Media’s Big Brother

The honor belongs to Justice Secretary Raul Gonzalez who said from Iloilo over the weekend that seven unidentified print and broadcast journalists were being continuously "monitored" for possible inciting to sedition charges.

The good Secretary, evidently, is taking some time from his difficult duties of supervising criminal prosecutions all over the country, watching our borders for undesirable aliens, and improving our antiquated national prison system, all of which are among the graver responsibilities of his office, to assume the role of media watchdog.

He has set his sights on print and broadcasting journalists who may be committing acts of inciting to sedition. That crime, in words attributed to him by a newspaper (not the STAR), is "easy to prove." He has reportedly asked the National Telecommunications Commission to provide him with "pertinent" audio and video materials.

He apparently has the spare time to listen to or view the materials himself, or he’s got the people to do for him what the NTC should be doing, in tandem with the self-regulatory mechanisms of the Kapisanan ng mga Brodkaster sa Pilipinas. The Philippine Press Institute is supposed to be doing the same thing for print media.

A newspaper (again, not the STAR) also reported that the Secretary made the statement on his designation of self as watchdog from his home province of Iloilo, where there appear to be two newspapers that are doggedly critical of him.

He forthwith reportedly ordered the regional office of the National Bureau of Investigation to monitor the news reports, editorials and commentaries of Panay News and the Daily Informer. He supposedly instructed Regional Director Mario Sison to give him daily – get that, daily – reports.

In reaction, one publisher of the subject papers said that the Secretary was "getting personal" about the matter. Another tells me he fears a vendetta and disclosed that when Gonzalez was still a congressman from Iloilo, the latter filed two libel cases against him and his paper. Both cases are still pending in Quezon City, the venue selected by the complainant whose office was located at the Batasan.

Then Representative Gonzalez, of course, had every right to file libel charges against newspapers which he felt defamed him. His choice of venue for his cases is permitted under the Rules of Court, even as the Iloilo-based accused complain of the difficulties and expense of fighting a case in Manila.

As Secretary of Justice, however, I wonder at the wisdom and propriety of his specifically directing the NBI to "monitor" the two newspapers. If the editorials and columnists of these newspapers now resolve to renew or escalate their adverse criticisms of him, will we see, not more libel cases, but prosecutions for inciting to sedition?

Well, let’s not jump to conclusions. I remain hopeful of the perspicacity and restraint of the Justice Secretary, whose office has awesome power and resources. I’m not sure of his fabled short temper though.

However, the Justice Secretary will not be able to rely on the Philippine National Police to assist him in his monitoring effort. The PNP, its relief barely concealed, has announced that its media monitoring days, which were thrust upon them by the unmissed Proclamation No. 1017, have been terminated with the lifting of 1017.

The PNP may have a better grasp of the enormity of that unwanted assignment, the essential inability of police to discharge that unaccustomed function and the dangers to fundamental liberties of blind obedience to ambiguous instructions. It has also withdrawn its request for "guidelines" from the NTC which the PNP had correctly figured out would be more expert in these matters.

Other departments of government have already prudently declared that their priorities lie elsewhere. Consolidating government forces within the AFP, tracking down financiers and "sleeper" supporters of destabilization, giving overdue attention to reforms within the military and, in general, getting back to the business of fixing an economy "poised for take-off" do seem to merit the more urgent attention of government.

But "cracking down" on media only raises fears of more coming assaults on civil rights and constitutional liberties. GMA doesn’t need this now, if she intends to mobilize a broad consensus behind her economic initiatives. She has already declared the end of the "national emergency." Continuing vigilance does not require extraordinary measures at the behest of officials with questionable motivations. Their missteps cannot but undeservedly boomerang on the President.

And by the way, contrary to a report by another paper (once again, happily not the STAR), it is not true that the NTC has "new rules" prohibiting anonymous sources for news items. NTC Commissioner Jorge Sarmiento called radio stations yesterday to deny that report.

A cursory reading of Memorandum Circular No. 01-03-2006, issued last Friday, makes clear that the NTC merely reiterated its recognition of self-regulation of radio, television and cable TV by the KBP with respect to program standards. The NTC also explicitly stated in the MC that it was not "issuing a new set of guidelines" but supported initiatives the KBP had already taken.

The NTC reminded all concerned that the Commission had officially adopted the KBP Radio and Television Codes as early as 1985, as well as KBP Circular No. 06-16, dated February 27, 2006, which "underscored" the "importance and applicability" of certain provisions of those Codes "in the light of the current situation."

Some people, primarily government functionaries, might think that broadcast media goes their merry way doing whatever they feel like doing, without any rules or guidelines to govern their actions. While it is true that much depends on an individual journalist’s commitment to professional standards and ethics, there are objective regulations which he or she can’t ignore.

Moreover, all journalists know they remain subject to relevant civil and criminal statutes. While evidentiary requirements may be somewhat more stringent, no journalist enjoys absolute immunity and the vulnerability of many to outright harassment or physical harm is substantial.

But it’s about time we looked at the specifics, including this whole issue of "fairness and balance" which the government, most recently through Executive Secretary Eduardo Ermita, constantly asks of media. We tackle that, next time.