2 APRIL 2008 PJR REPORTS EDITOR’S NOTE

PUBLISHED BY THE CENTER FOR MEDIA FREEDOM & RESPONSIBILITY Good news, bad news Melinda Quintos de Jesus Publisher

Luis V. Teodoro T’S A cliché in these parts, the idea that crisis brings out the indifference and the inherent weaknesses of the justice system. Editor best in people, but crisis can also, and does bring out, the If the boost in the number and depth of reports on the current worst in men and women. For every taxi driver who returns crisis is any gauge (see “Political Controversies: First Quarter Hector Bryant L. Macale I a laptop a passenger has left in his cab, for example, there must Shows Coverage Boost”, pp. 12-16) , at least part of the media is Assistant Editor be hundreds of other people who would not only grab any well on the way to recovery, and what’s more, many journalists opportunity to make a few dishonest pesos, but who would are quickly learning how to extract information, in behalf of Don Gil K. Carreon Jose Bimbo F. Santos even go out of their way to take something that doesn’t belong the public that needs and wants it, from an officialdom dedicated Melanie Y. Pinlac to them, often with the use of force or subterfuge. to concealing it. Official evasion, disinformation and even the Kathryn Roja G. Raymundo One can say the same of the Philippine media, which arrest of journalists appear to have taught the media the signal Kristine Joyce G. Magadia incidentally habitually play up every incident of people being lesson that their adversarial relationship with government, Apple Jean C. Martin at their best and most honest because it’s so rare. The political particularly with this government, demands the firmest Reporters crisis that has haunted the Arroyo administration as well as the allegiance to getting at the truth that it seeks to conceal. country as a whole has brought out the best in some of the On the other hand, the problems low professional standards Arnel Rival media. But it has also brought out the worst. in the context of a regime of self-regulation have remained, Art Director In 2007 among the results of that crisis, primarily because of despite the existence of such mechanisms as the press the Arroyo regime’s efforts at media suppression, was a decline ombudsman system and press councils (see “Tirol resigns as Lito Ocampo in the number of investigative reports, ironically in the context PDI Ombudsman,” p. 22 and “The right of reply: voluntary Photographer of a spate of government scandals and a regime policy of compliance or legal sanction?,” pp. 18-19). In many cases those Carol M. Paragele concealment. who believe themselves to have been abused by the media have Editorial Secretary It was unfortunate but understandable. The media were had no recourse except the courts, among other reasons because unprepared for the shift from the policy of transparency that the decision makers in too many media organizations pay lip Jose Abueva had been in place since the Aquino government to the policy of service to self-regulation but are at heart hostile to it. Joaquin Bernas, SJ opaqueness of the Arroyo regime primarily because it was not And yet self-regulation as well as continuing Melinda Quintos de Jesus only unannounced; it was also a creeping, gradual process that professionalization are the only alternatives to a regime of Fulgencio Factoran surprised the unwary. external regulation and media failure to deliver the information, Maribel Ongpin The shift was in fact achieved through an accumulation of analyses, and context that the times demand. Such a failure will Tina Monzon Palma Paulynn Paredes Sicam various acts and policies that before anyone knew it had made further encourage government efforts at intervention, and Luis V. Teodoro getting information and reporting it difficult as well as suspect. deprive the people the information they need to understand Vergel O. Santos The truth-telling at the heart of the journalistic enterprise had and to transform the structures of political power that have Board of Advisers become twice more dangerous for journalists, who found been so crucial in the making of Philippine society as we know themselves at risk of arrest and of being charged with libel and it. inciting to sedition, even as the killing of journalists in the communities continued, encouraged by government Luis V. Teodoro

The PJR Reports (Philippine Journalism Review Reports) is published by the Center for Media Freedom and Responsibility. All mail should be addressed to: PRESSED FREEDOM By 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

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PJR Reports welcomes feedback and contributions on press and media issues. 5PJR REPORTS APRIL 2008 3 IN THIS SPEAKING OF ISSUE MEDIA PJR REPORTS APRIL 2008 For the country’s sake bishops with a contrary opinion receive a lot of disproportionate media exposure “WE HAVE observed that in relation to and mileage. If one studies newspaper reports and interviews, their names ap- The writ of habeas data the national crisis and controversies plaguing our country, Gloria Macapagal- pear again and again. Yet bishops with In Defense of Press Freedom Arroyo has not only evaded impeach- this contrary opinion constitute less than KATHRYN ROJA G. RAYMUNDO AND KRISTINE JOYCE G. MAGADIA ...... 6 ment trials and charges of extrajudicial 10% of the whole hierarchy.” killings, bribery, corruption, constitu- Cotabato Archbishop and former Catholic What is Journalism For? tional violations, etc.; she has also escaped Bishops Conference of the Philippines (CBCP) MELINDA QUINTOS DE JESUS ...... 8 responsibility for highly controversial president Orlando Quevedo, reacting to the deals and acts by refusing to face the na- alleged “media spin” of a divided CBCP A Two-Way Street tion in a live and free-wheeling press hierarchy after the bishops did not join calls for President Gloria Macapagal Arroyo’s resignation LUIS V. TEODORO ...... 10 conference that’s open to all local and foreign media and other representatives or ouster, http://www.gmanews.tv, March 6 Political Controversies of the people. First Quarter Shows Coverage Boost “It seems that she has cowed the Phil- “What the Inquirer has done I consider ippine media into not asking for such a a total abuse of press freedom, an arro- HECTOR BRYANT L. MACALE AND APPLE JEAN C. MARTIN ...... 12 press conference. The media have cho- gant display of undeserved self righteous- COMMENTARY sen to be so meek and silent and are not ness, and a complete and utter denial of complaining at all about this. In fact, they my own rights as a private citizen. Con- Much Ado about Nothing—Almost sider being rudely surprised on a quiet LUIS V. TEODORO ...... are just content with the lies of Ms. 16 Arroyo’s official liars: Presidential Sunday morning with a totally false ac- The right of reply Spokesperson Ignacio Bunye, Executive count of yourself on the front page of a Secretary Eduardo Ermita, Cabinet Sec- major daily newspaper boasting a read- Voluntary Compliance or Legal Sanction? retary Ricardo Saludo, Palace trouble- ership of millions of Filipinos both here DON GIL K. CARREON ...... 18 shooter Mike Defensor, etc. and abroad. If this is not a crime, it should be, a crime necessitating the most The justice beat “It is high time for the media to dare Ms Arroyo to face the people and answer severe type of legal action.” Reporting Bar Exams the charges hurled against her so that the former Philippine National Oil Company people can judge her by her facial expres- president Eduardo V. Mañalac, denying an and Earth-Shaking Decisions sions, demeanor, actions, answers and Inquirer report that he was appearing as a witness to the Senate’s investigation of the MARIETON PACHECO ...... 24 even her famous temper, if she wants to show it. national broadband network deal. Three days after the controversial report, the Inquirer “In fact, the whole Arroyo family— apologized, http://www.abs-cbnnews.com, REGULAR SECTIONS to include First Gentleman Mike Arroyo, March 10, 2008 and Representatives Mikey and Dato, and Luli—should hold a similar live and Editor’s Note...... 2 “The hook-and-hold approach of news free-wheeling press conference without programs unduly buries hard news items Speaking of Media...... 3 threatening or buying the media. of national significance as it uses easy-to- “If Ms Arroyo is really untainted by Monitor...... 5 sensationalize spot news items and en- ‘Hello, Garci,’ ZTE, ‘Jose Pidal,’ tertainment-related soft news pieces to Crisis...... 20 NorthRail, SouthRail, Diosdado Maca- attract and maintain audiences.” Chronicle...... 22 pagal Boulevard, IMPSA, fertilizer scam, CyberEd, among others, the least that the excerpt from “Mulat or Manunuri ng Ulat: Obit...... 23 people can ask of her is to come out of Viewers Reception and Evaluation of Television News Programs,” a study by the University of her controlled press briefings. the Philippines Communication Research “She has hidden from the public long Department, Inquirer, March 24 enough. We think the time has come for her to stop hiding behind her Cabinet “First, the limit safeguards the public THECOVER and sacrificial lambs. from possible abuse by broadcast orga- “And to the Philippine media, please nizations in shortening programs to ac- get back your b—s, for the sake of our commodate more airtime for commer- The political crisis has country.” highlighted the basic press cial loads. Sacrificing program content for reader Lourdes Cruz, Philippine Daily profit is doing a disservice to the public. responsibility of providing Inquirer, March 7 “Second, the cap prevents broadcast information and analysis. stations from flooding the market with “Why does the opposition keep re- excessive commercials. Limiting the sorting to press statements and partisan number of TV and radio spots lessen the hearings? Is it afraid of impartial due advertising clutter; thereby, making the process?” ads more effective.” cabinet secretary Ricardo Saludo, challenging ABS-CBN 2 Corporate Communications head administration critics to question the Spratlys Bong Osorio, explaining his network’s support deal before the Supreme Court, for the Kapisanan ng mga Broadkaster ng http://www.gmanews.tv, March 7 Pilipinas’ (KBP) call for broadcast networks to follow the KBP rule limiting the commercial load of programs to a maximum of 18 minutes “The image of a divided hierarchy per hour, http://www.abs-cbnnews.com, could be a media creation. Four or five March 15 4 APRIL 2008 PJR REPORTS

LETTERS TO THE EDITOR

Disappointed obituary is printed (case in point, these aren’t worth very much unless they From a colleague murdered Assistant Solicitor Gen- contribute to or can be linked to some- Dear PJR Reports, eral Nestor J. Ballacillo, who was thing recent—or, to put it more techni- Highly respected PJR Reports; handling vital OSG cases) cally, unless there’s a news peg the re- S YOU well know, the UP Jour- porter can hang it on to. There’s also the AY I call you colleagues? nalism Department encourages • PR persons—always have an ulte- question of their being “exclusive.” How Even though I have been Aits students to read the PJR Re- rior motive when talking to jour- much data gathered from the beat is ex- M permanently in the Philippines ports, which we believe is a very useful nalists and “talking to him more clusive, and how long can one keep it since 1995, I still have difficulties under- instrument for a more lively discussion often” to get “juicier information” that way? standing and adjusting to print media jour- on media issues and ethics. Kudos, es- means allowing one’s self to be In any case, the Carreon article was nalism as practiced in this island nation pecially for the Monitor, which provides used by them; about those days when the beat reporter (my family has no TV). In 1989 I married a very good assessment on the news cov- has run out of whatever it is he or she a Filipina in Ormoc, Leyte. We went (back) erages. • And perhaps, more research should has “banked”. The same is true of his to Sweden, my home country, for four However, it saddened us to see an have been done for examples that list of sources: the article is talking about years. Then we/I said: I shall return. We article in the February 2008 issue that illustrate the suggestions, because what to do when even your usual sources have 4 children: 2 girls 17 and 12, 2 boys we found contrary to what we teach our the story on Malu Fernandez was have dried up. Otherwise the article 16 and 14. My family. students in J102 or Newswriting. Spe- not written by an Inquirer reporter wouldn’t have been written at all, would I have a column in the Eastern Visayas cifically, we refer to the article, “Where who was feeling “dry”. In fact, the it? Mail; my column is called “The Foreign to get stories on those dry days,” which article was written by Rodel Rodis, And where did Carreon say or even Eye”. (Before I elaborate a little on the shows a rather amateurish understand- a US-based columnist of imply that a reporter could talk about media excluding TV, I want to thank you ing of daily reporting and also lists so- Inquirer.net, who is very much in the weather or pets or some other topic for sending copies of PJR Reports to EV lutions appropriate only to a lazy re- tune with the OFW blogosphere. of equal irrelevance rather than issues or Mail, which is a weekly.) porter. events on the beat should he or she look Reading PJR Reports gives me pain as I enumerate our comments here: These are the important points with elsewhere for stories? Creating a straw well as pleasure, and above all guidelines First, a good reporter never “goes regards that article which we felt should figure so it can be more easily attacked for journalists, columnists, and other me- out of (his) mind waiting for a story.” A be raised. is an eminently unoriginal propaganda dia practitioners. Your remarks on good reporter goes after the story and Yours truly, tactic and one would have expected more advertorials, e.g., were instructive. never “waits” for it. He calls up his Rachel Khan of those who claim to be concerned with In the Feb. 2008 issue of the PJR Re- sources, makes the rounds of his beat Chair improving the skills and knowledge of ports, on page 14, Jerrie M. Abella had an and follows up leads. On the other hand, Journalism Department the next generation of journalists. article: “Beyond and Drama: The Limits a lazy reporter can be found “waiting” UP Diliman The rest of Ms. Khan et.al’s letter is of Media Reportage”. The first sentence: in the press office for a press release or as misleading, however. What newspa- “DRAMA. LIKE violence, sells.” How call for a press conference. per has never been scooped? It does hap- true. I would like to add that drama and Second, a good reporter may have a THE EDITOR REPLIES pen, and for a number of reasons. But a violence kill yes, kill common sense, dis- “slow day” but never a “dry day.” Slow rival newspaper’s exclusive could under- turb sound judgment, and often lead hot- days do not result from a lack of a break- VEN A cursory reading of the ar- score the weaknesses and strengths in headed youths to ill-advised conclusions ing story as implied by the article. In ticle in question should reveal one’s own coverage, and even suggest and actions—sometimes. many beats, such as health, environment Ethat it says the exact opposite of story leads, just as an obituary, or a PR To me, 69 years of age, every day is a and education, breaking news are few what Ms. Khan saw in it: the reporter person can, and without compromising drama, sometimes sensational, some- and far between. Slow days result from should not wait for a story but should either ethical or professional standards. times, I admit, boring or just ordinary. natural occurrences like a public holi- seek it out. Ms. Khan et.al. also say But please note the context in which Now a “hidden drama”. In the Phil- day for a bank reporter or a session they’re “saddened” (sic) by it. “Sad- PR persons are mentioned: Carreon says ippine Daily Inquirer (March 11, p. A15) break for a Congress reporter. dened” is not the right word. “Disap- one may be consulted because “he or she Frinston Lim’s article is deep and high Good reporters never have “dry pointed” is, and that’s what I am by this may agree to lead you to more interest- drama. The title is hardly exciting. “Ba- days” because they always have misreading of the article. ing stories,” and that’s all. Is it neces- nana ‘pole-vaulting’ workers in Davao “banked” stories, i.e. evergreen, exclu- Both “a slow day” and “a dry day” sary to say that the usual standards ap- Norte”. From the article I learned what sive data related to their beat that they are metaphors, meaning each phrase ply? The article doesn’t say abandon pro- pole-vaulting is, I could detect prob- had set aside for slow days. Also, their stands for something else. We can ar- fessional and ethical standards; it should lems from “the opening of the Chinese best source of news is their handy “little gue their respective merits until it be obvious that it doesn’t mean what it market.” The deep and high drama is black book” that has the names and con- snows in the Philippines in May with- doesn’t say. everyday drama for the 50,000 people/ tact numbers of various sources whom out really resolving anything. The ar- Neither does the article say that the actors who stand/work on the stage they can call when in need of a story. ticle did use “slow days” and “dry days” Malu Fernandez story was written by behind the scenes. So—the article is a Third, a reporter is normally as- interchangeably. But the phrase “dry “an Inquirer reporter who was feeling short, simple example of good journal- signed to a beat so that he writes stories day” was used in the head instead of (sic) ‘dry’”, only that “the mainstream ism. It deserves Cheers. Right? But miss- related to the beat. When a slow day “slow day” because it does seem more media picked it up after active discus- ing was more information regarding comes, would an editor accept a report apt: i.e., the well of news on the beat sion of the issue in the blogosphere.” more than one named company, SFC. on the “weather”, “parks” or “pets” from having been plumbed, it can turn out to Nowhere is the Inquirer even mentioned The photo caption: “… washes the fruits his Senate or Justice reporters as the ar- be dry, in which case the reporter has to in this part of the article, but Ms. Khan before packing” stimulated my wild ticle implies? look elsewhere. attributes to it a claim it never made. association to read in irony, a well hid- Also some of the suggested sources Investigative reporters and even As for doing research, PJR Reports did den kind. in the article are worrisome: opinion writers do “bank” (another research on the Malu Fernandez flap as metaphor) stories—which are different it does on every issue it addresses, which Kindest regards, • Other newspapers—if they become from the “evergreen, exclusive data” Ms. it has been doing since PJR was first pub- Jan Collander sources of news, it implies that one’s Khan’s letter refers to. Data are data, not lished 18 years ago, and in fact had an own newspaper has been scooped; stories. But is Ms. Khan saying that beat article on it in its September 2007 issue P.S. If you are willing we could have a reporters—who have to find fresh, hard (“What’s perfume to a columnist is lechon seminar in Ormoc on journalism in which • Obituaries—if they are lesser- news everyday—bank “stories” that in sauce to her readers: A column that some PJRs would be studied. known persons then “digging for her peculiar universe are equivalent to bombed”). Everyone is welcome to read If you are interested, just tell me. We their backgrounds” are at best a “data”? it. The claim that PJR Reports didn’t do can consider the journalists ‘ code of eth- waste of time, at worse an invasion If in her mind she’s referring to sto- its research on the Fernandez column is ics also. of privacy; Lesser known people ries, how can these be “evergreen,” con- as false as the claim that the article as a who are newsworthy, would have sidering the demands of timeliness? If whole favors the lazy and advocates bad PJR Reports is considering Mr. Collander’s been written about long before the on the other hand she’s referring to data, practice. n suggestion. PJR REPORTS APRIL 2008 5

