- of the US media. This means that the far less capacity. management decided to order new sections to “see what search study was based on local press will have to work double Arao: Mainstream media organi- a hiring freeze. In addition, the works.” published rate cards of media time, for instance, in expanding their zations, considering that they oper- paper’s operational budget “has Ang is hoping that the cur- organizations. web presence and enriching the ate no differently from other busi- been pruned by as much as 30 rent advertising slump will be But both Bautista and multimedia experience from their ness entities, are directly affected percent.” Those are marching offset by the political advertise- Canillas said there is now a sites. In the US, many news websites, by the global financial crisis in vari- orders from the top, Yambot ments of candidates running in “wait-and-see” attitude among such as those owned by established ous ways: (1) As other economic in- said. the 2010 elections. “Some of the advertisers. n newspapers, have failed to catch on dustries like manufacturing lay off ...... • MARCH-APRIL 2009 ...... 17 The view from the ground JOURNALISTS ON THE CRISIS

Espina workers to cut down on production fairs) and the presentation of the What should journalists and cost, it’s likely for some business narrative (in the case of entertain- media organizations do to handle organizations to either do away with ment). Even if ethical standards the situation, or at least mitigate or spend less on media advertising clearly stress the need to differenti- the meltdown’s effects? on which mainstream media is to- ate between advertisement and Conde: As I mentioned earlier, tally dependent; (2) As media own- news media content, there are main- they will have to challenge current ers have other business interests, stream media organizations that opt assumptions about the nature of it’s likely that they would see their to use the latter in promoting goods their business. If they do that first, non-earning media organizations as and services of advertisers. This is, planning for the future will probably “white elephants”, resulting in either in my opinion, a creative way to pull become easier. And they should not downsizing, merging with other me- in advertisers in the wake of the glo- dilly-dally because, as more readers dia organizations or closing them bal financial crisis, given that they migrate online, the traditional news down altogether; and (3) As consum- would have more “captive media au- people are losing ground every day ers cut down on spending, their con- diences” through stealth advertising. that they delay their efforts to adapt sumption of the mainstream media Santos Conde to the online world. For instance, may be affected, resulting in less How long do you think will the Are you seeing changes in what would prevent me from turning subscribers of publications and tele- crisis affect Philippine media? newsroom policies and direction, PinoyPress into the local version of communications services like mo- Arao: Commercialism in the Phil- such as job layoffs, closure of Huffington Post? If the traditional bile telephony, cable and Internet. ippine media has been there since news outlets, media mergers, media, in other words, won’t do some- Content-wise, it is likely that main- the various forms of media had been migration to online media, salary thing, they will lose by default. stream media organizations would introduced to the Philippines, with and budget cuts, and more pres- Espina: I should be the last to provide news media content that the notable exception of the alterna- sure for journalists to be multi- say this but, I do feel that increas- caters more to the least common tive media that, through the years, skilled so they can do more for ingly, journalists should begin add- denominator, making it even more maintained some degree of indepen- their salaries? ing to and upgrading their skills. I attuned to infotainment and escap- dence from profit-seeking entities. Conde: If the economy wors- think, given the relative success of ism. The end-goal in this case is to The issue here is therefore funda- ens, yes. Layoffs, downsizing, multimedia journalism, outfits might attract the dwindling number of me- mental: The global financial crisis budget cuts, the works. It would see this as a convenient cost-cut- dia audiences. could result in more “creative” ways add more pressure, as you put it, ting measure. So the multi-skilled Conde: If they read the situation for the mainstream media to gener- for existing newsroom people to journalist would be in a better posi- do more multitasking—something tion to survive. But having said that, very carefully, they will survive. But ate income, even if at the expense of Arao they will have to challenge some as- shaping public opinion. that has already happened the having multiple skills can also be a sumptions. I’ve read somewhere, for Conde: As long as the economy past several years, for instance vertising and/or the support of their big asset if one needs to do some example, that the biggest mistake a suffers, so would the media. But in pagination. owners or patrons, they are put in a freelancing. If media outfits start newspaper can make is to assume think about this: the Philippines is a Arao: These are distinct possibili- very tight situation that they cannot trimming down and going lean and that it is in the print business. To huge consumer economy. As long as ties, as may be gleaned from the control. If advertising plunges, they mean to survive, it will sadly and in- survive in this age, they have to junk Filipino consume instant noodles, unfortunate experience of will have no choice but to take in the evitably mean a deterioration in work- that assumption. They are in the in- advertising won’t suffer. The key Newsbreak and Pinoy Weekly that impact. If the other businesses of ing conditions for the journalist and, formation business. Print is just a thing to remember, however, is the opted to just go online. Mergers in their owners tank and so would no in the multimedia environment, this medium. Information is the impact of the rising unemployment the print media may happen in the longer subsidize their papers, that too translates to more work for the same product. And you don’t sell a medium locally and among overseas Filipino future, and the case of Manila Stan- would result in difficulties. or maybe even less pay. — you sell a product. workers (OFWs). If the OFWs lose dard and Today is a good example. Espina: I am not privy into the Arao: The future is not bleak as their spending power, it would really Even a leading newspaper, accord- plans of media organizations but I we are wont to think, considering that Are we seeing the effects on be trouble. ing to a reliable source, is seriously think, especially in broadcast, where alternative media have been around the local media at this time? Santos: The media will always considering venturing into the broad- the trend towards contractualization since the Spanish period assuaging Espina: At the moment, there is be there, since there will always be a cast media and strengthening its has been picking up, we could see the people’s hunger for information. little visible evidence. hunger for information. The question online presence while maintaining more talents and other contract It is necessary for like-minded jour- Conde: We’re seeing the effects is what types of media suit the needs the same number of reporters who jobs…the easier to downsize if crunch nalists to support the alternative in a good way, I think. Some papers of the times. will be tasked to produce not just time comes. In most papers, the sure media by reporting for them even if are enriching their websites, or are Espina: I am afraid we are only one story for the paper but also for indication of trouble is delayed pay- the financial reward may not be that at least conscious of the need to beginning to feel the effects of the the broadcast and new media coun- checks. I think there could also be a much. Mainstream media organiza- improve their multimedia compo- crunch. Maybe next year being an terparts. From a management point trend toward multi-tasking