Cases involving minors: New guidelines violative of freedom of press?

A new set of guidelines issued by the Department of Justice that prohibit the media from accessing records on cases involving minors got unfavorable reactions from journalists for being violative of the freedom of the press.

Some journalists who attended the consultation yesterday on the revised guidelines for the media on coverage of cases involving children viewed the guidelines as “prior restraint.”

The guidelines say: “It is absolutely prohibited to access, use or in any manner disseminate a child’s case files or records. Any media practitioner who accesses, uses, or disseminates a child’s case files and any person who provides records involving a child shall be dealt in accordance to existing laws.”

But while the guidelines prohibit the access to records, they said “crimes of violence by or against children must be reported factually and seriously without passing judgment, stereotyping, or sensationalism.”

Members of the media, however, viewed the guidelines to be contradicting because a report can never be factual if they are not given access to records of the case.

DOJ undersecretary Linda Hornilla, chairperson of the special committee for the protection of children, said even in the initial stage of the investigation by the police, media are not allowed access to information.

Hornilla said it is not enough that the names and other personal circumstances that might lead to the identification of the child are not published because the records should be confidential in the first place. 

Lawyer Steve Jularbal, legal counsel of the Kapisanan ng mga Brodkaster ng Pilipinas in Manila, said he understands the position of the media being a practitioner himself.

However, Jularbal said the media should work within the context that children’s rights are being protected under the law.

But he explained that what the DOJ is doing is just presenting a guideline for the media to observe in reporting about children.

She said it is up to the media to observe the guidelines but she reminded that most of the laws that provide protection for children have penal clause.

A big issue was raised regarding the incompetence of some government units such as the Philippine National Police, Department of Social Welfare and Development, medico-legal officials, among others, in addressing juvenile cases.

The media cited that those agencies hold initial responsibility for not withholding sensitive information on juvenile cases, which would harm or traumatize the child instead of protecting them.

The resource persons also said they are planning to set guidelines for the police for the “welfare” and “best interest” of the child. — Fred P. Languido and Niña Chrismae Sumacot/LPM