CHEERS JEERS

The newspaper as Personal use Prospero Nograles has hired. The Star re- business tool ported March 4 that Nograles has hired JEERS TO BusinessWorld columnist four media handlers to replace former journalist Noel Albano, who headed the JEERS TO the Manila Bulletin for dem- Bernardo Lopez for using his col- umn in a clear case of conflict of interest. public relations and information depart- onstrating so well how a newspa- ment during the speakership of former per can be used as a business tool. On its Lopez used his March 12 column to write on his daughter’s academic problems at Palace ally Pangasinan Rep. Jose De March 1 front page and along side its lead Venecia. “With them working for my story about the large anti-Arroyo rally in the University of the Philippines (UP). De- fending allegations that his daughter, a team, I am confident we will achieve a Makati the previous day, the Bulletin re- great degree of success in our image- ported the joint birthday celebration of summa cum laude candidate, cheated in an exam, he wrote that there is a “great di- building campaign for the House of Rep- former President Fidel Ramos and his resentatives. I should expect positive re- wife Amelita “Ming” Ramos at the Ma- vide” happening in the university. On one side are students from private schools who sults in my first 100 days as Speaker,” the nila Hotel (“Ramoses celebrate their birth- Star quoted Nograles as saying. days jointly at Manila Hotel”). LITO OCAMPO have better communication skills and a better command of English, Lopez wrote, But the Star did not explain why Ignoring other issues that deserve The rest of the report discussed the and on the other, those who do not. All Nograles had hired four media handlers front-page treatment, the story had little word war between the two senators, the are bright and talented, he added, except when he could have hired just one as in news value, except for the fact that the latest in the continuing feud between that since perhaps most of those who came De Venecia’s term. Given the costs of hir- celebrants were former Malacañang oc- Madrigal and Cayetano since the begin- from private schools always speak English ing four people to do a job previously cupants and that Manila Hotel is owned ning of the 14th Congress. and probably exude a certain kind of con- done by just one person, the Star could by Bulletin publisher Emilio Yap. What the Star did not provide was a back- fidence, others hate them. “More so my have also asked if funds for the salaries of ground on the Magna Carta for Women and daughter Bernadette,” he wrote. the four image builders were available why several women’s groups are pushing What a gas The column was all about his and from what source. The report said that for the passage of the Magna Carta. The pro- daughter’s problem. He also published Nograles did not reveal the salaries of the posed Magna Carta, which failed to get CHEERS TO The Manila Times for dis- excerpts from his daughter’s letter to the four media handlers, but that according passed in the 12th and 13th Congress, seeks cussing the government’s efforts to university president, the UP Diliman chan- to Star sources, the four would each be to guarantee the basic rights of women and develop the biofuel industry in a series of cellor, and the college dean. Lopez also getting at least P50,000 a month. The Star provide them with necessary protection reports from March 2 to 4. The series tack- provided readers with a link to his did not also check Albano’s salary as a against discrimination. led the pros and cons in developing the daughter’s blog site, which had the full possible indicator of the salaries the four industry, including possible food short- version of the letter (“UP’s Great Divide”). would be getting (“Speaker hires 4 media ages, the lack of preparedness by oil com- Pirating biological handlers to improve House image, p. 8”). panies to meet the requirements set by resources the Biofuels Act, and a history of the False cover biofuels industry in the country. CHEERS TO the Philippine Daily In- quirer for extensively tackling JEERS TO the Manila Bulletin for biopiracy and its companion issues. The publishing advertorials in a “false Inquirer’s “Talk of the Town” section dis- cover” in its Feb. 26 issue. Using the cussed the issues of access and/or control paper’s typical layout, the front page ran over common biological resources, the advertorials about a detergent. In their patenting of biodiversity and genetic re- Feb. 14 issue, the Bulletin and another sources, and the sharing of commercial broadsheet, The Philippine Star, had also products from extracted genetic resources printed false covers about a shampoo and (“Battle over biological resources,” Feb. a toothpaste. Readers cannot be blamed 24). The Inquirer supported the story with for thinking they were reading legitimate a sidebar which defined biopiracy as the news reports rather than ads, since these “theft of biological resources.” It also pro- were not only laid out on the front page; vided a discussion on cases happening in they also used the same type and heads as LITO OCAMPO different countries, including the Philip- WWW.PARADISEPHILIPPINES.TV regular news stories. ‘Sexy’ vs. important pines. The Inquirer further discussed the in- Changes affect rice terraces Biased reporting cidents of biopiracy and its effect on the JEERS TO The Philippine Star for fo- country in a March 2 report about how a CHEERS TO BusinessMirror for dis- cusing on what is “sexy” while for- tribe in Mindanao and a farmers’ com- JEERS TO the Manila Standard To- getting to include what is important in a cussing how changes in Ifugao cul- day for biased and incomplete re- munity in Bohol are finding ways to pro- ture are related to the current state of the March 11 news report. In its story, “Jamby tect their remaining biological resources porting. A March 10 news report about vs Pia: Cat fight erupts anew at Sen- Rice Terraces. Reporting that “safeguard- the violent dispersal of protesters fo- and traditional crops (“Tribe, farmers ing the spectacular rice terraces of the Phil- ate,” the Star reported the long-standing guard against biopiracy”). cused on the injured policemen, failing feud between senators Ma. Ana Consuelo ippines begins with preserving the cul- to note that there were also a number “Jamby” Madrigal and Pilar Juliana “Pia” ture of those who created them,” it cited of protesters who were badly hurt dur- Cayetano which had persisted till the pre- diminishing efforts to revive the rice ter- ing the incident (“Cops nab unruly vious day as both “questioned their re- races due to changes in Ifugao culture rallyists”). It did not even try to get the spective inabilities to perform their du- (“Tradition in Peril: Saving Ifugao Heri- side of the rallyists. ties as lawmakers.” tage and the dwindling ‘Mumbaki’ (Na- The report also lacked important facts. According to the report, the feud tive High Priests),” Feb. 19). Merely referring to them as “rallyists”, erupted again when Cayetano wrote Mad- the report did not mention that those dis- rigal, chair of the Senate committee on Four for one persed by the police were workers from youth, women and family relations, “in- Southern Tagalog who were staging a quiring about the status of the bills on the The Inquirer report discussed Mt. Kitanglad JEERS TO The Philippine Star for fail- protest march calling attention to the al- Magna Carta for Women, of which and its rich biological resources. ing to ask the right questions on legedly intense trade union repression in (Cayetano) was one of the authors.” WWW.BUKIDNON.GOV.PH the media handlers House Speaker their region. n 6 APRIL 2008 PJR REPORTS

case, the police could have vio- lated her “right to privacy in life, liberty, and security”. Roque said that such a suit would be ideal in testing how the writ of habeas data could be used by journalists as a “shield against intrusions” into press freedom.

Habeas data defined The Supreme Court describes the writ of habeas data as “a judi- cial remedy available to any per- son whose right to privacy in life, liberty, or security is violated or threatened by an unlawful act Photos by LITO OCAMPO or omission of a public official or employee, or of a private in- dividual or entity engaged in the LITO OCAMPO The writ of habeas data gathering, collecting, or storing Aquino to get the disease. of data or information regarding Fast and complete, the person, family, home, and but… correspondence of the aggrieved Once more, with party.” IN DEFENSE The writ protects an CHEERS TO ANC for feeling showing that a breaking individual’s right to privacy by news report can be fast and com- JEERS TO IBC Express allowing him/her to find out plete at the same time. In its Balita for engaging in what data or information is be- March 24 breaking story about product advertising during a OF PRESS ing held about him/her and for former President Corazon newscast—again. what use and purpose it is being Aquino’s colon cancer, the news- Last March 4, it was multina- gathered, collected or stored. The cast immediately provided tional giant Nestlé which was at petitioner could demand “the background on the disease—a the receiving end of Express FREEDOM updating, rectification, suppres- laudable departure from the Balita’s generosity as the news sion or destruction of the data- common breaking news stories. program reported the launching n By Kathryn Roja G. Raymundo and Kristine Joyce G. Magadia base or information or files kept” Further providing back- of the food company’s new green by the respondent. The writ is ground on the disease, ANC tea product. Discussed in the HEN GOVERNMENT officials are con- meant to establish the right to also interviewed a cancer spe- commercial plug were the stantly attacking the media for do- truth, and is especially relevant cialist. But the questioning was product’s medicinal properties ing their job and even describe jour- to those individuals, such as jour- not as commendable. Although and where it can be bought. nalists as enemies of the state, are nalists, about whom state agen- cies compile derogatory informa- the doctor said he was unaware PJR Reports has previously journalists the last to know when it of the former president’s medi- noted Express Balita’s tendency comes to the legal remedies available? cal history, not being her per- to cede news air time to adver- W sonal physician, he was still tisers. Among the items that No news organization or journalist. The journalist was later asked to speculate on such mat- have been hawked in the gov- even any journalist has filed a reported as Batnag. Faeldon, then ters as from which side of the ernment-sequestered station petition for the writ of habeas on trial for involvement in the former president’s family the are condoms, pizzas, liquor data. More than two months af- 2003 Oakwood mutiny, was disease could have come from products, and antiseptic mouth- ter the Supreme Court promul- among the protesters led by and what could have caused wash. n gated the writ, journalists appar- former Navy lieutenant, now ently have yet to familiarize Sen. Antonio Trillanes IV and a themselves with this legal tool, group of soldiers under trial for much less appreciate its implica- the alleged mutiny. tions on the practice of journal- Roque said Batnag could de- ism. mand that the police release in- To test its effectiveness for the formation it has about her and media, a media organization or her alleged involvement in Providing context a practitioner should act as the Faeldon’s escape. The police petitioner in a case. Harry Roque, could have been tracking Batnag CHEERS TO MindaNews lawyer and a University of the and/or observing her move- for exploring an impor- Philippines law professor, sug- ments to locate Faeldon. In this Batnag tant angle in the legality of the gests that Dana Batnag of the Japa- Mineral Production Sharing nese wire service Jiji Press should Agreement (MPSA) and the Fi- file such a suit. nancial Technical Assistance Roque, who is also the coun- Agreements (FTAA) under the sel for the journalists and media 1995 Philippine Mining Act Macambol residents protest against groups that filed a class suit (http://www.mindanews. mining operations in their area. against government officials for com/index. php?option= KEITH BACONGCO the arrest of journalists covering com_content&task= Barangay Macambol, Mati, the Nov. 29 Manila Peninsula view&id=3959&Itemid=160). Davao Oriental led the residents siege, recalled that Batnag be- Instead of merely reporting a into filing community petitions came the subject of news reports picket protest as an event itself, against the MPSA and FTAA. It when the police alleged that their the March 7 story “Residents explained the delicate ecologi- investigation of the Manila Pen- picket mining firm’s office in cal balance that surrounds the insula incident last year showed Mati” provided supporting de- mining site and the indigenous that one of the participants, Ma- tails explaining why the current people’s claim to their ancestral rine Capt. Nicanor Faeldon, es- environmental situation in lands. n caped with the help of a female The writ of habeas data can be used to defend press freedom, Roque said. PJR REPORTS APRIL 2008 7 tion because they are, rightly or wrongly, considered as security risks. Such information can be and has been used to include people in military “orders of EXTENDING battle” and to label them with- out giving them the chance to THE RIGHTRIGHT TO question the information and to RIGHTRIGHT defend themselves. Together with the writ of INFORMATIONINFORMATION amparo and writ of habeas cor- pus, the High Court sees OES THE promulgation of the writ of habeas the writ of habeas data preempt or otherwise weaken the pend- data as a tool to ad- ing House and Senate bills on the right to infor- dress extrajudi- D mation? cial killings and ...... enforced disap- Lawyer Harry Roque said that pearances in the writ does neither, but rather the country. complements it. The writ ex- tion. The per- =88889005).” Promulgated tends the right of citizens to in- son or rela- Roque does not share Rufo’s last Feb. 2, the formation since it gives fur- tive could then reservations. The writ is meant writ also en- ther access to data gathered, choose to share to protect the rights of the indi- titles the families collected, and stored about a the information vidual against the state and ex- of victims of such person by a government agency with the media. isting jurisprudence upholds pro- killings and disap- or by any private individual or In cases where jour- tecting the work of journalists in pearances to know the cir- business. nalists would like to gather data matters of public interest. He cumstances behind the fate of The legal basis of the right to beyond what the writ could pro- added that, in the first place, un- their relatives. It compels gov- information is in the 1987 Phil- vide, they can file a petition for a like state agencies like the police ernment agencies to release in- ippine Constitution, as stipu- writ of mandamus which is con- and military intelligence, it is not formation and allow access to of- lated in Article II Section 28, sidered a general remedy for ac- the function of journalists to store ficial records otherwise closed to which states that “the right of cess to information, said Roque. or withhold information, thus the victims. the people to information on disqualifying them as possible re- Habeas data is the youngest matters of public concern shall A threat to press freedom? spondents in a habeas data case. of the three writs. It originated be recognized” and Article III The rules on the writ of ha- in the 1981 Council of Europe As investigations surround- Section 7, which declares that th beas data also recognize the limi- 108 Convention on Data Protec- ing impunity, increasing human “...the State adopts and imple- tations of the information that tion. The council aims to create rights violations, and exacting ments a policy of full public dis- form for the effective exercise of could be demanded from a re- defenses for individual privacy accountability from government closure of all its transactions the citizen’s right to informa- spondent. A provision of the writ through the protection and regu- authorities begin to catch the involving public interest.” tion.” The Access to Information specifies “lawful defenses lation of personal data. Several public’s attention, concerned The right to information is Network (ATIN) regards the bill as (against the writ) such as national Latin American countries like groups see the writ of habeas data also enshrined in Article 19 of crucial to improving the exercise security, state secrets, privileged Brazil and Colombia also use the as another welcome development the International Covenant on of the right to information in de- communication, confidentiality writ to protect individuals in the effort to bring these prob- Civil and Political Rights, to fining exceptions, providing a of the source of information of against human rights abuses. lems to a close. which the Philippines is a signa- clear coverage of the right, and media, and others (emphasis by Mass media in particular are tory. It states that “this right shall imposing sanctions on those who PJR Reports).” The media are Using the writ affected by this newest remedy include freedom to seek, receive violate it. therefore protected by existing Due to the relative newness of offered by the High Court to and impart information and Advocacy groups have been laws, among them the Shield Law the writ, questions on its provi- the burgeoning human rights ideas of all kinds, regardless of pushing for a Philippine Free- (Republic Act 1477) which pro- sions and use have been many. problem. frontiers, either orally, in writing dom of Information Act since tects the confidentiality of their PJR Reports interviewed several Last Feb. 4, however, one re- or in print, in the form of art, or 1993. Reps. Lorenzo Tañada and sources. news media practitioners from port claimed that the writ of ha- through any other media of his Del de Guzman filed a similar bill The role of journalists in in- print, TV, and online. While all the beas data could work against the choice.” on Aug 14, 2007 during the 14th formation dissemination is also interviewees were aware of the interests of journalists. The writ This means that aside from Congress. enshrined in the Bill of Rights of writ of habeas data, most of them could hinder the daily tasks of the information that the writ of Despite the fact that the Con- the 1987 Philippine Constitution. chose not to comment on the pro- journalists to search for or gather habeas data can obtain about stitution upholds the right to in- Article III, Section 4 of the Con- visions of the writ and its effect on data, tap official and unofficial the victims of extrajudicial kill- formation especially on matters stitution states “No law shall be journalistic practice because of sources for information, and in- ings and disappearances, offi- of public concern, lawyer passed abridging the freedom of their limited understanding of the vestigate the misdeeds of gov- cial records and other data in Nepomuceno Malaluan, co- speech, of expression, or of the writ. ernment officials, said journalist the public interest should be convenor of ATIN, said that with press, or the right of the people The writ of habeas data, as lit- Aries Rufo. made available by government the current government policy of peaceably to assemble and peti- erally translated from Latin, In “Can Writ of Habeas Data as provided by the Constitution. concealment, people still find it tion the government for redress means “you should have the Stifle Media?,” the Newsbreak re- Roque stressed that an enabling hard to access public data and of grievances (emphasis by PJR data.” The information that could porter wrote that “While the writ law “to give life to that” is not official records. It is therefore Reports).” be retrieved using the writ is lim- of habeas data does not prevent necessary, the right to informa- important to pass the bill since it The writ itself is thus not a ited to the protection of the right the gathering of information per tion being self-executory. The would provide the necessary threat to press freedom, but a tool to privacy, which is a personal se and covers only the collection writ of habeas data thus expands sanctions to a government offi- for exacting accountability. As right. Only the aggrieved person and dissemination of ‘erroneous’ relatives’ access to information cial or agency that would refuse journalists report on what the —or in cases of extrajudicial kill- data, the possibility exists that it in behalf of the victims of extra- to give out the information. The ings and disappearances, mem- can be abused, especially by gov- government is doing, the govern- judicial killings and disappear- bill, he said, will “connect the bers of the family—may file pe- ernment officials, to prevent jour- ment compiles information on ances, as well as the right to the gaps” in the procedural problems titions for the writ. nalists from conducting lifestyle journalists, which may be accu- same access of the subjects of of obtaining data and “fleshing Roque said that a journalist checks or investigations on cor- rate or otherwise. The journalist’s government information-gather- out the Constitutional can use the writ by cooperating rupt practices (http://www. best defense is to be ethical and ing. guarantee” of the right to infor- with a person (or a family mem- newsbreak.com.ph/ professional, thus preempting The Freedom of Information mation and the people’s right to ber of the victim) s/he is writing index.php?option= any use of the writ against his or Act serves “as a practical plat- know. n about, since that person can com- com_content&task= her right to practice his or her pel the source to release informa- view&id=4139&Itemid profession. n 8 APRIL 2008 PJR REPORTS