and, for tions should also help promote the nents. The Philippine Star, for in- election year, the expected flow of of view, this may be optimization and some outfits, maybe a growing de- audience base of the alternative stance, just recently spruced up its money can, for a while, help dampen maximization of the staff (and could pendence on freelancers. media as the latter are not neces- website. the blow. Which, of course, is not an even be claimed as providing multi- Arao: Just like in other economic sarily competitors. It may be also Santos: Not visibly enough, yet. ideal cushion but that is reality. And it media training to its journalists). industries, contractualization could necessary to lessen dependence on Arao: The fact that media organi- won’t last all that long either. It’s been From a labor point of view, however, become the order of the day in main- advertising by studying alternative zations are resorting to interstitial about half a year since they started this is plain and simple exploitation. stream media organizations. Other media ownership like establishing a or stealth advertising is an indica- calling it a recession in the States Santos: Like any jobholders and cost-cutting schemes like job rota- cooperative-owned media organiza- tion of their efforts to pull in as much and we are just starting to feel it so business organization. The plain tion and diminution of benefits could tion. advertising revenues as possible, the sure bet would be the worst is still logic: the market shrinks, business also happen, hence the need for jour- Santos: Stay in the competition, even if they are already compromis- to come. How long will it last? No one slows and downsizes, jobs are lost. nalists to organize themselves into watch where the market goes when ing the dissemination of information really knows. But for sure, it will take Conde: Because much of the Phil- unions, and to strengthen already it rebounds, be prepared for that; find (in the case of news and public af- us longer to recover than others. ippine press either depends on ad- existing ones. your new place in the sun. n 18 ...... • MARCH-APRIL 2009 ...... REPORTING THE CRISIS, IGNORING THE ALTERNATIVES The lingering effects of the global financial Guda cial Crisis”, p. 12). hone their skills on how to com- crisis should pose a challenge for journalists Philippine Daily Inquirer busi- municate complex stories to a ness reporter Doris Dumlao ob- broader audience,” she sug- served that the local coverage gested. of the crisis was not thorough Pinoy Weekly editor Kenneth enough. It seems that many Guda emphasized the advantage business reporters did not know of using any available informa- what the roots of the crisis were, tion on the crisis to equip oneself she added. As a result, they and comprehend the issues bet- could not explain to their read- ter. It is important, he said, to ers what was happening. read the reports and analyses by Dumlao acknowledged the international media. But the logistical limitations of local crucial thing is to see the big pic- news organizations as one rea- ture and to locate the situation son for the limited coverage of in the country in it. Guda added the crisis. But it would have that there are several issues the been better if local reporters local media still need to address: were made to cover the issue who is responsible for the crisis, from a local perspective. Most of what are the powers and inter- ests at play, what does the Phil- ippine stimulus package consists of, and how the people and local industries would be affected. Pinoy Weekly columnist and UP journalism professor Danilo Arao said media, mainstream or alternative, should expose the policy agenda—the policy agenda of adherence to globalization. “The challenge for media and again, media consumers or fu- ture media practitioners is how you explain the kind of contra- diction where globalization is sup- posed to entail minimal govern- ment intervention but now we Photos by LITO OCAMPO Padilla need government intervention to save the economy,” he said. Arao n By Kathryn Roja G. Raymundo the stories in local publications also emphasized the need for col- were from foreign wire agencies. lective action in finding solutions. HE GRAVITY of the global economic crisis and Unsurprisingly, the local per- Instead of focusing on infotain- its impact on the Philippine economy should spective was lost. Dumlao said ment or trivial issues, the media challenge the media to intensify coverage and the “so what” question should be should highlight what the people encourage greater participation from the a priority in reporting any can do in light of the crisis, and to story, especially a complex one hold accountable those respon- people in bringing about significant change. such as the crisis. And who could sible for it. TThe media failed to call pub- Views from the media best provide the value of under- lic attention to the looming eco- practitioners standing the issue but the local Alternative sources nomic meltdown, and later, to In a forum on the media cov- reporters who know what infor- Given the lack of acknowledg- connect the dots when the US erage of the global financial cri- mation the people need and can ment by the current adminis- financial system was unravel- sis last Feb. 17 organized by the use. tration of the real state of the ing. To be an active participant University of the Philippines’ Dumlao Dumlao described the economy, Rhea Padilla of IBON this time around, the media (UP) Union of Journalists of the little analysis in media report- reporter’s tendency to live Foundation said the role of the should address the issue exhaus- Philippines (UJP-UP), media ing of the issue. Their observa- within their own world, many media is critical. Media should tively, and forewarn policy practitioners and independent tions were similar to the findings locked in their own jargon for- be aware of alternative views makers and the public of the think-tank IBON Foundation of the PJR Reports Nov. 2008 is- getting to communicate with from different sectors, organiza- consequences of their action or speakers noted the lack of con- sue (“So? Questions of context their audience. “Business re- tions, and institutions aside lack of it. text, limited perspective, and hound coverage of U.S. Finan- porters must re-tool, further from the usual sources of news ...... • MARCH-APRIL 2009 ...... 19

University of Ottawa. He is the director of the Canada-based “Media in a time of crisis” Center for Research on Global- WHAT THE MEDIA CAN DO ization. Chossudovsky emphasized ORE THAN 70 journalists, media practitioners, members of the that the way to implement academe, and representatives of non-government organizations change is not easy, but that it is Mfrom all over Asia gathered in Bangkok last March to discuss possible. He proposes a “finan- and address the ongoing crises in the global economy, the environment, cial disarmament” to solve the food security, poverty, peace and conflict, and governance. crisis. Financial disarmament is The Asia Media Forum, in col- a process which “forcefully chal- laboration with Asian Resource lenges the hegemony of the Wall Foundation and supported by Street financial institutions in- Actionaid and Oxfam, organized cluding their control over mon- the second Asia Media Conference etary policy and would also re- “Media in the Time of Crisis” (sic) quire freezing the instruments from March 25 to 27. The partici- of speculative trade, disman- pants came from Afghanistan, tling the hedge funds and de- Pakistan, Qatar, India, Nepal, Sri mocratizing monetary policy.” Lanka, Thailand, Burma Chossudovsky In his paper “The Great Depres- (Myanmar), Laos, Bangladesh, In- sion of the 21st Century: Collapse donesia, the Philippines, Taiwan, of the Real Economy”, Chossu- and Singapore. The conference dovsky discussed the collapse of aimed to understand the impact Nepal’s Kunda Dixit (right) consumer demand prompted by of these crises on the media and KATHRYN ROJA G. RAYMUNDO unemployment and the decline how the media can affect the de- in consumer spending, the rela- velopment or eradication of these to these many crises? How do news tionship between overproduc- crises. organizations