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Friday, February 29, 2008

 

ENTHUSIASMS & FOREBODINGS
By Rene Q. Bas
Impunity and press freedom

 
TODAY the Center for Media Freedom and Responsibility and delegates—from the Philippines and other countries—to the Conference on Impunity and Press Freedom at the Makati Pen will launch the “International Campaign to Fight Impunity and Protect Press Freedom in the Philippines.”

The conference began last Wednesday. CFMR co-organized it with the Bangkok-based Southeast Asian Press Alliance with the support of two New York-based organizations, the Open Society Institute (a member of the Soros Foundation Network) and the Committee to Protect Journalists.

Chief Justice Reynato Puno, The Manila Times 2007 Person of the Year, gave the first keynote address. He, once more, proposed positive measures to strengthen press freedom. He said—reiterating a conviction that other learned men have held and promoted through the centuries—there would be no democracy without press freedom.

“Bullets fired at the direction of journalists pierce not only human flesh, but also our republican ideals,” he said. He recounted that since 1992 all over the world 679 journalists have been killed and that since 2001, 70 journalists have been killed in the Philippines. (Not the CJ’s words but mine, this makes the rich and powerful of our country the fifth highest devourer of poorly paid journalists doing their work).

The Chief Justice reserved his deepest lament for these facts: Of the cases that have been filed “as a result of these [70] killings, only one has been resolved, six are undergoing trial, 18 are under investigation, four have been dismissed, and four are pending prosecution.”

He spoke about how the newly promulgated writ of habeas data can be used to buttress press freedom and human rights protection in our “bedeviled” country.

Libel and defamation laws

CJ Puno said that aside from the killing of journalists, the abuse of the law on libel and defamation was the immediate threat to press freedom.

Indeed, the rich and powerful use Philippine libel laws to stifle freedom of the press as handily as murder and enforced disappearance. CJ Puno asked the Philippine Congress to put a cap on the civil liabilities imposed on those found guilty of libel.

He also appealed to our lawmakers to pass the pending legislation to decriminalize libel.

But the massive majority of the congressmen are allies of the Palace and powerful local government officials. Are there enough lawmakers who believe with Thomas Jefferson, Tom Paine and CJ Puno that the press is vital to democracy and civil liberties?

Most of the congressmen and local government officials are oligarchs out to preserve their clans’ hold on social, political and economic power. Their power gives them the capability to be venal, corrupt, untruthful, treasonous and abusive without fear of punishment.

He reiterated that the Supreme Court has asked judges to carefully evaluate libel cases so that the punishment for libel could be limited to fines (rather than fines plus imprisonment).

The High Court has been driven to take these steps because the threat of imprisonment makes some journalists shrink from their duty to report the truth to their readers and audiences. The journalists’ poverty makes it veritably impossible for them to set up a proper defense. Worse, if found guilty, where would they get the money to pay for the fines?

Focus on RP

The “International Campaign to Fight Impunity and Protect Press Freedom in the Philippines” will focus the world’s attention on our country for being one of the world’s most dangerous places for journalists. More people will then get to know that State power is constantly being used to corrode the already weakened pillars of press freedom here.

The delegates from foreign countries will surely make sure that their publics in Asia, Latin America and Europe learn the details of how—under the Arroyo administration—freedom of the press has shriveled, the people’s right to information has diminished and the perpetrators of these anti-democratic acts are doing so with impunity.

But will the Arroyo administration officials—nowadays so consumed by the imperatives of survival—give a damn what the CFMR, SEAPA, the Open Society Institute, the Committee to Protect Journalists, the Inter-American Press Association, Magsaysay Awardees like Atmakusumah Astraatmadja and foreign editors and newsmen say about the Philippines?

Perhaps they will just say—as the Justice secretary once told some other Philippine-watchers: “Go jump in the lake!”

   
 

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