n By Melinda Quintos de Jesus

TWO VIEWS ON THE PRESS A crisis of leadership

AND THE POLITICAL CRISIS HE POLITICAL crisis in the Philippines is a crisis of leadership, provoked initially by the initial controversy over the president’s inter- The following were presented during the Center for ference to manipulate election results in 2004. The crisis has been heightened by serial Media Freedom and Responsibility forum on “The chargesT of corruption with a resulting loss of public trust and confidence in her leadership and her capacity to coverage of the political crisis” last March 25, 2008. put public interest as the central value of her govern- ment. While these have all failed, the number of impeach- ...... ment complaints (13) and attempts (three) filed in Con- gress— a strong indication of the depth of the crisis— are unprecedented in Philippine history. But as has been pointed out Journalism as a process in- by many critics of President volves editing, the review and Gloria Macapagal Arroyo, it is revision of reports, analysis and not only the public officials cur- commentary. While eyewitness rently in power who are failing. reports in the blogs may be WHAT IS The entire political system, cul- highly valuable in terms of find- ture, and conduct of the ruling ing out about events and related class are all in need of reform. information, such on-line reports Because weaknesses seem em- are not always reviewed for au- bedded in the system, the public thentication or verification. seems at a loss about how best to resolve the crisis. Controlled or free JOURNALISM The public has not been able We often think of the differ- to unite on a strategy. The con- ent purposes assigned to journal- tinuing challenge to the president ism in different political systems. has weakened the authority of But there is a common ground. government and the state, along Whether in a free or controlled with its agencies and instrumen- system, the press can provide so- talities. The profound polariza- ciety a common fund of shared FOR? tion has eroded public support for knowledge and understanding government itself as leaders re- about itself, reflecting shared sort to a tactical approach to in- ideals and aspirations as well as sure the president’s political sur- the consensus on how these goals vival. are to be achieved. That has al- The press community itself is ways been one of the purposes divided. News reports and com- assigned to journalism—that it mentary reflect the opposing provide people the means for car- views of the factions among po- rying on a conversation. The litical groups and organizations, American scholar James Carey as well as those of civil society. has described journalism as pri- marily a medium for the conver- Basic principles sation of a community. A review of basic principles Where is the difference in the may help clarify the role of the way the two systems produce this press during the present crisis. conversation? In principle, What is journalism for? What is though perhaps not always in its function and purpose in soci- practice, the free press opens the ety? What are its obligations and conversation to all. The purpose responsibilities? of a free press is to provide the The revolutionary advance of kind of news and information communication technology and that will help members of soci- the explosion of news and other ety to become free citizens who media formats, the rise of will engage one another in dis- blogging and the emergence of cussion and debate about public citizen reporters and commenta- issues, and who can express their tors have all created radical preferences on policy choices and changes in how we think of me- their ideas about the laws and dia and news. Precisely because regulations that govern their of the blurring of activity lines lives. and the resulting confusion about In a controlled regime, gov- KATHRYN ROJA G. RAYMUNDO what makes journalism, journal- ernment sets limits on the scope ists need to establish a common of the conversation and selects or shared understanding of what the participants in the public fo- they do as journalists. Only rum. The controlled system sees when we clarify this under- the press as the government’s standing can we take the neces- communication arm. It is a sary step of accepting the obli- handmaid to government, which gations and responsibilities in- has paramount authority over corporated in this activity. policies and the implementation PJR REPORTS APRIL 2008 9 of laws, policies, and programs. The journalistic community Polarization The journalist the “truths” that it reports. It is the government’s view of the typically avoids this kind of dis- In a divided society, different When the public is so ad- citizens’ needs that becomes para- cussion and most members of the groups will compete to use the must commit to vised, it learns more about the mount. press think neither of the theory press to publicize their side or process and develops a stron- Singapore’s national develop- nor purpose of what they do. their view so as to gain public investigate and ger public ability to sense mis- ment, for example, has seen pro- Journalism is work and a job. And support. Getting the press on or disinformation. Newsrooms found changes in the guidelines the conventions have been laid one’s side has also involved the detect the lies, should use a general checklist given to the press according to out for so long that they ceased practice of paying off its mem- expose them, for accuracy culled from the government’s view of society’s to worry about the problems that bers to assure favorable coverage. different institutes that have current needs. arise in the course of the practice. The press can also be won over and assert the studied the journalistic process Most journalists do not think of by selectively consulting only in seeking to improve it and to Mega media the information they provide as those sources that can tell the de- facts and the make it rise to the challenge of The mega-media companies having such an enlarged purpose. sired story. Journalism’s purpose complex stories. operating in the global free mar- They think simply of providing (of providing news and informa- truthful Objectivity, neutrality and ket system today have also radi- something that the public wants tion for citizens) is more difficult conclusions impartiality are all part of the cally changed our thinking about and will buy; they are giving to fulfill when conflicting and same cloth of practice and news and its purpose. These com- them a category of information opposing views all claim to have that may be method. The finding of truth panies are involved in producing or knowledge that has been called the truth on their side. shows a bias for truth as a value, a commodity, a product that “news.” Kovach and Rosenstiel make drawn from reflecting on the natural advocacy needs to be packaged, perhaps Older generations of journal- three points that are relevant to that journalism must carry. The buffed and shined a bit so it can ists have proudly said there is no this discussion. them. “news” that provides more truth compete for a larger share of the need to define the news, we know First, “The essence of journal- ...... about an official transaction may market. it when we see it. Today, when ism is (that it is a) discipline of be seen as biased against one side News then becomes all of the the ordinary man in the street has verification.” Among the many mind us that the concept of ob- as it exposes the claims of one or above, but as defined by two lead- the means to report the news, forms of mass communication, jectivity has been misunderstood another as lies. Some may see ing American journalists, Bill perhaps ahead of the radio or TV journalism alone focuses on get- as an aim or a purpose. A jour- the effort to expose lies and de- Kovach and Bob Rosenstiel, “the news teams trawling the streets, ting right the relevant facts of nalist has to be objective. The ear- ception as partisan journalism. In primary purpose of journalism is the credentialed press has be- what happened. liest forms of the press in the US times of political crisis, it is im- to provide citizens with the in- come more curious about what In a situation where as many and in the Philippines were pro- portant that the press take this formation they need to be free sets them apart as a community versions of what happened can duced for a cause. Objectivity, role, or it shall be party to the and self-governing.” (Kovach of journalists. be heard or reported, the journal- they point out, is not an aim, but deception. and Rosenstiel, 2007). This defi- Because of the current cri- ist must commit to investigate a method employed in produc- Third, in confronting the mul- nition was articulated only after sis, however, more and more and detect the lies, expose them, ing journalism. It includes col- tiple factions that claim their re- one of the broadest efforts con- groups and organizations have and assert the facts and the truth- lecting data and validating the spective truths, the journalists ducted by the American press to learned the virtues of self-ex- ful conclusions that may be evidence; and from these, formu- must make sure of their “inde- define for its members the func- amination and evaluation. It drawn from them. lating a perspective or truthful pendence from those they cover.” tion of the press in American so- seems appropriate for members Unfortunately, the conven- conclusion based on verified It is natural for journalists as- ciety. of the press to do the same: to tional news report that records facts. signed to beats to develop a The group project was orga- examine the practice and under- simply what the different propo- Often, claiming editorial bal- working relationship with the nized by what would be later stand the demands of the role nents are saying has become an ance and objectivity, reporters subjects of their news reports. The called the Committee of Con- assigned to them, as well as the inadequate format for this pur- will limit their work to the cita- mutual need can sometimes drive cerned Journalists. Using various standards of conduct of journal- pose. The press must employ tion of statements made. Kovach journalists into a relationship of methods, including content ism. more means than simply record- and Rosenstiel call the result a dependency on sources, or to lose analysis of news, as well as pub- Increasingly, however, the ing the statements made in an “journalism of assertion,” as the the detachment that is necessary lic forums, conferences, inter- media are being seen as part of official investigation. The press quoted statements are not veri- to verify what these sources re- views, and surveys, the project the problem. It is important that must sift the verified and cor- fied. Given the neutral narrative veal to them. describes the theory and the cul- they see themselves as also part roborated facts from the gossip voice, the reports cover up what In producing commentary, in ture of American journalism. of the solution. and the propaganda. the journalist has failed to do. interpreting the meaning of From that description, the au- Perhaps we can add to the When it fails to do this, it It is true however, that cultural events, a journalist who writes thors assert the purpose of jour- media’s list of needs that of evalu- holds back the public’s ability to blinders will keep even a trained opinion columns has more free- nalism and enumerate its obliga- ating the various styles of jour- make a judgment about where the reporter to see only what he or dom to develop his or her voice tions and its responsibilities. The nalistic conduct. We need to ac- truth lies in a scandal and contro- she can or wants to see. Walter and his or her point of view. But output is documented in a book, knowledge that circumstances versy. Rather than making things Lippman has prescribed the de- these journalists are still bound The Elements of Journalism, that has can affect the manner by which clear, press reports that are lim- velopment of the “scientific by the principles of accuracy and already gone into a third edition. they gather and report the news. ited to “he said, she said” accounts spirit” as a remedy to such hu- truthfulness as their opinions still We turn to this American ef- Like the American press, the Phil- can only lead to greater confu- man tendencies. The “scientific need to be based on verified facts. fort and its findings because the ippine stance is adversarial to- sion. Without background and spirit” involves a method that In a time of political crisis, can Philippine press is modeled on ward government. context, such reports are almost includes, the citation of as many we expect journalists to keep the American press system. Our This submits to modification without meaning. sources as necessary, the careful themselves disinterested in po- constitution provides for free- when the country is at war or is Second, journalistic objectiv- observation of the reality re- litical outcomes and to stay clear dom of speech and the press in under attack. But the shift has ity is not the absence of opinion. ported, and reference to docu- of the currents of political tur- almost exactly the same terms, been harshly critiqued as the Journalists are like everyone else mentary evidence. moil? the most libertarian to be found American press failed to more who have personal backgrounds In times of crisis, this “scien- Press practice in behalf of pub- in the world: “No law shall be critically look at the American and histories which necessarily tific spirit” requires also that jour- lic interest involves a level of passed that shall abridge the free- military engagement in Iraq, the give them an outlook and a per- nalists do what scholars and aca- commitment to country and so- dom of speech and the freedom detention of suspects in spective. Are they not allowed demics practice, which is to de- ciety. Kovach and Rosenstiel ar- of the press...” Guantanamo, or even the scan- these views and opinions as jour- scribe the method and manner by gue that the model is “not disin- Despite alarming signs to the dals which rocked American cor- nalists? which the reporter or commen- terested. It is not cynical. It is not contrary, we have not yet moved porations. It would seem then Obviously, journalistic re- tator found out about the facts disengaged.” away from this model. In fact, the that the adversarial style is not porting deals with the one’s and the measures taken to check Rather, they see the leadership provided by Chief Jus- as important as the vigilant cov- views and opinions in a different the accuracy of these facts. They “journalist’s role as predicated tice Reynato Puno has signifi- erage of all public issues as these way than those assigned to write must force themselves to tell the on a special kind of engage- cantly asserted and highlighted arise. Adversarial reporting need commentary and opinion pieces. public how they came to know ment—being dedicated to in- the value of freedom of speech not be seen as a hostile challenge, But journalists on any page of the what they know. This transpar- forming the public, but not and press to our way of life, the but as the performance of an in- newspaper must commit to the ency exposes the process playing a direct role as an ac- values for observance by govern- stitutional check on the exercise method of verification. through which a newsroom tivist. It might be called ‘en- ment, and the people. of power. Kovach and Rosenstiel re- determines the reliability of gaged independence.’” n 10 APRIL 2008 PJR REPORTS