present the news—do tion and bankruptcy, and the The speakers and participants they pursue only the mainstream ownership structure of the real agreed that the crises would con- agenda or the counter-narratives as economy. tinue beyond 2009 and that Asia well? Why is it important for the Journalists can also refer to will be at the receiving end of the press to understand and serve as a primer written by Walden resulting problems. platforms for debate on these is- Bello, president of the Freedom Since Sept. 2008, the world sues? from Debt Coalition and UP soci- has witnessed how the United Speakers at the conference said ology professor. Bello discussed States financial crisis has turned the media should avoid its ten- the disconnect between the real into a global financial crisis that dency to be complacent and to fo- and financial economies. He has grown into a global economic cus on the entertainment-driven traced the roots of the current crisis. The economic crisis has and simplistic popular culture of IBON research head Sonny Africa crisis to globalization, overpro- gravely affected the capital, prod- societies. Kumar Ketkar, editor of like the government. Reports duction, and “financialization uct, and labor markets. the Indian newspaper Loksatta, said Issues of peace and conflict these faults divert the people from should not just give citizens an Media’s role in (…the creation of value out of are well known in the region in the addressing real problems. The me- understanding of the issue but already created value in turn tackling the real form of local insurgencies and in- dia should thus continuously strive also empower them with a criti- making profit but not producing ternational hostilities. There are to “learn and generate intelligent cal analysis of the soundness or new value; only industry, agri- state of the economy also increasing instances of ter- debate on what is happening,” he folly of important economic de- cultural, trade, and services rorism in Asia, following the recent added. cisions. Media reports and is important create new value).” attacks in Mumbai. In one of the parallel sessions, analyses should outline solu- As mentioned in both fora, Much of the world is familiar Nepali Times editor Kunda Dixit tions, influence policy-makers, media attention should now with global warming and its dire emphasized the need to redefine and encourage social action to probably shift to the Philippine by IBON, “Financial and eco- consequences. March 28 was what “news” is. Rather than look- help mitigate the impact of the nomic crisis: Exposing capital- government’s stimulus pack- Earth Hour, when people turned ing at news as a commodity that crisis. ism, Looking for alternatives” age, sustainability plan, resil- off their lights for 60 minutes to has to be sold, the media should The IBON Foundation pub- last Feb. 10, IBON said that the iency plan, and/or pump- raise awareness about climate recognize the small stories, the lished a primer in Dec. 2008 Philippines is entering a long pe- priming budget. But progres- change. grievances and miseries of the which discussed the current ex- riod of stagnation and severe cri- sive organizations and econo- The rise of poverty and inequal- people as priority stories. Dixit rea- plosion of the financial crisis in sis worsened by the govern- mists are wary of the alleged ity is one of the biggest crises soned “it is important to cover slow the US and other capitalist coun- ment’s lack of candor about the “spin and propaganda” cre- faced by the world today. Rising emergencies because slow emer- tries and the rest of the world. real state of the economy and its ated by these government ef- food prices worldwide have added gencies are the precursors to loud The IBON Facts & Figures Spe- supposed efforts to cope with the forts. Some have noted that 75 million hungry people to the glo- emergencies.” cial Release explained the begin- crisis. the proposed P330-billion bal population. Various organiza- Some of the speakers noted the nings of the issue from the Bagong Alyansang Maka- stimulus plan is just a repack- tions are thus calling for food se- deficiency in the training of media framework of the crisis of impe- bayan (BAYAN, New Patriotic aged budget, its planned mea- curity—the availability, accessi- practitioners. They emphasized the rialism and the neo-liberal ap- Alliance) asked for a “broader sures meaningless and ineffec- bility, and affordability of food. need to make journalists under- proach of total deregulation of and bigger movement of people tual, and a shortsighted effort The progress or failure of gov- stand why they need to cover cer- the global economy. that will resolutely struggle to to address the current crisis. ernments to address these prob- tain issues as much as it is impor- The publication provides stop the further destruction of IBON has proposed immedi- lems is of significant concern to tant to know how the media should journalists articles on the crisis our economy and of our liveli- ate relief as well as radical eco- the media. They track the policies report these crises. of overproduction and globaliza- hoods.” nomic reforms to stimulate the by concerned institutions and in- Conference participants also tion as well as background in- BAYAN presented alterna- economy. The proposal includes dividuals. Those in power define noted the importance of media lit- formation on capitalism and tives to build a progressive and sustainable job creation to the and implement the processes and eracy. They stressed that apprecia- imperialism. The publication self-reliant economy driven by development of agriculture and systems that could solve the cri- tion by the media and their public also discussed the vulnerability strong local industries and genu- nationalization of strategic in- ses. The information provided by of the issues bring the discus- of the Philippines at this time ine land reform. dustries and utilities. But as the media to the public helps sions, debates, and sense of ur- and how its economy through Journalists can also refer to noted by the speakers in the make these officials accountable gency in finding solutions to the agrarian reform and national the works of Prof. Michel above fora, none of these alter- in achieving the tasks entrusted present crises to national atten- industrialization could survive Chossudovsky, an award-win- native proposals have been re- to them. tion and can help avoid future di- the crisis. ning author and well-known ported by the media. n What is the media’s response sasters. n In another forum organized professor of economics at the 20 ...... • MARCH-APRIL 2009 ...... HR reporting CATCHING UP Human rights coverage is most often of the he-said, she-said variety and shares with other beats the common failure to provide context

n By Hector Bryant L. Macale “There should be improve- ment not just in the level of re- S IN the days of porting, but in how creative the Marcos dic- journalists are in packaging tatorship, hu- their stories and sending the message across to the public.” man rights have The CMFR seminar-work- become a major shop showed “not only the will- Aissue in the Philippines. Of ingness of journalists to learn particular concern are the and improve their craft as a pro- continuing violations of the fessional commitment, but also rights of suspects in political because the situation demands or warrants that journalists as well as criminal cases, and improve their work,” he added. the killing of activists, advo- Hazel Alvarez, an ABS-CBN cates, lawyers, journalists reporter in Bacolod, agreed. Photos by LITO OCAMPO “There’s no continuing cov- and even judges. Since de- human rights violations in the well as related concepts. CHR erage of human rights issues,” mocracy was restored in first place?” chair Leila De Lima explained she said. Although the Negros There should also be discus- the CHR mandate as well as the 1986, 78 journalists have been “Human rights reporting press is aware of the need to sions in newsrooms on how to government response to the hu- killed in the line of duty in the has to catch up with the grav- cover human rights issues, it cover human rights issues, in- man rights