Lately the crisis has taken the In that sense ethical journalism form of a confrontation between, is competent journalism, and vice on the one hand, a president versa. more than a majority of the popu- In practice, truth telling as a lace believes was not legitimately fundamental ethical principle in elected, and, on the other, a broad journalism finds expression in spectrum of forces that wants her factual accuracy, which in turn is A TWO-WAY government to at least account premised not only on getting the for, or to at most resign over, the statements of sources correctly, vast network of corruption that but also on checking one’s facts, has metastasized in it. Late last consulting a number of sources, year, however, the country was and providing context, back- also treated to a crisis which was ground and/or history. erroneously reported as a coup Although truth-telling is a STREET attempt, the main component of basic responsibility, it is, how- which seemed to be a press con- ever, in turn governed by the ference in which the same puta- principles of independence and tive president was asked to re- justice as equally vital ethical sign. commitments. These are realized We have thus witnessed one in practice not only through the political crisis after another, each journalist’s non-involvement in of varying intensity, but each one any interest that would compro- being, by common consent, a mise his or her autonomy, but turning point in the way the coun- even more intensely, also in his try is being governed. And that’s or her capacity to transcend in what a political crisis is—a mo- favor of the facts his or her own ment in the life of a country in advocacies, personal preferences, which issues of power and gov- or even bias when reporting or ernance come to the surface to commenting on issues of public shatter the illusion of stability concern. that every government this coun- In addition, the principle of try has ever had since 1946 has humaneness mitigates the harm taken pains to cultivate. truth-telling can inflict on news subjects, especially those accused The mother crisis of wrongdoing who are pre- The political crises we have sumed to be innocent, as well as witnessed are, however, rooted those sectors of society that are in a mother crisis that unless ad- most vulnerable to harm through dressed will continue to create the publicity. In practice, this prin- instability governments like the ciple is realized through specify- present one hate, but about which ing that suspects are only sus- they have been unwilling to re- pects, for example, or in with- ally do anything beyond the con- holding the names of women and veniences of repression. That children involved in crimes mother crisis is that fueled by the whether as victims or suspected contradiction between the de- perpetrators. mand for competent, honest and visionary governance that has Indispensable been at the heart of Filipino hopes These ethical and professional for over a hundred years, and its principles are indispensable to obvious absence. the basic journalistic responsibil- LITO OCAMPO The Philippine political crisis ity of providing information to is driven by the people’s hopes a public that has a right to it. As principles to which observance is n By Luis V. Teodoro on the one hand, and by the po- litical class’ corruption and in- voluntary, they are necessary in a regime of press freedom, in OLITICAL crises take many forms. In this competence on the other. For as long as that contradiction re- which the presumption is that country—and for the generations represented mains, little child-crises of vary- journalistic responsibility can be here today—these forms have ranged from ing intensity will continue to af- achieved only through self-regu- such critical events as the bombing of a flict this country, which means lation. political rally and the subsequent suspension that journalists will be constantly The absence of government of the privilege of the writ of habeas corpus, the decla- called upon to report and com- regulation is the fundamental P condition for press freedom as a ration of martial rule, the killing of the late Senator ment on developments that are Benigno Aquino Jr., military-civilian mutinies that have not only crucial to the country’s constitutionally protected right unseated presidents, several coup attempts, and a dec- present and future, and which in the Philippines. The Constitu- thus impose certain demands on tion in fact emphasizes that no laration of a state of emergency which itself became an the press. law may be passed abridging emergency for many groups and individuals as well as Most of those demands we are press freedom and free expres- for the Bill of Rights. all familiar with. Like any other sion. But as experience has issue or beat, the coverage of po- shown, this alone is no guaran- litical crises is governed by the tee that press freedom cannot be professional and ethical stan- curtailed. dards of journalism. These stan- The events of Nov. 29 are only dards are linked to each other, the one such indication during the principles of ethical conduct be- Arroyo watch. The raid on a news- ing reflected in the practical per- paper office in 2006, the threats formance of the journalist’s job. that inciting to sedition charges PJR REPORTS APRIL 2008 11 will be filed against certain me- Slippery slope dia organizations, the spate of li- Journalists Personal involvements are bel suits and advisories that specially tricky, a slippery slope promise legal retaliation should covering on which journalists would do journalists refuse to heed police best not to be caught. In such in- orders—all are indications that political crises stances the accepted protocol, as the Constitutional guarantee is tough as it may be to follow, is to not enough. are at risk inhibit one’s self from reporting They also show that what is on the sources with whom one is needed is government good faith because the involved, given the difficulty of as well as commitment to press retaining one’s neutrality when freedom, based on the recogni- forces involved reporting on those sources. tion, as Chief Justice Reynato Most journalists are aware of Puno has pointed out, that press look at the and understand the ethics of re- freedom is a primary right and porting on sources with whom that it may not be curtailed un- press as a they may have developed close less there is a clear and present ties. Journalism ethics does not danger to the state which report- hostile entity demand that journalists abandon ing or commentary may aggra- their advocacies, or forbid their vate. Pledged to protect and de- that needs to acting on them. But acting on fend the constitution, govern- those advocacies does have con- ments are charged with the re- be contained or sequences, among which being sponsibility of upholding press hauled off to court and even to freedom, not for its own sake, but suppressed. prison are, or should be, accepted to enable the news media to dis- risks...... charge their mandate of provid- These risks are specially pro- ing the citizenry the information nounced in covering political cri- it needs on matters of public in- brings, and they have raised vari- ses, because those forces involved terest. If the press has the profes- ous issues to cloak their bottom in such crises often look at the sional and ethical responsibility line wish, which is no coverage media as hostile entities that ei- of being accurate, independent, at all, or, at least, coverage that’s ther need to be contained, or sup- fair, and compassionate, a re- to their liking. pressed. In the present circum- sponsible, lawful government has When the police and other stances, covering political crises the even more urgent responsi- government agencies and offi- will always involve such risks. bility to protect press freedom as cials raised these issues some jour- This is not to say that being ar- a Constitutional mandate. nalists were understandably con- rested onsite is lawful, only that a Rather than recognize this re- cerned. The community is after government to which legality is sponsibility, however, the Ar- all committed to the standards of often the last concern cannot be royo government has made it a the profession, and if journalists underestimated. The responsible policy to undermine the Consti- overstepped their bounds, it was coverage of political crises may be tutional protection to which press only correct for them to reexam- a two- way street in which both LITO OCAMPO freedom is specifically entitled. ine themselves and their actions. the media and the government The soured and souring relations The press and the media should already in custody, which would journalists have little hope of have their respective responsibili- between the media and the Ar- be thankful for every opportu- preclude their obstructing police prevailing. ties, but no one should count on royo government are in fact nity for self-assessment, espe- efforts, given the latter’s success The basic responsibility of the latter’s being true to them. based on the latter’s insistence on cially when it involves the cov- in doing their jobs. journalists is to provide factu- Which brings me to a crucial prioritizing its political interests erage of the political crises that The government’s raising this ally accurate information as point. Journalists need to arm over press freedom, and, in ef- we can expect to be with us for issue as superior to the rights of well as context and analysis so themselves with an evaluation fect, over the right of the citizenry some time to come. the press and the public obscures the public may judge events for and understanding of the policies, to information as an indispens- Obstruction of justice was of the basic fact that journalists are themselves. Journalists can’t do tendencies and proclivities of the able condition for democratic dis- course the first issue raised, indispensable to the public need this if all sorts of obstacles in- present regime and such of its course. occasioning not only justifica- for information, and that the ba- cluding threats and arrests are major actors as Mrs. Arroyo and tions for the arrest of journalists sic responsibility of a govern- thrown in their paths. But jour- other Palace denizens, the police, Media’s mandate not only last Nov. 29, but also for ment committed to democratic nalists also need to be fully and the departments of the inte- Political crises being of pub- future arrests in future crises. governance is to protect press aware of the conditions in rior, justice and defense. The un- lic concern and interest, it need No journalist would nor freedom. which those responsibilities derstanding that it is regime hardly be said that the media are should argue in favor of obstruct- To provide the public’s need can be best discharged as well policy to conceal rather than re- professionally and ethically ing justice as a principle, in the for information the news media as those that have to do with veal, to be opaque rather than mandated to cover them. It is not sense of, at its most basic, pre- have to be onsite, and a news the consequences of their re- transparent, should provide jour- as if this is the media’s choice, but venting the police from doing event does not end with police porting. They need only to be nalists the basic guide in cover- a responsibility thrust upon their work (if that indeed is what deadlines; it isn’t something any- loyal to the facts, and, no mat- ing political crises: it is that they them by the very nature of the they’re doing rather than using one can declare to be over. To ter how difficult it may be, have to exert extra effort to get media’s role in providing the police operations as a cover for assume so is to assume that as given the passions that politics information and to convey and public information in a society planned misdeeds), or, at its King Canute thought, ocean arouses, they also need to tran- interpret it to a public that wants that claims to be a democracy. more complex level, denying waves can be stopped at the say scend their own views in favor and needs it. In many instances Covering the events of Nov. 29 themselves or others the penal- so of so-called authorities. Me- of the facts and what they very that has required the firmest in- was therefore a responsibility the ties or rewards that they deserve. dia organizations do have the likely mean. sistence on upholding the media could not have shirked; no In the Nov. 29 case, however, option to either leave or stay, Like most thinking people, journalist’s right to report events doubt, should something similar whether there was indeed ob- depending on their assessment of journalists have their own con- as he or she sees fit, guided only to EDSAs 1 and 2 come to pass, struction of justice is at issue, and the gains and losses that may be victions and even advocacies. by the ethics and standards of the the media would be remiss in I might point out that during a incurred either way, and a police They don’t leave their citi- profession. Covering political their duty if they failed to cover hearing before a branch of the deadline imposed on the pro- zenships at the door when they crisis during the watch of a gov- it. Makati RTC last February, the tagonists in a news event does not join the media. But the ethical ernment that is itself the prob- This basic responsibility is judge was visibly taken aback equally apply to the media. norm in journalism is not to al- lem rather than the solution de- either unappreciated or despised when it was pointed out that the Force, or the threat of its use, is low those convictions to interfere mands that the journalist keep his by those who fear the popular journalists were arrested after the of course something else, and in the basic responsibility of re- or her sights on that most basic empowerment that information so-called military rebels were before police guns or truncheons porting the truth. responsibility of all. n 12 APRIL 2008 PJR RE

PoliticalPolitical controversiescontroversies

n By Hector Bryant L. Macale and Apple Jean C. Martin

ELENTLESS PRESS coverage has sustained pub- lic scrutiny of the Arroyo administration as po- litical controversies continued to hound it through the first quarter of the year. In contrast to the dearth of investigative re- Rports on last year’s political issues and controversies as noted by PJR Reports in its January 2008 issue was the increased number of investigative and in-depth reports during the period. Many of these reports focused Connections on the agreements on joint explo- A number of investigative re- ration among the Philippines, ports looked into the link be- China, and Vietnam in the South tween the joint marine seismic China Sea. But the press also in- agreement the Philippines had vestigated issues involving offi- signed with China and Vietnam cial development assistance to the covering the disputed Spratly Is- Philippines, and the conversion lands in the South China Sea and of agricultural lands into biofuel the avalanche of multimillion plantations. As part of its contin- dollar Chinese loans to the coun- ued coverage of the national try. Some reports also discussed broadband network (NBN) con- the constitutional and legal rami- troversy, both print and broad- fications of the agreement, and its cast also issued a number of in- possible repercussions on the depth reports explaining various country’s Spratlys claim as well VERA Files provided this infographic in its series on the Spratlys controversy. aspects of the issue. as on regional stability. PORTS APRIL 2008 13

Whistleblower Rodolfo Lozada Jr. out that while the conditions for arroyo-neglect-government-in- Chinese loans were less cumber- fighting-jeopardize-rp-territorial- some compared to those required claim, March 24). The second part by other international lenders, discussed the country’s belated ef- most of the Chinese-funded projects forts to beat the United Nations were tainted with corruption, the deadline on territorial claims (“RP NBN-ZTE and North and South Rail in last minute scramble to beat UN projects, among others (“Kung ‘di deadline on territorial claim VERA Photos by LITO OCAMPO ukol, bubukol,” Feb. 19). Files, http://www.verafiles.org/ Arroyo’s photo by REY BANIQUET/OPS-NIB VERA Files, a newly established index.php/focus/34-top-story/45- group of investigative journalists rp-in-last-minute-scramble-to-beat- (see “New investigative journ un-deadline, March 25). The VERA group formed,” p.22), introduced Files reports were also carried in itself to readers with a two-part spe- several newspapers such as The Daily cial on the country’s need for a new Tribune, Malaya, The Philippine Star, archipelagic baseline and its reper- and BusinessMirror and websites cussions on the Philippine claim to such as GMANews.TV. the Spratlys. The first part detailed VERA Files had earlier reported how Mrs. Arroyo’s alleged neglect that six of the Spratly islands group as well as infighting among gov- occupied by the Philippines are in- A Far Eastern Economic Review ar- ernment officials over turf and cluded in the joint seismic agree- ticle in its Jan.-Feb. 2008 issue, which money resulted in the absence of a ments the country signed with accused the Arroyo administration new archipelagic baseline, possi- China and Vietnam (“6 Philippine- of selling out to China Philippine and bly affecting the Spratlys claim occupied islands covered in Spratly regional interests in the South China (“Arroyo neglect, gov’t infighting agreements,” http:// Sea, had rekindled Philippine press jeopardize RP’s territorial claim,” www.verafiles.org/index.php/fo- interest on the Philippine claim to http://www.verafiles.org/ cus/34-top-story/47-six-rp-occu- the Spratlys and China’s huge finan- index.php/focus/34-top-story/46- pied-islands-covered-in-controver- cial loans to the country (“Manila’s Bungle in the South China Sea”). ABS-CBN 2’s The Correspondents reported that after President Gloria Macapagal Arroyo signed a joint seismic agreement with China to study possible oil and gas deposits in the disputed Spratlys in 2003, China’s official development assis- tance to the Philippines increased. Of the 67 loans from China to the Philippines during the Arroyo ad- ministration—the most in any ad- ministration since the Marcos re- gime—57 were approved after the agreement was signed. Among the 57 loans was the Zhong Xing Tele- communication Equipment Com- pany Limited (ZTE) deal for the NBN project. The Correspondents pointed 14 APRIL 2008 PJR REPORTS sial-spratlys-deals, March 10). into biofuel plantations amid the Newsbreak ran a three-part in- threat of food shortages, VERA vestigative report that showed Files reported, sugar barons may that “the Arroyo administration possibly evade the Comprehen- has committed a series of acts sive Agrarian Reform Program geared toward compromising (“Iggy Arroyo to use biofuels Philippine territorial interests in law to evade CARP?,” http:// favor of China.” In exchange for www.verafiles.org/ the joint marine agreement with index.php?option=com_ China (and later Vietnam) which content&view=article&id=63:iggy- Newsbreak reported violated lo- arroyo-to-use-biofuels- cal and international laws, the law&catid=34:topstory&Itemid=53). current administration got the The second part of the series most number of bilateral agree- detailed problems with the ments with China in the past 30 biofuels law. It also reported that years (“A Policy of Betrayal, Former national treasurer Leonor the law’s authors and their fami- http://newsbreak.com.ph/ Briones An ABS-CBN 2 reporter covers an anti-Arroyo rally. lies, including presidential index.php?option=com_content brother-in-law Rep. Ignacio &task-view&id=4296 index.php?option=com_ particularly from China, the Phil- caps, tied loans favor foreign contrac- “Iggy” Arroyo and Sen. Juan &Itemid=88889066, March 14). It content&task=view&id ippine Center for Investigative tor, http://pcij.org/stories/ Miguel Zubiri, own agricultural also pointed out that the agree- =4274&Itemid=88889051, March Journalism (PCIJ) released a 2008/oda5.html). lands that may be utilized for ment should have been covered 9). The Philippine Star and abs- three-part investigative report Because of these problems, biofuel production (“Ethical by a treaty, and not just by an ex- cbnNEWS.com also published the (“The perils and pitfalls of aid,” PCIJ found that seven out of 10 lapses mark passage of biofuels ecutive agreement (http:// Newsbreak series. Feb. 11-13) explaining how the ODA-funded projects “failed to law,” http://www.verafiles.org/ newsbreak.com.ph/index. Newsbreak said that it had government has become lax in deliver the promised economic index.php?option php?option=com_content&task looked at the possible connec- project evaluation. benefits, and (will) exacerbate =com_content&view=article&id =view&id=4298&Itemid=88889066, tion between the Chinese loans The first part discussed how the nation’s debt burden” (“7 in =64:ethical-lapses-mark-passage- March 17). Legal and territorial and the joint marine agreement the evaluation process of the Na- 10 ODA projects fail to deliver of-biofuels&catid=34:top- issues were also discussed in the with China with a special report tional Economic Development touted benefits,” http://pcij.org/ story&Itemid=53). Malaya, the third part of the series (http:// on Aug. 28, 2006 (“Exploring The Authority— the country’s suppos- stories/2008/oda9.html). News- Star, Times, and GMANews.TV, newsbreak.com.ph/ Spratlys,” http://www.news- edly independent economic de- papers such as The Philippine Star, Sun.Star Network online also car- index.php?option=com_content& break.com.ph/index.php?option velopment and planning agency Malaya, and The Manila Times and ried the series. task=view&id=4299 =com_content&task=view& tasked to evaluate proposed websites abs-cbnNEWS.com, &Itemid=88889066, March 17). id=1572&Itemid=88889064) large-scale government pro- GMANews.tv and Sun.Star Net- Special programs and reports Newsbreak also reported that when allegations of overpricing jects—has been undermined by work online carried PCIJ’s report. Given the immense amount energy officials had known as and corruption in Chinese- political and lobbying pressures Apart from these investiga- of news and updates available on early as 2004 that the agreement funded projects arose over the (“Oda surge sparks scandals for tive reports on the Spratlys deal controversies such as the NBN included an area that was “within North Rail project that year. Arroyo, debt woes for RP,” http:/ and the country’s economic and project and Spratlys agreement, Philippine waters and should not With the agreement, Newsbreak /pcij.org/stories/2008/ trade agreements with China, the major media organizations have been covered” (“RP knew said, Arroyo “could have effec- oda.html). VERA Files also published a two- tried to provide the background Spratlys exploration ‘too close’ to tively given up our territorial The second explained the ab- part investigative report last and context readers and viewers Palawan: But revised map shows claim on the Spratlys, and the act sence of bids and other require- April 7 and 8 on how the sugar needed to better understand survey by China and Vietnam is still could be a ground for her im- ments of lenders that ended fa- barons in Congress were con- them. within Philippine waters,” http:// peachment.” voring foreign contractors but verting their agricultural lands Last March 16, GMA-7 aired a newsbreak.com.ph/ Exploring the flood of official which has resulted in cost over- into biofuel plantations. By turn- special documentary that dis- development assistance loans runs and project delays (Bids sans ing rice, corn, and sugar lands cussed the connections among the personalities involved in the NBN-ZTE deal as well as other issues. “Koneksyon: Anatomy of a Political Scandal” provided view- ers with background information on the country’s economic agree- ments with China, including the cyber-education project and the NBN-ZTE project. It also reported the relation- ships among the personalities involved in the issue and looked into the question of whether the country really needed the NBN project. Koneksyon also traced how the project was awarded to ZTE and provided the views of those involved, among them various government officials and experts on political and economic issues. “The special was more in- depth than anything GMA had previously produced on our pub- lic affairs programs or newscasts about NBN-ZTE and we were proud of it,” Nessa Valdellon, GMA-7’s Vice-President for GMA Public Affairs, told PJR Reports in an e-mail interview. Media’s relentless coverage of political controversies has sustained public scrutiny of the current administration. ABS-CBN 2 should also be PJR REPORTS APRIL 2008 15

Congresswoman Riza Baraquel, Senators Benigno Aquino III and Alan Peter Cayetano, and Makati Mayor Jejomar Binay credited for airing last Feb. 16 the preme Court ruling on executive first special on the NBN-ZTE con- privilege last March 25. troversy: Harapan: the Jun Lozada controversy. The three-hour special Lapses was aired over ABS-CBN, ANC, Notwithstanding the high and network’s radio arm dzMM number of investigative and in- (See “In the public eye: Heroes and depth reports on the controver- Crooks,” PJR Reports March 2008 sies, there were serious lapses in issue). There was some criticism the daily coverage. Some reports that the personalities invited, in- showed a lack of corroboration cluding star witness Rodolfo Noel with other sources. Others were Arroyo regime officials Eduardo Ermita, Norberto Gonzales, and Raul Gonzalez REY BANIQUET/OPS-NIB “Jun” Lozada Jr., had been “set up” obviously partisan. Some impor- in the program. But Charie Villa, tant issues were also forgotten Senate hearings on the deal. Al- head of ABS-CBN 2’s news gath- along the way. though the paper reprinted his e- ering team, insisted that the pro- In one of the most criticized mailed letter complaining about gram had been fair to all sides. An- instances of media lapses, the the report, the damage done was chors Korina Sanchez and Ricky Philippine Daily Inquirer failed to serious enough for Mañalac to Carandang explained during the confirm the accuracy of its March consider filing charges against program that it was not meant to 9 lead story from the main sub- the paper and the article’s writer be a confrontation between ject itself. The Inquirer had re- for “irresponsibility in making Lozada and former elections chair ported that Philippine National such an inflammatory declaration Benjamin Abalos Sr., merely to Oil Company (PNOC) former without confirming its accuracy” provide an opportunity for the president Eduardo Mañalac knew and “for their part in this piece of guests to air their respective sides. about the alleged $41-million fabricated information” (“A com- But not only did Harapan be- kickback in the NBN-ZTE project. plete falsehood,” Mar. 10). The come a venue for the personali- Mañalac, it added, would testify paper admitted its error—al- ties to explain their side, it also as Sen. Panfilo Lacson’s “surprise” though it took three days for the gave viewers a sense of the na- witness on the Mar. 11 Senate in- paper to publish an apology ture and vast extent of corruption quiry (“Ex-PNOC head to testify: (“PDI Apologizes,” Mar. 12). in the Philippine government. Spratlys pact signatory said to “There’s a suspicion that we The press was also consistent know of ZTE bribe advances”). were given a bum steer”, or in explaining developments re- The next day, the Inquirer what’s known as “kuryente” in lated to the issue, as among them bannered Mañalac’s denial of journalism circles, Inquirer pub- the revocation of Executive Or- both his supposed knowledge and lisher Isagani Yambot told PJR der 464 last March 5 and the Su- his upcoming testimony in the Reports, admitting that the re- STUDENTS OR JOURNALISTS? EN. JUAN Miguel Zubiri was among those politicians identified in the VERA Files story on biofuels. In a press Sconference last April 9, Zubiri complained that the story’s authors had introduced themselves as University of the Philip- pines (UP) students doing research on biofuels...... “I don’t know why this sup- abridged version of a UP thesis, posed research was passed on VERA Files said in a statement, as investigative report. I really and was meticulously and com- think they have an agenda,” prehensively researched. It met The Philippine Star quoted UP standards and passed the Zubiri as saying. editorial screening of VERA Files, VERA Files countered that the group added. the authors had not misrepre- VERA Files, however, did not sented themselves. The story’s say whether Zubiri was in- authors are UP journalism stu- formed that the interview was dents, “a fact that was made also intended for mainstream known by the authors to Zubiri’s publication. Journalism ethics office and by VERA Files to all demands that publication be editors and news desks when it made explicit through the released its story.” interviewer’s identifying him or The story was part of an herself as a journalist. n Arroyo supporters 16 APRIL 2008 PJR REPORTS COMMENTARY

n By Luis V. Teodoro pine relations, the Spratlys, and other issues too many bloggers T WAS supposed to be the talk of the town, and would sniff at as less than earth- was getting 36,000 visits a day not only from shaking, the blog came online in netizens from the Philippines but also from other furtherance of Gorrell’s cam- countries. But the Brian Gorrell blog and the con- paign to get back AUS$70,000 that troversy surrounding it were only reluctantly be- he claims was swindled off him ing covered by the Philippine media. by an ex-boyfriend who’s alleg- I edly a member of Manila high There were at least two rea- been focused on the rice crisis, society, and whose associates sons for the reticence. One was hunger, unemployment, several cover its doings as lifestyle page Youth groups call for the President’s ouster. the story’s limited relevance, economists’ doubts over the al- “journalists”. though it has undoubtedly at- leged 7.3 per cent growth of the Among other claims, Gorrell porter and some editors had of pro-Arroyo groups last Feb. 29 tracted a lot of interest. The other economy last quarter, the na- has written that what he calls the somehow been negligent with and echoed the Palace’s negative was the libel law. tional broadband network “Gucci Gang” are freeloading, the story. He said the Inquirer was reaction to the participation of For those whose interest has (NBN) scandal, China-Philip- drug-snorting, pretentious conducting a fact-finding inves- former presidents Joseph Estrada tigation on the issue. and Corazon Aquino in the Some reports did not provide Makati rally. background and context. The press Crucial allegations initially dutifully and uncritically re- reported, such as the loss of the ported Arroyo’s “unity walks” in memorandum of agreement on Malacañang, first with Cabinet the South Rail project and con- MUCH ADO officials, and later with local gov- version of agricultural lands into ernment executives and youth biofuel plantations for Chinese groups. Based on an obvious Pal- consumption, were not followed ace propaganda ploy to show sup- up and were forgotten in the port for the beleaguered President, course of the coverage. the reports did not ask how much ABOUT money was used to host these Views walks (for transportation, accom- Political experts acknowl- modation, food, among others) edged the role of media in these and who was going to pay for crucial times. Political analyst these costs, among other lapses. and former Cabinet official NOTHING— Again, the press also reported Leonor Briones said the NBN- the graft suit filed by women’s ZTE controversy could have died group Babae Ka against Lozada. down in October of last year The group sued Lozada for alleg- when the government cancelled edly using his position as former the project. Media’s relentless Philippine Forest Corporation coverage of the controversy ALMOST (PhilForest) president to give partly kept the issue alive, ac- land to his sister and paying his cording to Briones, who currently insurance with PhilForest funds. serves as a professor at the Uni- These reports, however, did not versity of the Philippines’ Na- provide any background infor- tional College of Public Admin- mation on Babae Ka. It turned out istration and Governance. that Babae Ka had been accused As other controversies arise, of being an administration front the continuing challenge to the when it ran—and lost—in last press is to make issues both un- year’s party-list elections. derstandable and interesting to Some reports were downright the public. Briones said the press biased, especially, though not could present, for example, the surprisingly, those from the Pal- connection between the Spratlys ace-controlled press. While cov- deal and the country’s oil and ering the Feb. 29 Makati rally— food supply problem. the biggest since the inception of Benito Lim, who teaches at the the NBN-ZTE controversy— Ateneo de Manila University and NBN-4’s Primetime Teledyaryo ech- who is an expert on Chinese poli- oed concerns about the occur- tics and the Spratlys issue, noted rence of rallies in Makati, the that most of the reporters cover- country’s business center. Al- ing the Spratlys controversy had though the government-owned no background at all on the is- network dispatched two report- sue. Most of them were merely ers to cover the Makati rally, the getting the views of the person- rest of Teledyaryo’s reports that day alities involved, and were thus mostly focused on the usual af- susceptible to spin. fairs in the Palace and on a pro- “Being the eyes and the ears Arroyo rally at the Manila- of the people, reporters should Quezon City Mabuhay Rotonda. do their own investigation ,” Lim Express Balita, a news program said. Most media organizations of government-sequestered IBC- tried to oblige, but with mixed 13, also highlighted the activities results. n LITO OCAMPO PJR REPORTS APRIL 2008 17 brutes and bitches—parasites bloggers don’t make that dis- Macapagal Arroyo’s husband). who live off the freebies and tinction among themselves. So some sneer, declaring that handouts of such PR events as As for libel, (non-journalist) the newspapers and the networks the launch of this or that product bloggers have been known to are too scared to report the line for socialites (and such other sneer at journalists’ concern for Gorrell case with any promi- pretenders to the title as the pretty it, dismissing it as a concession nence, and have chosen to keep it actress-whores kept by Manila’s to censorship. It can be. But while in the entertainment pages. But aging but rich Lotharios) and the the libel law has been used to in- it’s not a matter of being scared, rest of that crowd. timidate journalists, and Filipino but of the fact that that’s exactly It’s not an unfair picture of journalists lost the most famous where stories like this belong, Manila high society, it being the case in this country—the 1909 and only once, please. In the domain as well of the low. But Aves de Rapina case—through a nitty-gritty, what it’s all about is it’s the truth of Gorrell’s charges court biased for an official of the an Australian who admits to hav- against his alleged ex-lover and US colonial regime, it does have ing been swept off his feet by one his cohort that’s yet to be estab- the eminently valid purpose of of those sweet- talking scammers lished. Primarily we only have protecting media subjects from of which Manila has no shortage, his word for it via his blog, and the abuse of the overzealous who lost his life savings in the while he has allowed one of those and/or malicious. process, and who hopes to re- he has attacked in it some space, Not that journalists have not cover them by shaming the al- A Pinoypress on the Gorell case. a blog is by its very nature self- risked libel suits if the stakes are leged perpetrator and his cohort. serving, and the instrument of high enough. Some have braved This story deserves the front whoever created it. prison and even death, both dur- page? That a blog is neither news- ing the martial law period as Lesser stories have landed LIBEL IN A paper nor broadcast station well as the present regime, which on the front pages and in the seems obvious, but it’s a fact that’s at various times has threatened evening news for the sake of nevertheless often missed, espe- journalists with inciting to se- “human interest”, but that’s an BORDERLESSBORDERLESS cially by those bloggers who’ve dition cases and the withdrawal argument for the newspapers only recently discovered—and of network franchises, as well and the TV news programs to misconstrued— the miracles of as listed them as “enemies of be more judicious in their deci- WORLDWORLD free expression. the state”. sion-making rather than an ar- n By Don Gil K. Carreon A blog provides those who Many have indeed died, 90 gument in favor of putting this would otherwise have no other percent of the community jour- particular storm in a teacup BLOG on the alleged swindling of an Australian way of venting their spleen the nalists who have been killed in together with the stories on the by a Filipino socialite is raising questions on the means to inflict their opinions this country since 2001 for expos- Spratlys and how the Arroyo on whoever chances upon it or ing corruption and criminality. regime’s trying to soften the APhilippine libel law’s ability to serve as a is directed to it in cyberspace. Scared most journalists aren’t. impact of the rice crisis by deterrent against defamation in a world that is While there’s no shortage of But it’s a rare blogger who’d vainly cozying up to China. increasingly becoming borderless due to the Internet. bloggers who are also journal- knowingly take the same risks But if only a third of what ...... ists so steeped in the profes- while shooting his mouth off. Gorrell says is true, specifically Aside from alleging that sional and ethical standards of In many instances journalists on the way his former lover’s as- Since March 4, Australian Montano owes him money, journalism they don’t release risked life and limb and fortune sociates use their being with the Brian Gorrell has been churning Gorell has also claimed that anything into cyberspace that for demonstrably relevant rea- lifestyle pages of a certain broad- out unflattering (others might Montano and some of his they haven’t verified, legions sons— and by relevance I mean sheet to stay in hotels and to call them defamatory) articles socialite friends, whom he also more hardly know the differ- the value of what they were re- travel for free, there’s a real story in his blog against his former identified, are cocaine users. He ence between gossip and fact, porting to other lives, in some in the Gorrell to-do. It’s in how lover, former Philippine Star said that the articles against his and don’t care to find out. cases millions of them. Journal- certain sectors of Philippine jour- lifestyle columnist DJ Montano, ex-lover’s friends are meant to Anyone with a desk or laptop ists did not shirk reporting the nalism—or what passes for it in as well as Montano’s friends. pressure them to convince and an Internet connection can Nov. 29, 2007 incident, for ex- the lifestyle pages—is so far gone Gorrell stated that he started the Montano to return his money. start a blog. He or she decides ample, and neither have they in corruption and unprofessional blog to shame his former lover The panelists in the Media when it goes up, what goes into evaded the responsibility of re- conduct, among other reasons into returning his life savings of in Focus episode said Gorrell it, who gets to comment in it, and porting on the rice crisis, which because many of the people $70000 (Australian), which he should return to the Philippines how long it stays up. A blog is a for the impact it’s likely to have who’re into it are there not for alleged Montano duped him out and file charges against distinctly individual thing, un- on the fortunes of the Arroyo re- their skills as journalists but for of, and which he needs to pay Montano who can then file libel like the collective undertaking a gime is potentially as risky as their claimed connections with for his HIV treatment. charges against Gorrell. But the newspaper or a news broadcast covering the NBN scandal. Of the high and mighty, among Filing a libel suit against Australian has stated that he is, in both of which there are edi- course they’ve tried to steer clear them the decision makers in the Gorell in the Philippines won’t does not intend to battle tors and a desk whose job is to of libel suits at the same time by Philippine media with whom be of much help, as he has been Montano in the courts in the look for errors in fact, correct bad reporting only what they’ve veri- they happen to be rubbing elbows posting his entries against Philippines, which he described grammar, and yes, check for li- fied, and refusing to be drawn with in the same soirees. That’s Montano and his friends in as having a corrupt law process. belous remarks. into name-calling even the people what mainstream media can be Australia. In a report on the Philippine It’s true that some newspapers they detest the most. condemned for—for allowing This unique situation has Daily Inquirer last April 12, and news broadcasts seem to be Too many bloggers, unaware this to happen: nay, for encour- also prompted members of the Montano’s lawyer, Jose Oliveros, run by idiots too, and have been of why certain professional and aging and abetting it to the detri- Philippine legal community to said they were considering filing either printed or aired by people ethical standards have developed ment not only of people like pay attention to Gorrell’s blog, a criminal complaint for libel who’re just like most bloggers— in the course of journalism’s long Gorrell but also and primarily which averages more than against Gorrell and civil cases i.e., they haven’t had a single day’s history, prefer to call people that of the foolish Filipinos who 36,000 visitors daily. of tort or damages in Australia training in what they’re claiming names, among other reasons be- follow the lifestyles of their self- In an interview in Media in and in the United States against to be doing, which is journalism. cause they think it’s argument proclaimed betters more assidu- Focus last March 27, University the US company hosting There’s this difference, however: enough. (It isn’t.) There’s also the ously than they do reports of ex- of the Philippines law professor Gorrell’s blog. responsible, professional jour- fact that if they’re in Australia the tra-judicial killings and the lat- JJ Disini said at least some of The panelists in the Media nalists know the latter for what people they’re insulting who are est government scandal. n Gorrell’s posts in his blog are in Focus episode said this they are, and have about the in the Philippines can’t sue ...... libelous. He said that while some option is indeed open to same attitude towards them as them—a convenience denied, A slightly different version of this of the characters subjected to Montano, but said it would be doctors have toward quacks, say, a journalist in the Philip- piece appeared in Luis V. Teodoro’s libelous statements by Gorrell are “tedious” and “expensive,” as which is to say that they don’t pines who can be sued, and “Vantage Point” column (“Teapot famous, the allegations made are it would indeed be. n hold them up as exemplars of who probably has been (by, tempest”) in the April 4 issue of unrelated to their fame. the profession, whereas most among others, Gloria BusinessWorld. 18 APRIL 2008 PJR REPORTS