crisis, specifically on Philippines. ity of the situation,” said Nestor still needs to present and sustain cluding the use of politically extrajudicial killings, during Burgos, chair of the National its coverage. Human rights sto- Despite the need to inform loaded terms such as “militant” which she announced that CHR the public to understand the Union of Journalists of the Phil- ries are seldom followed up, and or “activist”. Adrian Ayalin, a would be conducting an investi- complexities of the issue and en- ippines. Human rights viola- most media organizations wait Manila reporter for ABS-CBN 2, gation into the human rights tions have been rampant in re- for the next sensational event to hance public’s capacity to pres- said that he will share the points situation in Davao City. sure government and non-gov- cent years, thus the need for the report on human rights. and issues discussed in the semi- Danilo Arao, a member of ernmental organizations as well press to improve and deepen its The press needs to ask ques- nar with the network’s produc- Bulatlat board of editors and as- reporting and analysis. tions and provide the public an as the Church and political lead- ers and editors, who are part of sistant journalism professor at ers to collectively work toward Human rights coverage is analysis of what’s behind the the news production process. the University of the Philip- stopping the violations, media most often of the he-said, she-said human rights violations, said “Ultimately, it’s the produc- pines, discussed the state of hu- variety and shares with other Keith Bacongco, a Davao-based coverage and attention has been ers’ and editors’ call. Even if I do man rights reporting and what sporadic, reactive and limited. beats the common failure to pro- journalist and co-founder of AKP an extensive human rights journalists should look for in re- To help build the media’s ca- vide context. In addition, the Images, an independent photo story, at the end of the day, it’s porting human rights. problems of the national press in agency. pacity to more meaningfully the producers and editors who Carlos Conde, Philippine cor- report and comment on the ur- writing about human rights is- “Journalists always count will decide whether to air a story respondent of the International gent issues involving human sues are also reflected in the com- the number of violations when or not,” he said. Human rights Herald Tribune and The New munity press, said Burgos, who they do human rights stories,” rights, the Center for Media issues can also be discussed in York Times, and Benigno Freedom and Responsibility is a Philippine Daily Inquirer cor- Bacongco said. “But they don’t public affairs programs, and not Oliveros Jr., Bulatlat managing (CMFR) organized a seminar- respondent in Iloilo. ask and write: why are there just in the newscast, said Ayalin. editor, raised points on making workshop on human rights re- human rights reports interest- porting held from Feb. 12 to 15 CMFR seminar-workshop ing. They were followed by PJR in Cebu City. Resource persons at the semi- Reports editor and Business- Thirty journalists around the nar-workshop included the World columnist Luis V. Teodoro, country participated in the semi- chair of the Commission on Hu- who discussed ethical principles nar-workshop, which was orga- man Rights (CHR), legal experts and ethical issues in human nized with support from USAID on the subject, leaders of non- rights reporting. through The Asia Foundation. government human rights ad- A workshop on news writing vocacy organizations, political followed. The participants wrote Need for better HR reporting leaders, as well as senior jour- news stories based on the previ- The journalists who partici- nalists and academics. ous sessions as well as materials pated in the workshop said that Lawyer Romel Bagares, ex- on human rights that had been although there has been some ecutive director of Center for distributed beforehand. Arao, improvement, quality human International Law, discussed the Teodoro, and CMFR executive di- rights reporting, despite the cur- international human rights en- rector Melinda Quintos de Jesus, rent situation, has yet to be a vironment and the meaning who also moderated the seminar- standard in the Philippine press. and context of human rights as workshop critiqued the stories. n ...... • MARCH-APRIL 2009 ...... 21 CRISIS

NATIONAL Roxas—were killed in the line of duty. Radio block timer for their alleged participation in the Redempto “Boy” Acharon and several ...... Cuesta of dxMD–RMN in General killed in Cotabato murder of Padrigao. Murder charges other suspects in the killing of Den- Santos City died on August 9, 2008, against Degamo and Palarca were nis Cuesta after the case (Criminal Suspects in slay five days after being shot along a City filed last February 16 by the Regional Case no. 20846) was transferred to attempt on national highway. Martin Roxas of A gunman shot and killed a peace Prosecutor’s office and the regional another branch of the same court. broadcaster dyVR–RMN Roxas City was killed on advocate and anchor for a block-time office of the National Bureau of In- Cuesta died on August 9, 2008, his way home from the radio station program last January 21 in Cotabato vestigation (NBI), the newspaper five days after an unidentified gun- surrender, post bail on August 7, 2008. Both Cuesta and City. Sun.star Cagayan de Oro reported man on a motorcycle shot him along Two suspects in the slay attempt Roxas were known for discussing Badrodin Abas was driving his last February 17. a national highway near a shopping on Cagayan de Oro City-based radio alleged illegal activities in their prov- family’s passenger multi-cab along Padrigao anchored “Sayri ang mall in General Santos City. Cuesta, broadcaster Nilo Labares surren- inces. Quezon Avenue corner Jacinto Street Katilingban (Know the People)”, a program director and anchor at the dered to local police last March 9. in Cotabato City at around 9 p.m. when block-time radio program for dxRS local station of Radio Mindanao Net- But both denied involvement in the two men onboard a motorcycle Radyo Natin aired every Friday and work (RMN), was on his way home slay attempt and posted bail. Police No suspects in Misamis Occidental blocked his way. One of them shot him wrote a column for the community from an RMN-sponsored outreach are withholding their names. in the head. Abas hosted a block time newspaper Mindanao Monitor Today. program. A gunman on a motorcycle shot broadcaster’s killing program at the radio station dxCM - Padrigao criticized corruption in the The case was removed from Labares in the back at around 8 p.m. The Philippine National Police Radyo Ukay aired every Thursday. local government as well as illegal log- Branch 36 after the RTC Executive last March 5 at Macasandig village (PNP) has no suspects in the killing The program Abas hosted was ging activities in Misamis Oriental. Judge ordered last February 11 the in Cagayan de Oro City. of a broadcaster in Oroquieta City funded by the Consortium of Several witnesses including case be sent back to the Office of Task Force Labares head Col. Ber- last February 23. Bangsamoro Civil Society (CBCS), a Padrigao’s seven-year-old daughter the Clerk of Court so that it will “be nard Mendoza of the Philippine Na- A gunman riding tandem on a network of Moro civil society organi- identified Degamo as the one who included in the regular raffling of tional Police told the Center for Me- motorcycle shot several times broad- zations in Mindanao. Abas was the allegedly shot Padrigao while Palarca cases on…February 12” and “be con- dia Freedom and Responsibility caster Ernesto “Ka Ernie” Rollin deputy secretary of the regional drove the motorcycle. Physical evi- sidered as a newly filed case.” RTC (CMFR) in a phone interview that two along the highway in Talic village, management committee of CBCS in dence gathered by local police and Executive Judge Oscar Noel Jr. or- of the four suspects voluntarily sur- Oroquieta City at around 5: 30 a.m. Cotabato, and also vice president of the National Bureau of Investigation dered the re-raffling of the case act- rendered to the City Police Director Rollin sustained gunshot