n By Don Gil K. Carreon

N JAN. 11, editorial board chair and columnist Vic Agustin of the Manila Standard Today announced in his Cocktales column that the paper had just been sued for libel. Agustin said the complainantO was Philcomsat Holdings Corp. (PHC) vice president Enrique Locsin, a brother of the paper’s publisher, Makati Rep. Teodoro Locsin Jr. PHC is a government-sequestered company whose management is bitterly disputed by its If self- major shareholders. Agustin wrote that the Stan- regulation dard was being sued for his Dec. 19 column “Locsin’s private doesn’t ATM.” Quoting from the com- plaint, Agustin said Locsin had work, the claimed that he had been “mali- ciously and unwarrantedly por- government trayed as a person who has with- drawn several millions of money will do the from a certain corporation for his own personal account.” regulating Fourteen days later, The Phil- ...... THE RIGHT OF REPLY: VOLUNTARY pute between former foreign af- that those subjected to damaging fairs secretary Roberto Romulo comment or reports have the and The Philippine Star in 2004. In right to defend themselves in the June 2004, Romulo complained same medium. Responsible press COMPLIANCE that the Star had vilified him in organizations recognize this more than 30 articles over a pe- right. Some media critics, how- riod of 14 months and had refused ever, argue that the right should to print his side. Romulo first be legally enforceable, since vol- sought the help of the press com- untary compliance as a function OR LEGAL munity to resolve the issue but of self-regulation is unreliable. he eventually filed for libel. Cen- For example, the press commu- tral to that incident was also the nity’s inability to resolve the right of reply and the press Romulo-Star row partly fueled community’s ability to ensure ongoing efforts to enact a right SANCTION? that people subjected to inaccu- of reply law. rate and otherwise unflattering Such a law would theoreti- ippine Star published an advertise- Locsin protested Agustin’s selec- tor questioning the accuracy of reports could still exercise this cally make it easier for aggrieved ment by Locsin complaining tive reprinting of portions of his its reports. right when it is denied them by a parties to present their side. But about the Standard’s repeated re- letter, which he said were taken news organization. the press has opposed the bills fusal to publish his response to out of context. The right of reply law The right of reply proceeds that have so far been introduced the Agustin column. He said the Agustin said in an e-mail in- The Standard-Locsin flap is a from the assumption that report- in Congress, among other rea- refusal had forced him to buy ad terview with PJR Reports that the reminder of the acrimonious dis- age is a continuing dialogue and sons because a right of reply law space in another paper to balance Standard decided against publish- would constitute prior restraint. readers’ understanding of the is- ing the letter for four reasons: it Editors are also concerned that sues. Locsin is also the publisher was unsigned; it did not carry a such a law would impinge on the of the news magazine Philippines return address and telephone editorial prerogative to decide Free Press. number; the fax machine that was what to print and have argued Locsin complained about used to send it did not list a re- that it isn’t necessary, since most Agustin’s Jan. 7 column turn number; and when a hard news organizations do recognize “Lawyer’s fiesta, PR bonanza,” copy was eventually delivered, the right of reply. In brief, the where the latter, among other the Locsin PR consultant would argument is that a right of reply claims, said that P400 million not sign an acknowledgment that law would be contrary to Article pesos of PHC funds could not be the letter, which still did not carry III Section 4 of the Constitution, traced after Locsin ordered its a return address or telephone which mandates that “No law withdrawal. When Locsin wrote number, indeed came from /had shall be passed abridging the the Standard in reply, he said the been delivered by the PR firm. freedom of speech, of expression, paper would not publish his let- Agustin said the Standard had a or of the press, or the right of the ter even as a paid advertisement. policy to print letters to the edi- A forum on the right of reply. LITO OCAMPO people peaceably to assemble PJR REPORTS APRIL 2008 19 and petition the government for to entertain complaints when Pavia said. “Maybe they have arbitrary and arrogant in the ex- redress of grievances.” cases have been filed in court. heard of it but they don’t know ercise of their power in fact pro- The proponents of right to “I wish Mr. Locsin (had come) what it can do.” ceeds mostly from their personal reply laws have softened their to the Council,” Mariano said. Attempts to inform people knowledge of how often the me- stance and even withdrawn their “But the Council is an option, not about the Council continue. dia have been asked to provide support for it after consultations a requirement. I respect his deci- “Every time we have an out space or air time to those they with the press. Aurora Rep. Juan sion to go to court [as he claimed of town seminar for community have maligned or otherwise mis- Edgardo Angara said he is no in the Star ad] and to place that journalists, there is a companion treated, and have refused. The longer pursuing the passage of ad in the Star.” activity wherein Mr. Mariano proponents of right of reply laws the right of reply bill (House Bill Locsin, however, told PJR Re- talks with students, especially cannot be blamed for thinking 00162) he filed in July 2007, ports in an interview that he did mass communication students that the only way to address the which has been merged with Rep. not file a complaint before the about the PPC and journalism problem is to compel the media Monico Puentevella’s version PPC because he did not know that ethics,” Pavia said. to observe the very ethical re- (HB 01001). such a council exists. The PPI website, http:// sponsibilities the media them- Last October, Sen. Aquilino The lack of awareness about pressinstitute.ph, also contains selves claim to recognize but of- Pimentel, the bill’s proponent in the PPC—in this instance, even guidelines on how people could ten don’t practice. the Senate, also expressed willing- by a news magazine publisher— seek relief from the PPC if and Hopefully in recognition of ness to support the voluntary right underscores a nagging problem when they have problems with the fact that unless the media prac- of reply on the condition that there that has haunted not only the PPC the media. PPI’s Jose Pavia tice what they preach, the PPI has be a working remedy to those but the citizens press councils in The PPC is not the only press however: by not providing in- tried to ensure that those with cases when news organizations the communities as well. regulatory body that has aware- formation about press councils grievances against the press refuse to recognize this right. In a forum on press coun- ness problems. In a roundtable and other self-regulatory would no longer have to turn to These were welcome develop- cils CMFR organized in Sep- discussion on the state of the mechanisms, or providing too the courts. In August 2006, the PPI ments, since the proposed laws tember 2006, PPI executive di- Baguio-Benguet Citizens Press little of it, media organizations Board of Trustees adopted a reso- were flawed. Pimentel’s Senate rector Jose Pavia declared that Council (BBCPC) last Dec. 10, the themselves are not giving the lution binding PPI members to Bill 1178 makes it compulsory for the lack of public awareness participants also attributed the corrective capacity of the press the PPC’s decisions. PPI members press organizations to publish or had been a long-standing prob- lack of complaints filed before the councils much of an opportu- that do not comply with its deci- air the reply of the aggrieved lem of the PPC. BBCPC press council to the fact nity to flourish. sions may be subjected to cen- party within 24 hours or be fined Pavia said the PPC had begun that much of the public is un- sure, a fine, suspension or termi- P10,000. Third time offenders an aggressive awareness cam- aware of both the existence of the Toothless tiger no more? nation of membership. Mariano would face a 30-day prison term paign of going to all information council as well as, in general, the Despite Mariano’s positive said the resolution was adopted on top of a P30,000 penalty. offices of government agencies in fact that the news media are man- take on press recognition of the after the PPC was virtually ig- Puentevella’s bill even proposes Manila and some campuses to dated by ethical standards to cor- right of reply, Locsin’s being nored by the Filipino-language a 30-day suspension of operations inform them about the Council. rect errors, and to present all the forced to file a libel suit against tabloid Pilipino Star Ngayon, which of the media organization that Two years later, however, the relevant sides in a given issue. the Standard indicates that while they were trying to communicate does not comply. problem apparently remains— CMFR helped establish the some news organizations claim with due to a right of reply com- and it is especially ironic, the BBCPC in 2005. to recognize the right of reply, plaint in January. Enter the PPC membership of the PPC being Mariano has a different take they throw all sorts of obstacles Press councils are sometimes The press community already media organizations whose man- on the low number of complaints into its implementation, as is evi- regarded as being more of a has in place the mechanism date is to provide the public in- submitted to press councils. He dent in the Standard’s multiple “moral instance that do not need Pimentel wants. The Philippine formation. said one probable reason for the conditions it wanted Locsin to to enforce (their) decisions than Press Council (PPC) is a self-regu- Pavia in fact wenty farther. paucity of complaints to the PPC meet before publishing his let- a jurisdiction of the profession.” latory body within the Philippine He said many journalists them- is that editors nationwide do rec- ter. If the right of reply is to be of Hopefully, this step taken by the Press Institute (PPI). It is charged selves are not even aware of the ognize the right of reply, which any use for those aggrieved by PPI to strengthen the PPC’s over- with addressing ethical and other PPC’s existence, not to mention is why those who believe they the media, the latter need to sight functions would finally dis- complaints against the press, and what it’s for. have not been heard do not go to make it easy rather than difficult suade the government from forc- recognizes the right of reply of “The lack of awareness about press councils but to the media for that right to be exercised. ing the media to comply, ironi- those parties with grievances the PPC has always been there, organizations instead. The sense among policy and cally with their own standards. against the print media (com- even in the press community,” The glaring fact remains, law makers that the media are The Philippine media plaints against broadcast are ad- should learn a lesson from the dressed by the Kapisanan ng British experience. When pub- Brodkaster ng Pilipinas, or KBP). lic disaffection grew with the The PPC, composed of represen- British Press Council’s perfor- tatives from the media, the pri- mance in the 1980s, the govern- vate sector, and academe, was or- ment commissioned a study to ganized so that complaints determine “what measures against the press could be re- (whether legislative or other- solved without intervention wise) are needed to give further from the courts or other govern- protection to individual privacy ment agencies. from the activities of the press Aside from the PPC, there are and improve recourse against also several citizens press coun- the press for the ordinary citi- cils in the provinces organized by zen.” In June 1990, the commis- the Center for Media Freedom sion recommended that the and Responsibility (CMFR). Press Council be replaced by These councils—there’s one in the Press Complaints Commis- Palawan, and one each in Baguio sion. If in 18 months, it does not City and Cebu—accept com- satisfactorily conduct its job, a plaints from those abused or ag- “statutory system for handling grieved by the news media, but complaints should be intro- who have been denied the oppor- duced.” The complaints com- tunity to defend themselves. mission has since been made PPC chair Gary Mariano said to work for the simple reason the council was already looking that if self-regulation doesn’t into the Locsin-Agustin issue but work, the government will do had to abandon its inquiry be- the regulating. n cause of the council’s policy not The Cebu Citizens’ Press Council website: any complaints? 20 APRIL 2008 CRiSiS PJR REPORTS NATIONAL / INTERNATIONAL

NATIONAL gation to shore up the pro- ity is a founding member of FFFJ investigated, re-investigated, security is violated or threatened secution’s evidence.” and serves as its secretariat. charged and re-charged but never with violation by an unlawful act The Ureta and Hinolan fami- FFFJ asked for the transfer in arrested and brought to trial,” or omission of a public official High Court grants transfer lies said they were grateful for response to the safety concerns Santos said in her letter. or employee, or of a private in- of venue of trials in the the approval of the petition. of the witnesses and the need for Dumdum issued arrest war- dividual or entity.” “I’m really happy that the case a more neutral court and envi- rants for Sabay and Montañer on The implementing guide- killing of two journalists was transferred…because it ronment, the accused being alleg- Feb. 4, 2008, but the two were lines for the writ were issued would be hard to achieve justice edly influential in Tacurong. never arrested. by the Supreme Court on Sept. THE SUPREME Court granted if [the suspect] is tried here in Esperat, who had written 25, 2007, in light of the rampant last March 18 a petition by the Kalibo,” Aphrodite Hinolan, exposés accusing Montañer and extrajudicial killings and en- Freedom Fund for Filipino Jour- wife of Herson Hinolan, said. Sabay of corrupt practices, was forced disappearances in the nalists (FFFJ) and the National “I feel more encouraged (that gunned down in full view of her Philippines. The writ took ef- Union of Journalists of the Phil- justice will be achieved) now that children while the family was fect on Oct. 24, 2007. ippines (NUJP) to transfer the the case has been transferred to having dinner in their Tacurong venue of the trials of suspects in another venue,” Rolando Ureta’s City, Sultan Kudarat residence. the killings of two Aklan-based Suspect in 2004 killing of widow Emely, said. Sabay and Montañer were not journalist surrenders journalists to another branch of included in the Supreme Court the Regional Trial Court (RTC). resolution granting the transfer Judge grants TRO on trial THE SUSPECT in the 2004 killing The High Court approved the of venue because Tacurong City of “masterminds” in of radio broadcaster Herson petition for change of venue and Judge Francis Palmones, then journalist’s killing Hinolan surrendered on March 5 ordered the Kalibo RTC clerk of presiding judge of the case, had to the Kalibo Regional Trial court to send all records on the dismissed the case against Sabay Court (RTC) Branch 7 in Aklan, cases of the suspects in the THE CEBU City Court of Appeals and Montañer even before the after a key witness retracted his Rolando Ureta and Herson issued a 60-day temporary re- prosecution had presented evi- Hinolan killings to the executive straining order (TRO) on March dence. earlier testimony against the sus- judge of the Cebu City RTC. The 25 in the trial of the suspected Private prosecutor Nena pect. Court also asked the Cebu City masterminds in the killing of a Santos said that the Montañer Alfredo Arcenio, former RTC to immediately raffle off the journalist. and Sabay petition for certiorari mayor of Lezo town in Aklan, cases upon receipt of the records. A three-page resolution and TRO is “another scheme to surrendered to Kalibo RTC Two assailants on a motor- penned by Associate Justice Fran- get away with murder through Branch 7 Judge Virgilio Paman cycle killed Ureta on Jan. 3, 2001 cisco Acosta and co-signed by technicalities.” Baculo MELANIE Y. PINLAC at around 3:10 p.m., said Aklan Associate Justices Pampio regional police director Supt. in Lezo town, Aklan. A lone un- “I’m discouraged and sad- Supreme Court issues known gunman shot Hinolan on Abarintos and Amy Lazario dened (by the issuance of the Benigno Durana Jr. Durana said Nov. 13, 2004 outside a carnival Javier granted the Feb. 4, 2008 TRO), but I’m not giving up,” first writ of amparo Paman informed the police of in Kalibo, Aklan and died two petition filed by Osmeña Santos said. She filed a letter to Arcenio’s surrender and has days after at a local hospital. Montañer and Estrella Sabay, ac- the Supreme Court on March THE SUPREME Court granted the asked for additional security per- In its Feb. 5 letter, the FFFJ cused of ordering the March 24, 24, 2008 asking for a “declara- first writ of amparo for a jour- sonnel. Arcenio was immediately and the NUJP asked the High 2005 killing of journalist Marlene tory resolution” on the case’s nalist last March 11. turned over to the Aklan Reha- Court to transfer the venue of the Esperat, asking for the issuance change of venue. In her letter, Journalist Nilo Baculo filed an bilitation Center, the local penal trials of the suspects in the Ureta of a TRO to prevent Cebu Re- Santos asked for the Supreme application for the writ when he facility. and Hinolan killings from the gional Trial Court (RTC) Branch Court to state “that only the learned of a plan to kill him, al- Hinolan was shot on Nov. 13, RTC of Kalibo, Aklan to any 7 Judge Simeon Dumdum from Supreme Court has sole author- legedly by people whose wrong 2004 outside a local carnival. Wit- branch of the Cebu City or hearing the case. ity to act on matters affecting doing he had exposed. nesses allege Arcenio was the one Makati City RTC “to avoid a mis- The Cebu Court of Appeals the change of venue of trial in In a four-page resolution, the who shot Hinolan and fled on carriage of justice and to dispel has yet to issue a resolution on criminal cases and that (the Supreme Court, sitting en banc, board a motorcycle driven by the impression that a culture of the petition for certiorari also Nov. 23, 2005 Supreme Court issued a writ of amparo in behalf another man. Two days later, impunity encouraged by govern- filed by Sabay and Montañer on resolution ordering the trans- of Nilo Baculo Sr., publisher of Hinolan died at a local hospital ment inaction makes the Philip- Feb. 4, 2008. A certiorari is a writ fer of venue) clearly subsumes the community newsletter due to multiple gunshot wounds. pines ‘the most murderous place which could be issued by a supe- and encompasses the trial” of Traveler’s News in Calapan city, Hinolan was the station manager for journalists’.” rior court to a lower court to an- Sabay and Montañer. Oriental Mindoro. of dyIN Bombo Radyo in Kalibo The FFFJ is a coalition of six nul or modify ongoing proceed- Santos also asked for the Su- Baculo asked the High Court where he hosted a program called media organizations formed in ings if the latter judge acted on a preme Court to require the ac- on Feb. 4 to issue him a “tempo- “Bombohanay”. 2003 in response to the high num- case outside his jurisdiction. cused to explain why they should rary protection order” under Sec- Durana said the police have ber of journalist killings in the Sabay and Montañer argued not be cited for contempt since tion 14 of the Rule on the writ of been receiving unconfirmed re- country. Its members are the Cen- that Dumdum has no jurisdic- the issue of transfer of venue has amparo after an alleged hired ports that Arcenio would turn ter for Community Journalism tion over the case since the Nov. already been resolved by the Su- killer told him he had been hired himself in a few days before the and Development, Center for 23, 2005 Supreme Court reso- preme Court, to direct the Cebu to kill the journalist by a local surrender. Arcenio had been free Media Freedom and Responsibil- lution approving the transfer Court of Appeals to dismiss businessman and two local offi- despite an arrest warrant issued ity, Kapisanan ng mga Brodkaster of the case from Tacurong City, Sabay and Montañer’s petition cials of Calapan City. All had by the local court against him on ng Pilipinas, Philippine Center Sultan Kudarat to Cebu City, for certiorari, and to direct the been the subject of Baculo’s Sept. 7, 2006. Arcenio, who was a for Investigative Journalism, Cebu only applied to then ac- Cebu RTC branch 7 to proceed exposés, and were named respon- former intelligence officer of the Philippine Press Institute, and the cused Esta-nislao Bismanos, with the case. dents in Baculo’s petition. Army, had supposedly disguised US-based newspaper Philippine Rowie Barua, Gerry Cabayag, “Considering the absurdity Baculo was elated that the himself as a woman. The Philip- News. and Randy Grecia. of the position the accused have High Court had approved his pine National Police offered a FFFJ said that “(b)ecause of Cebu City RTC Judge Eric now taken, i.e., that the case petition. “I am inspired…because reward of P100,000 for his arrest the clout and influence of the ac- Menchavez had earlier sentenced should be returned to Tacurong there is still justice in the coun- while the Department of Justice cused in the area as shown by Bismanos, Cabayag, and Grecia— City, or refiled in Cotabato City, try,” he said in Filipino. (DoJ) issued a hold departure or- their ability to unduly influence the gunman, lookout, and co-con- we feel that it behooves the Su- Baculo also said that he will der against him to prevent him the investigation of the case, wit- spirator—to life imprisonment on preme Court as a court of law and carry on his fight against corrup- from leaving the country. nesses have been reluctant to Oct. 6, 2006. Barua, who turned state equity to use its plenary power tion and anomalies in his com- Arcenio, accompanied by his break their silence and testify for witness, was discharged. to assist the People of the Philip- munity. Baculo, with the help of lawyer Lou Tirol, immediately fear of retaliation. To date the The Freedom Fund for Fili- pines, private complainants and his children, continues to publish filed a petition for bail before the masterminds of the crime remain pino Journalists (FFFJ) petitioned the media group in obtaining a his weekly newsletter Traveller’s local court. Though Arcenio is free as none of the law enforce- the Supreme Court on July 4, 2005 speedy, just and inexpensive de- News. charged with a capital offense, ment agencies dare to enforce the for the transfer of the Bismanos termination of this only media The writ of amparo is “a rem- bail could be granted if evidence warrant of arrest against them et.al. case to Cebu. The Center for murder case where the master- edy available to any person against him is weak. and/or conduct further investi- Media Freedom and Responsibil- minds have long been identified, whose right to life, liberty and Arcenio’s surrender was pre- PJR REPORTS APRIL 2008 21 ceded by the retraction of witness pine National Police (PNP) on The Irish News appealed the countdown to the Games. while, the state press is relaying Peter Melgar, who submitted an Feb. 27. The PNP website said that jury’s verdict on the libel case According to RSF, Chinese one-sided statements by officials affidavit of desistance on Febru- the ATO directive was “another which ordered it to pay £25,000 state television cut to a pre-re- raging against the “Dalai Lama’s ary, withdrawing the statement precautionary measure” to en- to Convery for damages. The corded scene during the disrup- clique”, “rioters”, and foreign he gave in 2004 identifying sure the safety of those attending newspaper said that the review tion, and Greek national televi- news media, says RSF. Arcenio as the gunman. the rally. But ATO Executive Di- written by Caroline Workman sion broke off its broadcast. The Chinese government Bombo Radyo Kalibo station rector Daniel Dimagiba was consisted of fair and honest com- Moments later, about 10 Ti- continues to ban and expel for- manager Jan Allen Ascaño said quoted as saying that the direc- ments. betan activists marched out of eign journalists from Tibet and that Melgar stated in his retrac- tive was aimed at stopping specu- Convery sued The Irish News a hotel in Olympia and shouted the neighboring provinces of tion that he was not sure that it lations that protestors were un- for libel for the August 2000 re- slogans against Chinese rule in Gansu, Qinghai, and Sichuan, as was Arcenio who shot Hinolan. der surveillance by government view of his restaurant saying that Tibet. One woman doused in well as the capital, Beijing, say After almost four years, Melgar forces during the event. the pizzeria has lousy service and red paint lay down in the RSF and CPJ. Journalists have claims that it was a case of mis- According to ABS-CBN 2 cheap food ingredients. town’s main street in front of a been temporarily detained and taken identity. newsgathering head Charie Chief Justice Kerr also or- torch runner. followed. RSF has recorded more “Masama ang loob ko sa Villa, the network received a dered a retrial of the case saying Police detained the three RSF than 40 serious violations of the nangyayari sa kaso (I feel bad copy of the directive just hours that the jury was misdirected dur- members and some of the Ti- rights of foreign journalists since with what’s happening to before the protest rally was about ing the trial. According to the betan activists. The RSF members the protests erupted on March 10. case),” Aphrodite Hinolan, wife to begin. London-based newspaper The were accused of showing “con- Meanwhile, lines of commu- of Herson Hinolan, said. She The ban lasted from 5 p.m. to Times, Kerr also said that “the tempt for national symbols” and nication have been cut or heavily said Arcenio could have paid 8 p.m., or about the same time question of malice has not been will go on trial on May 29. restricted. International radio sta- off Melgar to retract his state- the rally started and ended. The decided by the jury and this there- “We cannot let the Chinese tions have been jammed in Tibet ment. Melgar has left the DoJ PNP estimated the crowd at fore remains an issue that re- government seize the Olympic and Internet café owners are be- Witness Protection Program, around 10,000 to 15,000, while quires to be determined, if it is flame, a symbol of peace, with- ing forced to increase the surveil- Hinolan said. organizers estimated attendance concluded that the defense of fair out denouncing the dramatic situ- lance of clients to prevent photos Senior state prosecutor Leo at 75,000. comment is otherwise available.” ation of human rights in the coun- and videos from being sent Dacera of the DoJ’s WPP said the The protest rally, which The Associated Press (AP) re- try,” RSF said in a statement. abroad, reports RSF. At the same DoJ lost contact with Melgar this called for the resignation of Mrs. ported Kerr as saying that the RSF, along with other Inter- time, telephone services are still February. The last time the DoJ Arroyo, was one of many pro- outcome of the previous trial national Freedom of Expression subject to extensive disruptions. had any contact with Melgar was voked by allegations of gross could have been in favor of the Exchange (IFEX) members, has Nor is the crackdown con- when he claimed his subsistence corruption in a government newspaper if the jury was prop- condemned China’s human tained within China’s borders. allowance from the DoJ’s WPP. project to build a national broad- erly guided by the trial judge on rights violations and the crack- Police in Nepal broke up a pro- Lawyer Napoleon Oducado, band network allegedly involv- what to do. down on press freedom in the face test near the UN offices in private counsel in the Hinolan ing millions of dollars in kick- Workman was delighted by of rising civil unrest in Tibet. Kathmandu by hundreds of Ti- case, said in an interview with backs for high-ranking govern- the court decision. “I am very re- Founded in 1992, IFEX is a glo- betan refugees and monks on Bombo Radyo Kalibo that the ment officials. Both Mrs. Arroyo lieved. I think it is a good day for bal network of non-government Monday. The protesters, who case against Arcenio remains and husband Jose Miguel restaurant trade of Northern Ire- organizations that seeks to pro- were demanding a UN investi- strong despite Melgar’s retrac- “Mike” Arroyo have been impli- land,” she told the The Times. mote and defend freedom of ex- gation into the crackdown, tion because there is another eye- cated by three insider witnesses. The Irish News editor Noel pression. The Center for Media were beaten with bamboo witness who had identified Villa said they were fortunate Doran told the The Times that “It Freedom and Responsibility is an sticks and at least 40 were ar- Arcenio as the shooter. that the network had set up a is a great victory for The Irish IFEX member. rested, say news reports. The Supreme Court has re- back-up camera at the Ayala News. We came here to prove a Human Rights Watch says the Human Rights Watch has cently approved the petition for tower, a commercial building point of principle and we have Olympics officials’ resolve to run urged Nepal to stop doing change of venue filed by the Free- located near the rally site. But been vindicated.” the Olympic torch through “Beijing’s bidding” and end its dom Fund for Filipino Journal- Villa said ABS-CBN 2 coverage Convery plans to file another Tibet’s capital Lhasa on June 20- crackdown on Tibetan exiles ists and the National Union of was hampered anyway. lawsuit against The Irish News, 21 could invite new protests and protesting against China. Journalists of the Philippines in ATO is the government according to the AP report. provoke further repression. “Ei- Nepal, home to thousands of February 2008 for the case of agency responsible for com- ther Tibet is open or it’s not. If it Tibetan refugees, has said it mercial licensing of pilots, reg- Hinolan and another Aklan- Crackdown over Tibet and is, let independent monitors and will not allow protests against istration of aircraft, and record- the media go there. If it’s not, the based reporter Rolando Ureta any “friendly nation,” includ- ing of various aeronautical ac- Olympic protests continues torch shouldn’t go there either,” (see related story “High Court ing China. tivities connected with com- says Human Rights Watch. grants petition for transfer of IFEX members RSF, CPJ, mercial aviation. n RIGHTS ACTIVISTS protesting China has faced a public rela- venue of the trials in the killing Human Rights Watch, as well the Chinese crackdown in Ti- tions disaster since protests of two journalists”). as ARTICLE 19 and the World bet, including three members erupted in Lhasa on March 10, the Association of Newspapers INTERNATIONAL of Reporters Without Borders 49th commemoration of a failed (WAN) are demanding that the News network prevented (RSF), were arrested on March uprising against Chinese rule, Chinese government lift its from aerial coverage 24 for disrupting the Olympic and spread through Tibet and lockdown of all Tibetan areas Irish newspaper wins appeal flame-lighting ceremony in neighboring provinces. The Chi- and give media and indepen- THE AIR Transport Office (ATO) on libel case verdict Olympia, Greece. nese authorities responded by dent observers full access. prevented aerial news coverage RSF secretary general Robert dispersing the protests, in some Human Rights Watch and RSF by a local TV news network of THE COURT of Appeals of Ménard and two other RSF mem- cases violently. The government are also calling for an indepen- the largest protest rally against Northern Ireland overturned bers unfurled a banner of the says 22 people have died in the dent investigation, ideally President Gloria Macapagal Ar- on March 10 an unprecedented Olympic rings transformed into clashes but the toll has been im- headed by the United Nations, royo since a scandal over a na- jury verdict directing local handcuffs and called for a boy- possible to confirm because of a into recent events in Tibet. – IFEX tional broadband network deal newspaper The Irish News to cott of the opening ceremonies news blackout imposed by China broke out. ATO declared the air pay libel damages amounting of the Beijing Games in August. in the country’s interior. Tibetan space above Makati City where to £25,000 to a restaurant for a The incident occurred as Liu exile groups say at least 80 people Eyptian editor sentenced to the Feb. 29 rally was held a “no critical food review. Qi, president of the Beijing Or- have been killed. six months in jail fly zone”. Northern Ireland Lord Chief ganizing Committee, was ad- According to the Committee The news helicopter of ABS- Justice Brian Kerr with two other dressing thousands of dignitar- to Protect Journalists (CPJ), state AN EGYPTIAN misdemeanor CBN 2 could not take off as a re- Appeals court judges approved ies, Olympics officials and spec- media have not reported the court has sentenced Ibrahim sult, thus preventing reports and the appeal of the Belfast-based tators, minutes before the flame spread of violence into western Eissa, editor in chief of the in- photographs from the air that newspaper to overturn the was lit at the ancient Greek China. The government censors dependent daily Al-Dustour, to could have given the public an jury’s verdict on the libel case temple of Olympia amid a secu- have access to overseas reports six months in prison for “pub- idea of how large the rally was. against The Irish News filed by rity detail of 1,000 police offic- and online discussion, leaving lishing false information and The ATO directive was issued the owner of Goodfellas Pizze- ers and commandos. The March many in China uninformed about rumors” about President Hosni upon the request of the Philip- ria, Ciarnan Convery. 24 ceremony marks the official the extent of the turmoil. Mean- Mubarak’s health. The court 22 APRIL 2008 CRiSiS CHRONiCLE PJR REPORTS NATIONAL / INTERNATIONAL individuals in connection with a 2008 JVOAEJ of the Screening Committee to sustained campaign of false and assure continuity in the process, misleading statements about focuses on will instead decide on one Tesco Lotus in Thailand. The sug- corruption, human awardee for each of the three gestion that profits from Tesco rights and categories mentioned above. Lotus are not reinvested in Thai- The winning articles can be ei- land is blatantly untrue. The re- environment ther investigative or explana- ality is that we have invested tory reports, and will receive well…. While we believe people THE 2008 Jaime V. Ongpin the usual cash prize of P70,000 are entitled to their opinions, it Awards for Excellence in Jour- each. Other meritorious inves- is our belief that in these cases nalism (JVOAEJ) will focus on tigative/explanatory articles Tesco Lotus was seriously de- corruption/governance, human will also be recognized and ac- famed. Both cases are being dealt rights and environmental issues. cordingly awarded. with by the Thai courts and we This was among the changes The recipients of the Marshall await the outcome. We regret announced in the country’s McLuhan Prize and Australian that we have had to resort to this most prestigious journalism Ambassador’s Award will be action and hope the matter can awards by the Center for Me- chosen from among the be resolved by agreement.” dia Freedom and Responsibil- awardees by the Canadian and Siratranont, currently the sec- ity (CMFR), which administers Australian embassies in consul- retary general of the Thai Cham- the JVOAEJ. tation with CMFR. The awardees Mubarak WWW.MSN.ENCARTA.COM ber of Commerce, was quoted CMFR executive director will be presented in a ceremony said the articles were likely to claiming that they are commit- by The Observer as saying in a Melinda de Jesus said the preceded by the JVOAEJ journal- disturb public security and harm ted to freedom of expression at a speech to 150 activists: “The changes are being introduced in ism seminar, which this year the country’s economy. time when they are issuing court large-scale expansion of the big recognition of the urgency of will be on June 26. Eissa was forced to post 200 decisions to jail journalists.” retailers must be exercised with encouraging journalistic excel- Egyptian pounds (Php 1,500) as Eissa told CPJ that he cur- great care —not too aggressively lence in addressing corruption/ New investigative bail to halt implementation of the rently faces eight cases, most of and too rapidly—to reduce the governance, human rights, and court’s ruling until appeal. Eissa’s them filed by members of the potential tension, which could environmental issues. journ group formed lawyers told the Committee to ruling National Democratic Party lead to serious conflict. There is The country has been Protect Journalists (CPJ) that they headed by Mubarak, who will also the need for the small retail rocked by one corruption scan- A GROUP of veteran journalists would appeal the “politically- turn 80 in May. They accuse the traders to adjust to changes. dal after another, even as the has established VERA Files, motivated verdict”. editor of tarnishing the image of Tesco Lotus must take all of this human rights situation and en- which they said will be doing in- Eissa, who has been dogged the country and harming the into account.” vironmental degradation have depth and investigative stories for several years by criminal reputation of its leaders, in reac- Kamol was sued for an ar- worsened. on Philippine issues. Vera is Latin prosecutions, was charged under tion mainly to articles critical of ticle published in the Thai-lan- CMFR also announced that a for “true.” the Penal Code in September for Mubarak’s lengthy rule and of guage KrungThepTurakit Board of Judges is being consti- According to Ellen Tordesillas, publishing reports about the rumor that his son, Gamal, is (Bangkok-BizNews), which ex- tuted to decide on who the 2008 one of its trustees, VERA Files Mubarak’s health that were “li- being groomed for power. pressed generally the same con- JVOAEJ awardees will be. The will provide relevant informa- able to disturb public security and In May, CPJ designated Egypt cerns about Tesco Lotus’ aggres- selection process goes through tion about current Philippine is- damage public interest.” The case as one of the worst backsliders siveness, and also what the col- several stages. CMFR conducted sues thru stories with back- was first hastily submitted to the on press freedom, citing an in- umnist suggested was the re- the first late last year, the inde- ground, context, and perspective. Emergency State Security Court, crease in the number of legal and tailing giant’s weak social re- pendent scan of the major news It aims to help make the public a special tribunal that does not physical attacks on the press. sponsibility in Thailand. publications to collect articles on understand these issues so it can allow for appeals and rarely is- Both Siratranont and Kamol the basis of minimum criteria, make informed decisions. sues acquittals. But it was exam- Billion-baht defamation acknowledged erroneously say- length and time of publication. The new group’s first story, ined later by a misdemeanor suits filed against ing that Tesco Lotus’ Thailand Articles submitted earlier on the Spratlys issue, was pub- court following a local and inter- columnist, former operations accounted for as much were screened by a committee lished on March 10 in several national outcry. parliament member as 37 percent of the UK-based of journalists and academics Manila newspapers, followed Eissa’s prosecution occurred Tesco’s global revenue, but last April 3 and 4. CMFR has by a series on the biofuels law after First Lady Suzanne Mubarak stressed that this did not detract also received for screening on April 7 and 8. TESCO LOTUS, one of the big- told the satellite television sta- from the main message of their nominations by editors and re- In addition to Malaya columnist gest retailers in Thailand, has tion Al-Arabiya that her concerns—concerns which, in any porters of in-depth reports pub- and Jaime V. Ongpin Awards for filed two staggering defama- husband’s health was “excellent” case, were of legitimate public lished in 2007. Articles submit- Excellence in Journalism tion cases against a Thai colum- and that “there must be punish- interest in Thailand. ted to the Board of Judges do (JVOAEJ) first-prize winner nist and a former Parliament ment either for a journalist, a tele- The expansion of foreign re- not have to be nominated by Tordesillas, the trustees and member, sending a strong mes- vision program, and newspapers tailing chains in Thailand has the news organization. main writers of VERA Files are sage to civil society and the that publish the rumors (saying long been a major political issue The articles that pass the Yvonne Chua and Luz Rimban, press to tread carefully before the contrary).” as it undercuts tens of thousands screening stage used to be clas- who are both JVOAEJ Hall of criticizing the retailing giant in Al-Dustour was neither the of small retailers across the coun- sified into investigative and ex- Famers; Chit Estella, former PJR Thailand, the Southeast Asian only nor the first Egyptian paper try, SEAPA says. planatory articles and were then Reports editor; Booma Cruz, for- Press Alliance (SEAPA) reports. to speculate about Mubarak’s Established in Bangkok in forwarded to Boards of Judges merly of Pinoy Times; and Jenni- Tesco Lotus sued columnist health. But Eissa’s critical and sar- November 1998, SEAPA is a coa- in the politics and governance, fer Santiago of BusinessMirror. castic articles, particularly one and academic Kamol Kamol- business and economics, and en- lition of five media advocacy or- Chua and Estella are both fac- published at the end of August in trakul and former Thai National vironment and social issues cat- ganizations around Southeast ulty members of the Department which he said the president in Legislative Assembly (NLA) egories. A “superboard” then Asia that aims to unite indepen- of Journalism of the University Egypt “is a god and the gods member Jit Siratranont for 100 decided on a list of ten finalists dent journalists’ and press-related of the Philippines, while Rimban don’t get sick,” prompted anger million baht (approximately Php at most, from which three organizations in the region into teaches at the Ateneo de Manila in official circles and was used 132 million) and one billion baht awardees each from the investi- a force for advocacy and mutual Department of Communication. later to prosecute him. (approximately Php 1.32 billion), protection. The Center for Media gative and explanatory catego- “The verdict is a strong mes- respectively, after they criticized Freedom and Responsibility is a ries were drawn. sage from the regime to warn and questioned the aggressive founding SEAPA member. CMFR said that for the judg- Tirol resigns as every journalist against the dan- expansion strategies of Tesco Lo- SEAPA sees the Tesco Lotus ing this year, a superboard will PDI ombudsman ger of getting close to the presi- tus in Thailand. suits as harassment, pure and no longer be constituted, and no dent or criticizing him,” Ibrahim The British newspaper The simple, not only of consumer distinction will be made be- Mansour, Al-Dustour executive Observer quoted a Tesco spokes- advocates and Thai civil society tween articles published in week- LORNA KALAW-Tirol, former editor, told CPJ. “This is mere man as saying that they “have actors, but of journalists and com- lies and dailies. A Board of editor of the PJR Reports, has schizophrenia. Because they keep issued proceedings against two mentators in general.—SEAPA n Judges, which includes members officially resigned as the press PJR REPORTS CHRONiCLE APRIL 2008 23 ombudsman/readers’ advocate funct The Manila Chronicle and cially in the commercially- and of the Philippine Daily Inquirer. Philippine Times Journal are politically-driven media in the Tirol, who held the position for among the newspapers that, at Philippines. OBiT three years, was the fourth least once, employed ombuds- ombudsman of the newspaper. men in their newsrooms. His- Book on Manila BARNES, 63 The Inquirer’s previous readers’ tory has shown that as in most TELEVISION JOURNALIST and newscaster Carol Barnes died of a stroke advocates were Domingo other countries, the press om- Chronicle story last March 8 in Brighton, England. She was 63. Quimlat, Alice Colet Villadolid, budsman system does not work released At a time when looks are given much weight in the selection of and Raul Palabrica. in the Philippines either, and female newscasters, Barnes stood out to prove she was far more The press ombudsman—also only the Inquirer has retained A BOOK that recounts a time- than that. A combination of intelligence, passion, and glamour, Barnes referred to as news ombudsman, the position of ombudsman, or less existence of the conver- started as a scriptwriter for Independent Radio News in the early 70’s public editor, readers’ represen- readers’ advocate. gence between the forces of the and moved to BBC Radio 4’s The World at One in 1974. tative, or readers’ advocate—acts According to Vergel Santos, Philippine media and politics, In 1975, she became a reporter for ITN and anchored, among as a liaison between readers and chairman of the editorial board The Power and the Glory: the Story others, its flagship news program News at Ten. She also became part the newsroom, trying to make of BusinessWorld, the main rea- of the Manila Chronicle 1945-1998, of the morning newsmagazine program Channel 4 Daily produced by both parties understand each son why press ombudsmanship was recently released. ITN and aired over the British TV station Channel 4. other. The ombudsman has a is deemed ineffective is because Authored by historian Raul Barnes covered varied assignments, from Ayatollah Khomeini’s mandate to represent the readers the role “has an inherently ethi- Rodrigo, The Power and the Glory exile in France in 1979, Brixton riot in 1981, down to the tragic death in the newsroom, addressing cal anomaly.” He said that the deals with the entire saga of The of Princess Diana in 1997. Her stint in ITN included her anchoring of their concerns about the nature of the job makes it un- Manila Chronicle from the time it the financial program Simply Money and current affairs Seven Days. newspaper’s work. S/he thereby clear whose interests press om- was put up by a group of journal- Barnes reportedly suffered from depression when her daughter by assures that fairness, accuracy, budsmen represent. “Newspa- ists led by ex-Tribune staff former partner and fellow journalist Denis MacShane, died in an and balance are being met in pers have profit interests. A Roberto Villanueva in 1945 until accident in 2004. This led her to elude television work for a while. news reports. press ombudsman represents its tragic downfall in 1998. During this time, however, she worked as a columnist for the maga- The role is usually given to the public interest, but is being The Chronicle, acclaimed as zine Absolute London. Barnes also spearheaded a number of confer- long-term practitioners. It is paid by people who have pri- one of the finest newspapers ever ences which included a summit on age discrimination. commonly assigned to a news- vate interests,” Santos argued. to be printed in the country, paper insider, sometimes as- Newspapers employ a press served as “both recorder and ac- MCNICOLL, 93 sumed by the publisher or edi- ombudsman to impress on the tor in some of the most signifi- tor; to an outsider, to provide public that they put a premium cant moments in Philippine his- DONALD MCNICOLL, a Scottish journalist who worked for the Asso- an extra level of independence; on their readers’ concerns, but tory.” It has produced four Fili- ciated Press (AP) for 33 years, died on Feb.25. He was 93. or to someone appointed by the its limits are not properly de- pino winners of the Ramon McNicoll’s 72-year career in journalism was primarily devoted to government (as in the case of fined. Santos said that some go Magsaysay Award for Journal- AP, first as the news agency’s London desk head and later as its Sweden). Some ombudsmen beyond their duties and ism, Literature, and Creative world desk head. While in AP, he wrote the AP Manual News Agen- work on a contractual basis meddle in tasks that are not in- Communication Arts, namely: cies and the Law, a guidebook discussing libel, and introduced AP- while most are on the cluded in their job descriptions. Zac Sarian, Raul Locsin, Sheila Dow Jones Financial News Service. McNicoll reported Winston newspaper’s regular payroll. This situation blurs a press Coronel, and Eggie Apostol. The Churchill’s death and viewed it as his most remarkable work for the The press ombudsman sys- ombudsman’s lines of author- Lopez family led the newspaper news agency. tem originated in Japan in a To- ity, creating conflict within the from 1947 to 1993. Known for being a strict and meticulous editor, McNicoll trained kyo daily in 1922 and was later ranks in the newsroom. The Eugenio Lopez Founda- his staff with the right journalistic skills, enabling them to be com- developed in the US in 1967. It But for Jose Pavia, executive tion published the book. petitive with rival news organizations Reuters and United Press In- was then adopted by such coun- director of the Philippine Press ternational. When computers were first introduced in the news- tries as UK, Ireland, Canada, Institute, the failings of press Washington Post room in the early 1970s, McNicoll took part in the negotiations after and those in Europe, Latin performance monitoring insti- some employees contested the change. America, and Asia, many years tutions initiated in the country reporters bag 2008 McNicoll was elected head of the National Union of Journalists after. It was meant to provide by the media themselves can be Selden Ring Award (NUJ) in AP for 20 years and chaired Fleet Street News Agencies’ an independent, self-regulatory attributed to the low turn-out branch of NUJ. mechanism to ensure transpar- of complaints. Some people are DANA PRIEST and Anne Hull McNicoll retired from AP in 1979, after which he continued to ency and accountability in news too focused on other engage- of The Washington Post took write, covering the environment and forestry beats. He also taught gathering and dissemination— ments and tend not to com- home the 2008 Selden Ring at the London School of Journalism for almost 30 years, serving as a crucial task in establishing plain, while others are con- Award for Investigative Re- its deputy head from 1965-75. and sustaining newspaper cred- tented with buying tabloids porting for their series of re- ibility before the public. which feed them the news that ports on the deep and wide- Despite what a press om- they want and which they there- spread problems at the Walter RODERICK, 93 budsman can do in the news- fore would not criticize. He said Reed Army Medical Center. room, the concept has not that with the small number of Priest and Hull’s story, “The JOHN RODERICK, one of the most well-known foreign correspon- achieved universal acceptance complaints, newspapers would Other Walter Reed”, exposed dents in Associated Press (AP), died on March 11 at the age of 93. in the media. According to the think twice before employing the poor condition and bad He joined the news agency’s Portland bureau in 1937 and later European Journalism Observa- press ombudsmen. management at the hospital. its Washington office in 1942. Roderick’s most notable report was tory, there are roughly 90 press The history of the Philip- Their investigation led in the his coverage of the civil war in China in 1946. ombudsmen internationally as pine media has shown that at dismissal of leading Army of- The relationship he established with communist leaders when he of 2007. In the US alone, the least initially they are moti- ficials and the improvement of was covering the renewed civil war between the communists and number of press ombudsmen is vated not by the public’s right the system for treating military the nationalists after World War II enabled Roderick to help pave the declining as news organiza- to and need for information but outpatients. The Washington way for China’s “reopening” to Washington after years of hostility, tions abolish the position for by private and political inter- Post started publishing the re- which eventually led to then President Richard Nixon’s visit to China. economic reasons despite sev- ests, the media being multi- ports in Feb. 2007. His fascination with China led him to write the book Covering eral US studies suggesting that million business propositions The Selden Ring Award for China, which detailed the many conversations and encounters he the position has a positive ef- and as well as political weap- Investigative Reporting honors had with Mao Zedong, Zhou Enlai and other top Chinese communist fect on improving newspaper ons. Those who are supposed journalists whose investigative leaders. credibility and over-all quality. to represent public interest reporting “informed the public Roderick also reported in 1948 the assassination of Count Folke In the Philippines, the role within the media, such as press about major problems or corrup- Bernadotte, a United Nations mediator in the Arab-Israeli conflict, has already been tried and ombudsmen, are pressured to tion in society and yielded con- and the defeat of the French Union Forces in the Battle of Dien Bien tested by many newspapers. prioritize the media’s private crete results.” The award is pre- Phu in Vietnam in 1954. The Inquirer, The Philippine Star, and political interests first. The sented annually by the Annen- Roderick was named AP special correspondent in 1977 and re- the Manila Bulletin, The Manila press ombudsman system thus berg School for Communication ceived the Order of the Sacred Treasure, an award given by the Japa- Times, Malaya, and tends to be a vulnerable regu- at the University of Southern nese government, in 1985. n BusinessWorld and the now-de- latory mechanism most espe- California. n 24 APRIL 2008 PJR REPORTS