wounds in CBCS member United Youth for Peace (NBI) also pointed to Degamo and ing on the accused’s “Very Urgent in the morning of March 9. the head, chest, and arms. and Development (UNYPAD). Palarca. Motion to Recall Case Raffled to The two allegedly found out that The local PNP said it was looking Although the police have yet to Degamo was detained at the Branch 35 (sic)”. they had been named by Labares in a into several angles to establish the conclude their investigation, Misamis Oriental Provincial Jail for The case is now assigned to RTC March 7 sworn statement. They were motive for the killing. Cotabato City police chief Senior robbery and direct assault charges. Branch 37 under presiding judge accompanied by their lawyer. Mendoza Witnesses saw a gunman wear- Supt. Willie Dangane told the Center He was involved in an alleged pawn- Panambulan Mimbisa, who has yet refused to name the suspects. ing a ski mask alighting from a mo- for Media Freedom and Responsibil- shop heist in Villanueva town in to issue a warrant against Acharon Mendoza told CMFR in a March 6 torcycle and shooting Rollin who was ity (CMFR) in a phone interview that Misamis Oriental last February 11. and the other suspects. phone interview that at least four waiting for a bus ride to work. Rollin the killers mistook Abas for his Palarca, on the other hand, is still at Moran lifted the arrest warrant men onboard two motorcycles—a red was at a waiting shed a few meters younger brother who usually drives large. against the accused saying it was and a blue Honda XRM-type motor- from a gas station where he usually the multi-cab Abas was driving. Department of Justice “to pave way for Hon. Panambulan cycles—followed Labares on his way left his motorcycle before leaving by Dangane was quoted in a Undersecretary Ricardo Blancaflor M. Mimbisa, presiding Judge of RTC- home from the radio station. Labares bus to Ozamis City. GMANews.TV report as saying that said in a February 17 Sun.Star 37, to make his own finical and evan- was on his scooter. Rollin anchored Ozamis City- the police are investigating reports Cagayan de Oro report that Degamo gelical (sic) findings therein.” He DxCC-Radio Mindanao Network based radio station dxSY-AM’s morn- that Abas’s brother was involved in a and Palarca may qualify as state wit- further explained in his order that (RMN) news manager Rey Maraunay ing public affairs program “Bantay love triangle. Police said the younger nesses in identifying the master- “…the legal basis of its (arrest war- told CMFR last March 6 that Labares Lungsod (City Watch)” which aired brother had been receiving threats mind behind Padrigao’s murder. rant) issuance has been virtually went home at around 7:30 p.m. after from 7:30 to 9 a.m. on weekdays. prior to the incident. GMANews.TV Blancaflor also said that police stripped” since the case is no longer he finished recording news reports for Local media colleagues described reported that the police are looking discovered other pending criminal under Branch 36. dxCC’s morning news program. Rollin as a hard-hitting commentator. at a video of the shooting caught on charges against the Degamo, which Acharon’s lawyer Rogelio Garcia Labares is dxCC’s chief of reporters DxSY production manager Paul a closed circuit TV camera. they said suggest that he and Palarca filed the motion to re-raffle the case as well as an anchor for its news and Aguaviva said there is a possibility that Rahib Kudto, chair of the CBCS are hired killers. before the Office of the Executive Judge public affairs program “dxCC Express” the killing was work-related since regional management committee in Padrigao’s widow, Teresita, was last February 10. Garcia claimed that which is aired from 4:30 to 7 p.m. Rollin had stepped on the toes of sev- Cotabato City and also chair of earlier reported to have accused a special raffle to give priority to the According to witnesses, Mendoza eral powerful personalities involved in UNYPAD, called on the authorities to Gingoog City Vice Mayor Marlon Kho murder case filed against Acharon said, the red motorcycle overtook alleged illegal activities in the prov- look for the perpetrators so that the of being the mastermind behind the took place last February 3 even with- Labares and blocked the road while ince. But Aguaviva said Rollin had not real motive behind the killing could killing of her husband. But Kho de- out the proper motion. the man riding behind the driver of told him of any threat on his life. be established. nied this and filed defamation Despite disputing the claim of the blue motorcycle shot Labares. Rollin worked on a commission According to Kudto, Abas previ- charges against Teresita, who denied Acharon’s counsel that a special Labares was rushed to Maria basis and was not a regular employee ously worked for the local unit of the having accused Kho in public. raffle had occurred and saying that Reyna Hospital. Doctors at the hos- of dxSY, according to station man- Department of Agriculture in Pikit, Padrigao was one of six journal- there was “no cogent reason to dis- pital declared him out of danger af- ager Alex Sy. Sy also said that Rollin North Cotabato before joining the ists/media practitioners killed in the turb the raffling of the case to Branch ter they had removed one of Labares’ had been working for dxSY since peace organizations. His hosting of line of duty in 2008. 36,” Noel nevertheless ordered the kidneys, the online news site Bulatlat 1999, but left the station for a while CBCS’s block time program, Kudto re-raffling to give the accused “peace reported. Maraunay told CMFR that to work for local politicians during said, is his first work in the media. Warrant on suspects of mind” over the matter. the bullet nearly hit Labares’s stom- the 2007 election period. Police said in journalist’s slay The suspects in other media ach and damaged his kidney and liver. Rollin previously hosted programs Court issues arrest murder cases have used legal tech- Maraunay said they suspect the funded by local politicians. lifted nicalities to evade arrest and trial. attack was linked to Labares’s reports Rollin was the first Filipino jour- warrant against After losing jurisdiction over the The arrest of former police officer on illegal gambling activities such nalist/media practitioner killed in the suspects in slay case, a judge recalled the arrest war- Guillermo Wapile, convicted gunman as video karera and cockfighting in line of duty this year, and the 40th A local court issued last Febru- rant he issued against the suspected in the killing of Edgar Damalerio, in Cagayan de Oro. Video karera is an under the administration of Presi- ary 16 arrest warrants against two gunmen in the murder of a radio 2002 was delayed because of typo- illegal virtual horse-race betting dent Gloria Macapagal Arroyo. CMFR suspects in the murder of radio broadcaster in General Santos City graphical error in the warrant of ar- game in the Philippines. Labares had has listed 78 journalists/media prac- broadcaster Arecio Padrigao last year last February 12. rest. been receiving death threats on his titioners killed in the line of duty in Gingoog City, Misamis Oriental. General Santos City Regional In 2008, the prosecution team mobile phone for almost two weeks. since the restoration of the institu- Judge Rustico Paderanga of Re- Trial Court (RTC) Branch 36 judge handling the case against the alleged He reported these to the police. tions of democracy in 1986 after 14 gional Trial Court (RTC) Branch 27 in Isaac Alvero Moran revoked the Feb- masterminds in the killing of In 2008, two RMN radio broad- years of dictatorship. Gingoog City authorized the arrest of ruary 3 warrant of arrest he had is- Marlene Esperat had to re-file the casters—Dennis Cuesta and Martin Ariel Degamo and Benjamin Palarca sued against Police Inspector case. 22 ...... • MARCH-APRIL 2009 ...... CRISIS

INTERNATIONAL a meeting with the mission, are the secretariat of the PNP’s Task Force disputed the Index saying it is “un- “Xin Qingnian Xuehui (New Youth ...... charged with speedily locating and ar- Usig; lawyer Nena Santos, private fair” because the Arroyo government Society Group)”. The group met once resting suspected killers of journalists. counsel of the Esperat family; some is trying to get the killers. a week to discuss political reforms SEA journalists’ Esperat, who exposed corruption Filipino legislators; and the Freedom GMANews.TV quoted Executive in China. mission tells Arroyo: in the regional office of the Depart- Fund for Filipino Journalists. Secretary Eduardo Ermita as saying Zili, Honghai, and two other mem- Stop the killing of ment of Agriculture (DA) and in local in a statement that “This allegation bers of the New Youth Society were government, was killed in her home Philippines is sixth by the (CPJ), concluded on the basis arrested in March 2001 for allega- journalists in Tacurong City on March 24, 2005. of unsolved cases in the last 10 tion of subverting the state. They SOUTHEAST ASIAN journalists Her exposé of DA wrongdoing has in Global Impunity years, is an unfair depiction of what were sentenced in May 2003. have called on the Arroyo government been linked to the 2004 fertilizer scam Index; Gov’t: it’s an is happening based on measures that Zili wrote articles in his website to intensify efforts to prosecute the scandal in which DA funds were alleg- exaggeration are inadequate.” Ermita also added on the repression of the Falungong killers of journalists and to arrest the edly used for the elections that year. THE NEW York-based Committee that the government has “properly spiritual movement and other socio- suspected masterminds in the 2005 The team members expressed to Protect Journalists (CPJ) named attended to” these cases. political issue. Honghai was a killing of a woman journalist. fear that the killing and harassment the Philippines as one of the 14 In a text message sent to report- freelance writer. “We are alarmed by the continu- of journalists in the Philippines could countries with the highest number ers, Press Sec. Cerge Remonde said The two others, Jin Haike and Xu ing killing of media workers in the spread to other countries unless of unsolved killing of journalists in CPJ’s claim that “the Philippines is Wei, are still being held in prison. Philippines and the inadequate mea- stopped. its 2009 Global Impunity Index. But deadliest for journalists may be a bit Haike and Wei were sentenced to ten- sures the government is taking to “One of the reasons we came to Malacañang officials dismissed the of an exaggeration.” He even added year imprisonment. Jin Haike is in the stop them,” the mission said in a the Philippines on the eve of the 4th Index as an “exaggeration”. that: “You can also take that as a posi- Beijing No. 2 prison while Xu Wei is March 24 statement. The mission, death anniversary of Marlene Esperat With a rating of 0.273 unsolved tive indication of the bravery and dedi- detained at a prison in Yanqing. organized by the Southeast Asian was because we believe that the cul- murders per one million inhabitants, cation of Filipino journalists that they According to a Reporters Without Press Alliance (SEAPA), visited the ture of impunity that is deeply-rooted the Philippines ranked sixth among are willing to make the supreme sac- Borders (RSF-Reporters Sans Fron- Philippines from March 21 to 24 to in the Philippines could be replicated 14 countries worldwide “where jour- rifice in the altar of press freedom.” tiers) study, at least 69 cyber-dissi- mark the fourth anniversary of the in other countries in the region un- nalists are murdered on a recurring However CPJ executive director dents are in prison worldwide. China killing of Sultan Kudarat journalist less there is a common effort to dis- basis and governments are unable Joel Simon in a statement said: “It is was named as one of the twelve Marlene Esperat, mantle it in the Philippines. We note or unwilling to prosecute the killers.” outrageous for the Philippine govern- “Internet Enemies” by the Paris- Based in Thailand, SEAPA mem- an increase in the violence against During the Index’s Manila launch ment to declare these murders have based free expression monitoring ber-organizations include the Philip- journalists and media workers in last March 23, CPJ’s Southeast Asia been ‘properly attended to.’” He group RSF in its study. Other coun- pine Center for Investigative Journal- Malaysia and Thailand including representative Shawn Crispin said added that the only way the Philip- tries in the list are Saudi Arabia, ism and the Center for Media Free- browbeating, harassment and mob the Philippines has been a “poster pines will be removed from the list is Burma, Cuba, Egypt, Iran, North Ko- dom and Responsibility, in addition attacks on individual journalists; child of impunity” with 90 percent of to arrest, try and convict the killers rea, Syria, Tunisia, Turkmenistan, to Indonesian and Thai journalists’ surrounding media premises; and the cases of killing of journalist still of journalists. Uzbekistan, and Vietnam. – RSF/IFEX groups. the killing of journalists in addition unsolved. CPJ recorded 24 unsolved During the launch, Crispin ac- “Given the prevailing sense of to the use of legal sanctions to si- killings of journalists in the Philip- knowledged the presence of govern- Burmese censors to urgency in the impunity issue and lence the media and suppress on- pines from 1999 to 2008. ment task forces, but said that the require digital copies in anticipation of an increase in the line free expression in 2008.” CPJ said that problems in the Phil- “statistical reality is that no journal- number of journalists being killed as “The culture of impunity” refers ippines’ law enforcement, local court ists’ murders has received full jus- of articles the 2010 presidential election draws to the seeming immunity from pros- systems, and witness protection tice since the Impunity Campaign was THE CENSORS’ Board of the Bur- closer, we call upon President Gloria ecution and punishment of most of have contributed to impunity in me- launched or her (Arroyo’s) myriad task mese military junta will ask local Macapagal-Arroyo to take the steps the killers and suspects in the kill- dia killings. According to CPJ’s Impu- forces have been formed.” Only two newspapers and magazines to sub- necessary to prevent that unfortu- ing of journalists. Only two out of nity Campaign coordinator Elisabeth out of 40 work-related cases CMFR mit digital copies of articles to be nate development. Madame Presi- the 78 cases of journalists killed Witchel, the government must “take recorded since 2001 have been re- published, Mizzima News reported dent, a halt to the killing of journal- while on duty since 1986 have been the hard steps needed to gain con- solved, and only partially in that no last March 11. At present, the Press ists as well as political dissenters partly resolved in that the killers have victions: assigning sufficient pros- masterminds have been arrested. Scrutiny and Registration Board re- would be one of the enduring lega- been tried and convicted. No mas- ecutors and investigators to these The Arroyo government has es- quired publishers and editors to pro- cies you can leave the Filipino people termind, however, has been pros- cases, moving trials to safe and par- tablished two task forces focused vide printed copies of articles before as your term ends. ecuted. Journalists groups worldwide tial venues, protecting witnesses, on extra-legal killings and media publication. “We note with concern that de- believe that this immunity from pun- and providing high-level political back- murders—the Philippine National An unnamed editor told Mizzima spite intensified efforts by civil soci- ishment encourages further killings. ing for all of these efforts.” Police’s Task Force Usig and the that this planned system would give ety and Philippine media groups The SEAPA mission called on In cooperation with the Freedom Presidential Task Force Against the Board the capability to directly themselves to convince the govern- media practitioners to adhere to the Fund for Filipino Journalists (FFFJ), CPJ Political Violence (popularly edit the content of and insert texts ment, its law enforcement agencies ethical and professional standards launched the 2009 Global Impunity known as Task Force 211). to the articles. The Burmese censors and the judiciary to address the is- of journalism so as to eliminate one