have days to go over the court’s decision before they comment on the issue at hand, but justice reporters have only an hour or two to file their stories. It is no mean feat for people who have never been to law school. Covering the justice beat also means listening to, waiting for and sometimes even anticipat- ing what Justice secretary Raul Gonzalez will say next. Cover- ing the judiciary also means cov- ering the colorful, often-criti- cized man behind the DoJ as well. While many cringe in ex- pectation, I for one admire Sec- retary Gonzalez for saying the unexpected—whether it be on the President’s enemies, the DoJ’s cases, or even Susan Roces. And yes, it is about the friendships among court reporters. Among members of the Justice and Court Reporters Associa- n By Marieton Pacheco tion or JUCRA, ev- ery good thing, WILL never forget the Supreme- MANIX ABRERA whether big or Court’s 84-page decision on the le- small, is cel- the beat never fail to questions thrown at ebrated. Pizza, gality of the Expanded Value share with us inside him by the justices. It pancit, ice Added Tax (EVAT) Law. Barely a information and even is also about betting cream, and more week into covering the judiciary, I insights when they with your fellow are but regular could not believe that I had to produce a are most needed. beat reporters on who fare as we cel- I While it takes some time will lose or win a case ebrate birthdays, new report on the decision, which the High to build trust among old and based on the oral arguments reporters assigned on the beat, Court’s Public Information Office had distributed new reporters alike, I believe presented. banner stories, new cell phones, at 6 p.m.—30 minutes before our network’s primetime there will always be those who While many dread the long promotions, and even our own newscast. I distinctly remember that while former SC deserve our trust outright. We hours, fellow beat reporter Jo- children’s accomplishments in spokesman Ismael Khan Jr. was giving a press confer- call them “kaka” in the beat, and seph Morong from GMA-7 says school! I think it is our way of no further introduction or expla- it is actually what he likes most reminding each other to always ence to explain the court’s decision on the added tax nation is necessary. about the judiciary beat. He look at the glass as not half that would further burden Filipinos, I was already in Other reporters have come says he sees democracy in ac- empty but half full. front of the cameras explaining to viewers why the and gone to and from that small tion when covering oral argu- Lastly, and perhaps most im- EVAT was inevitable. This despite the fact that I had press room at the Department of ments, and how the principle portant of all—covering the ju- Justice (DoJ) building along Pa- of checks and balances operates, diciary enables us to inform not read the main petition, nor the arguments for and dre Faura. Many get reassigned especially in cases where certain people about the law. For many against it. to juicier beats, but given the acts and policies of the execu- who have never really read the It was my baptism of fire. And third, don’t forget to ask choice, I have always tive department such Constitution from its preamble While I would rather forget why it’s important. Sometimes wanted to stay. For me, as the Calibrated to the end, covering the justice about my live report that night, we get so caught up in the legal there is nothing like cover- Peemptive Response policy, Presi- beat is almost like taking Law I learned three important things arguments that we tend to take ing the judiciary. Let me tell you dential Proclamation 1017, and the 101–and it is something we as about covering the judiciary for granted why we do reports why. People’s Initiative are questioned. well as our readers or viewers during that two-and-a-half on court decisions in the first It is about seeing a pregnant Covering the judiciary also learn not from teachers or books minute experience. place. Many resolutions emerge woman jump for joy upon learn- means interesting reading and a but from real people’s experi- First, I am not expected to from the Supreme Court’s en ing she has passed the Bar exams, quick political education once ences with the law through the fully explain all the ramifica- banc sessions, but only a few are as well as the long faces and tears you refuse to be intimidated by stories that we tell. Most of us tions of the Supreme Court de- printed in the newspapers or of those who failed, and the clap- the thick ponencias or decisions hope to remind people of their cision. My role as a justice beat aired over radio and television. ping and cheering and shouting by the High Court. The issues rights as individuals. We hope reporter is to inform the public There must be a reason why. of those who made it as they that have reached the court vary to remind them of their rights as that the court has decided on an Knowing why the decision is im- search for their loved ones’ faces from the legality of the President’s citizens of this country, and to issue, and then to make the is- portant makes it easier to go in the crowd. state of emergency proclamation instill in them the faith that they sue understandable to ordinary straight to what it means for the It is about feeling your back to a person’s sex change. Some- should not lose hope in the jus- viewers in the two minutes that ordinary viewer. ache and your butt go numb as times it is entertaining enough tice system even if it has been I have to do the report. My three years in the judi- you sit through 10 hours of oral to just read and listen to legalese criticized often. We can sense Second, it pays to do your ciary beat may seem relatively arguments, witnessing how the that even lawyers themselves ourselves succeeding in some homework. That means reading short compared to the terms of Supreme Court justices think just find hard to understand. Add to cases, but failing in some. But the petition when it is filed so those who have been there for by listening to the questions they that the pressure of translating the that’s the way it is in the justice you have enough background as long as some of the justices ask during the proceedings. It is court’s work into something the beat. n to understand and to be able to themselves. There are only a watching that high profile and ordinary viewer or reader can ap- ...... explain the case once the deci- handful of these veterans. Lucky brilliant lawyer stutter and preciate—while you’re trying to Marieton Pacheco covers the jus- sion is issued. for us newbies, these veterans of buckle as he tries to answer the beat a deadline. I mean, lawyers tice beat for ABS-CBN 2.