Index in Manila last March 23 to high- CPJ first introduced the Impunity plan to introduce this system first to sue of impunity and the killings, the excuse for the killings, and to assure light that despite being a “peacetime Index in 2008 after recognizing the weekly journals. murders, a majority of which occur the outrage of the citizenry whenever democracy” the Philippines’ impunity growing number of unsolved work- The Censors board will evaluate the in the provinces, have been continu- a journalist is killed. It also called on rating is within those countries in related media killings worldwide. CPJ articles through a computer system. ing. An average of five journalists Filipinos to be involved in the cam- armed conflicts. Countries in conflict calculated the ratio of unsolved me- After the first evaluation by the Board, has been killed in the line of duty in paign against impunity because ev- like Iraq, Sierra Leone, Somalia, and dia killings to the projected overall the print media organizations will re- the Philippines since 2001 when the ery journalist killed deprives citizens Sri Lanka top the Impunity Index. population of countries with more ceive the printed copies of the articles Arroyo administration came to power. of their right to information. CPJ is a non-profit organization than five unsolved cases from Janu- followed by the corresponding digital By the end of February 2009, the The mission was composed of formed by U.S. foreign correspon- ary 1999 to December 2008. copies. Once the corrections are en- count of slain journalists had gone Doung Hak Samrithy, vice president dents in 1981 to defend press free- tered, the media organization will send up to 78 since the end of the Marcos of the Cambodian Association for the dom and uphold the rights of journal- Two cyber-dissidents the revised copy back to the Censors’ dictatorship in 1986, according to Protection of Journalists; Jajang ists worldwide. FFFJ, a coalition of six Board for final approval. statistics compiled by the Philippine- Jalamudin, secretary general of the media organizations, was formed in released after eight A trial run on the new censorship based Center for Media Freedom and Alliance of Independent Journalists, 2003 to address the growing number years system is being conducted, a staff Responsibility.” Indonesia; Pradit Ruangdit, secretary of attacks and threats against Filipino THE CHINESE government re- member told Mizzima. The mission also said that while it general of the Thai Journalists Asso- journalists. The Center for Media Free- leased two cyber-dissidents from An official of the Censors’ Board welcomed the creation of “tracker ciation; V Gayathry, executive director dom and Responsibility (CMFR) is a prison last March 12. told Mizzima that the publication are teams” in the Philippine National Po- of Center for Independent Journalism, founding member of the FFFJ and Yang Zili, founder of the website still required to submit two-thirds of lice (PNP), the Arroyo administration Malaysia; and Kulachada Chaipipat, serves as its secretariat. Garden of Ideas, and Zhang Honghai the total pages one week prior to could still do much more by tracking campaign and advocacy officer of The launch also marked the fourth were released from prison after com- publication. Formed in August 1998, down the killers of journalists and ar- SEAPA, the head of the mission. anniversary of the killing of Sultan pleting their eight-year sentence for Mizzima is a New Delhi-based news resting suspected masterminds. The mission met with the state Kudarat journalist Marlene Esperat. the charges of subversion. Both were agency reporting on Burma. —IFEX/ The tracker teams, said the PNP in prosecutor handling the Esperat case; Some local government officials members of the discussion group Mizzima ...... • MARCH-APRIL 2009 ...... 23 ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ CHRONICLE OBIT

Another Bad Year for the Press CMFR Releases 2008 TRINIDAD, 69 Press Freedom Report As the year 2008 ended, another CCLAIMED CARTOONIST ist and columnist. radio broadcaster in Northern Samar Francisco Flores Trinidad He was also graph- was killed by unknown assailants. The A Jr. died of complications ics editor for all Her- killing of Leo Mila of dxSY brought to from pancreatic cancer in Hono- ald publications. six the number of journalists/media lulu, Hawaii last Febuary 13. He Trinidad joined practitioners killed in the line of duty in was 69. the Honolulu Star- 2008. Aside from killings and physical Few Filipinos remember him, Bulletin in 1969. attacks, the Philippine press also faced despite his success in the US and His works also ap- legal suits and other harassment from his being among the first Filipino peared in publica- government officials and powerful journalists to leave the country tions such as The personalities. to evade harassment by the mar- New York Times, The Center for Media Freedom and tial law regime. The Washington Responsibility (CMFR) reviewed the He was the first editorial car- Post, Los Angeles state of press freedom in the toonist of foreign origin to be syn- Times, USA Today, Philippines, focusing on the killing of dicated in the United States. He Time, Newsweek, journalists and other attacks on the was the best known Asian edito- Punch of London, press from January to December 2008. rial cartoonist in the mid-60s, and Paris Herald Tri- CMFR’s Philippine Press Freedom the only Filipino daily political car- bune, Politiken in toonist in US newspapers. Sweden, Buenos Aires Herald, the HTTP://WWW.HAWAIISPJ.ORG

Report 2008, the third since 2006, also looked at the legal environment for ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ press freedom; problems in prosecuting suspects in the killing of More widely known as “Corky,” Philippines Daily Journal and the journalists; and the state of media ownership in the country. Trinidad’s nickname came from his Manila Chronicle. The Report looks into these threats as part of the effort not only to favorite character in the comic He found time to share his gift medal in 1980; and the Fletcher record the details of a deteriorating press freedom situation that needs strip “Gasoline Alley” which first and taught cartooning at the Uni- Knebel journalism prize in 1998. exposure, but also as part of CMFR’s contribution to the campaign to appeared in the Chicago Tribune versity of Hawaii. He was inducted into the Soci- improve respect for and observance of press freedom in the Philippine Sunday page “The Rectangle”. He Trinidad earned numerous ety of Professional Journalists’ Ha- setting. spent more than four decades awards for his artistic talent, among waii Journalism Hall of Fame in The Philippine Press Freedom Report 2008 is available online at the chronicling life and politics in Ha- them from the Hawaii American Civil 2005. The citation said that he CMFR website. Copies are also available at the CMFR office, second floor, waii and the world through comic Liberties Union; a Ten Outstanding fought pen-and-ink battles “against Ateneo Professional Schools, 130 HV de la Costa, Salcedo Village, Makati strips and editorial cartoons. His Young Men award for journalism in the wars in Vietnam in the 1960s City. Bulk orders from schools and libraries are provided at a discount. drawings appeared on the news 1965; a University of California at and in Iraq today, for civil rights, for Those interested may call CMFR at (632) 840-0889. pages as well as the editorial page Los Angeles Foreign Journalism justice for all, for compassion for of the Honolulu Star-Bulletin. Award in 1967; the top award twice the poor, the homeless, Palestin- rd Trinidad was a journalism for editorial cartooning in the Sa- ians, for the disenfranchised, for 3 Brightleaf Agricultural graduate from the Ateneo de Ma- lon Des Humour competition in blacks, for Filipinos, for Hawaiians, Journalism Awards nila University in 1960. He began Montreal, Canada; the ACLU Allan in defense of the environment, for Filipino journalists may submit their best news or feature reports and his career at the Philippines Her- Saunders Award in 1982; the Free- a cleaner society, physically and photos on Philippine agriculture for the Brightleaf Awards until May 15. ald in 1961 as a political cartoon- dom Foundation Thomas Jefferson ethically.” n The contest is open to Filipino journalists who are residing in the Philippines, 18 years old and above. The entries should be written in English or Filipino and should have been published from June 15, 2008 to May 15. in the island of Siasi, a town in But works written in other Philippine regional dialects will also be accepted SINDAYEN, 59 Sulu, a true-blue Tausug who is if accompanied by an English translation. NELLY SINDAYEN died in her sleep proud of her heritage. Tausugs are The award categories are: Agriculture Story of the Year; Tobacco Story of last April 4. She was 59. known for their bravery and fear- the Year; Agriculture Photo of the Year; Tobacco Photo of the Year; Agriculture Sindayen had diabetes and less traits as fighters. In Nelly’s Ragio Program/Segment of the Year; Agriculture TV Program/Segment of hypertension. Her lingering ill- case, her bravery was seen and the Year; Best News Story (National and Regional); and Best Feature Story ness had prevented her from work- reflected in all her works as a jour- (National and Regional). ing. She passed away three days nalist (http://arlyndelacruz. For more information on the contest guidelines, visit http:// before her 60th birthday. weebly.com/news— www.brightleafawards.com. Questions may be directed to the Brightleaf Sindayen began as a stringer features.html).” secretariat at any of the following numbers: (632) 332-1031 local 103 or for Time magazine in the mid-70s, Sheilah Ocampo Kälfors, a vet- 111. Brightleaf may also be emailed at [email protected] or earning only when her stories eran Filipina media practitioner, [email protected]. were published. She worked for said in a tribute: “Nelly Sindayen is HTTP://WWW.INQUIRER.NET The Brightleaf Agriculture Journalism Awards local newspapers (Manila Bulle- an institution in Manila’s media honors journalists and photojournalists who are tin among others) and magazines community. She became one with- “dedicated to the development of Philippine before serving as the correspon- Macapagal Arroyo declared a state out any efforts on her part. And agriculture.” dent in Manila of Time’s Asia of national emergency. there are not so many who have edition. Her career with Time She personified the commit- attained a celebrity status who can Abrera’s new lasted nearly four decades. ment to nuts and bolts journalism claim the honor of being one. She comic strip book Sindayen caught the attention that doggedly sought the facts that was unique in the way she became of those in power as well as the comprise the real story. a necessity to all, her nearest local and international public for She was a philosophy and letters friends and every distant visitor who PJR Reports cartoonist Manix Abrera has stories such as the alleged kid- graduate of the University of Santo came to Manila to start a long ac- released his fifth book, a compilation of his “Kiko napping of sportsman Tomas Tomas and was a founder of Foreign quaintance with a country, whose Machine” comic strips that appeared in the “Tommy” Manotoc in January Correspondents Association of the secrets were never unraveled so Philippine Daily Inquirer. 1982, the scandals and contro- Philippines (FOCAP). Journalist Arlyn easily. For Nelly Sindayen, Manila The book, “Alab ng Puso sa Dibdib mo’y versies surrounding the ousted dela Cruz wrote in her blog about find- and the country was an intimate Buhay!”, is printed by Visual Print Enterprises and president Joseph Estrada, and the ing friends in a competitive media knowledge.” (http://ricenroses. currently available in all bookstores. n failed coup attempt of February industry: “One of them is none other blogspot.com/2009/04/tribute-to- 2006 when President Gloria than Nelly Sindayen, a journalist born nelly-sindayen.html) n 24 ...... • MARCH-APRIL 2009 ...... MAY I BE THE LAST Events revealed just how far the power I had offended could reach

n By Alexander “Lex” Adonis same report for which I was al- ready serving a five months to WAS thrown into the Davao Criminal Investiga- four years’ sentence. Before the tion Detection Group jail, CIDG-XI, by Police Insp. judge when asked for my plea, I Teodoro S. Paguipon, noted ally of House Speaker said, “Not guilty your honor.” What was memorable about that Prospero Nograles on Feb. 19, 2007. The follow- day was that, in Manila, Sen. ing day I was committed to the Davao City Jail Antonio Trillanes and Gen. andI three weeks after transported to the national peniten- Danilo Lim had walked out of a tiary at the Davao Penal Colony, Davao del Norte. It was Makati court, and the journal- March 15, which happened to be “Davao Day”. ists covering the event were sub- sequently arrested, in stark Along with seven other con- demonstration of the same victs, I was bodily searched. My only protection abuse of power that had caused Cigarettes, lighters, and yellow was the day to day my imprisonment. and mint-green shirts were con- Other events revealed just fiscated. Cigarettes and lighters monitoring by my how far the power I had offended were supposedly strictly prohib- could reach. At 4 p.m. of Dec. ited, yet inside the prison com- colleagues in the 11, 2007, I was asked to put my pound there were stalls selling thumb mark on a medical refer- cigarettes and lighters. Yellow media, but I also ral document which said that I shirts were confiscated because drew strength from had requested a medical check- inmates assigned as Inmate Cus- up outside the prison hospital. todial Aides wore yellow shirts, fellow inmates who Despite my protest I was taken while mint green shirts were for under guard to Davao Medical inmates assigned to the Recep- were sympathetic Center, where someone told me tion and Diagnostic Center, the that while he was not connected first drop point for the prisoners, to my plight with Speaker Nograles, it was who were from every point in Nograles who had requested for Mindanao. my medical check-up upon Some of the prisoners, guards The morning TV program learning I was supposedly ill. To and employees had been my lis- hosted by Davao mayor Rodrigo this day I still don’t know why I teners. But I could hardly feel Duterte on Nov. 11, 2007 was was brought to the hospital, un- any comfort or security upon specially encouraging. The less it was to send a message to my arrival, as some of the fel- mayor declared that “You sent the media and the public that ons were once subjected to my a broadcaster to prison when he the powerful can be compassion- exposés and comments and could was only telling the truth and ate after all. easily claim that I had contrib- you know you lied...” He was ad- Now, three months after my uted to their conviction. Some dressing Nograles, whose libel release, I still feel like a stranger had been convicted of rape, oth- suit against the Burlesk King in the places I used to know so ers of murder, robbery, and scandal which I brought on the well. But to my colleagues in the drug running, and were serving air in 2001 had led to my im- media I can only say that I hope lengthy sentences. prisonment. I felt that the state- my case will be the last and that My only protection was the ment—that I had told the truth— no other journalist or media day to day monitoring by my vindicated me both as a broad- practitioner will go to prison af- colleagues in the media, but I caster as well as a human being. ter me. n also drew strength from fellow A little more than two weeks ...... inmates who were sympa- later, at around 3 p.m. of Nov. Sentenced to a prison term of four thetic to my plight, as well as 29, 2007, I was fetched by jail months to five years for allegedly with those who had been in keepers and brought to the libeling House Speaker prison for much of their lives prison conference hall, which Prospero Nograles, but who continued to look to- then served as a court hall. Davao broadcaster wards the day of their release. There I was informed that Alexander Adonis Before I knew it I had survived former broadcaster Jeanette spent a total nine months of uncertainty Lomanta Leuterio had also filed of two years and despair. a complaint against me over the in prison. MANIX ABRERA