Press freedom and the right to reply - I

It's quite amusing that some journalistic pretenders bandy press freedom as a license to brag to the four winds. Imagine, even the vehicle for transporting daily newspapers and magazines for distribution is sporting in bold letters the word "PRESS" or "MEDIA".

Moreover, some enterprising self-promoters who are not practicing journalists are wont to form themselves as media men. They brandish the press ID card with bravado, as if to cow or impress people, or corner connections.

There used to be the saying that the pen is mightier than the sword. But that was in reference to the bonafide pen pushers. Wearing a jacket or a cap emblazoned with "Press" or "Media" doesn't make one a journalist.

The vital role of media in disseminating news or information, educating the public, forming public opinion, criticizing officialdom, entertaining the listeners/readers/viewers etc. is beyond cavil. Complementing such role is its awesome onus not to abuse or exercise it below decent standards of the art.

It's not just a trade for the seekers of easy buck, or fame even if undeserved. The press or media, to include its satellite, isn't called Fourth Estate for nothing.

As an inseparable institution in any democracy, or even in despotic realms, the freedom of expression is indispensable. And to boast that the freest press in the world is that of the Philippines is a source of pride. Never mind that ironically, ours is also second in the highest number of killings among journalists, only next to that in war-torn Iraq.

One privileged "shield" from suits strengthening the hand of journalism for the last 62 years is the Senator Vicente "Sotto Law" (Rep. Act No. 53). In fine, under this law the writer can refuse to reveal his source of news/info except when the Court orders disclosure for national security. This statute grows teeth to the Constitutional mandate on press freedom.

There's still libel as Damocles' sword hanging over the journalist's head, usually filed by government officialdom, often the target of media over graft and corruption. While many mediamen, especially those writing acerbic columns, are inconveniently harassed by suits, they take it with a grain of salt, as part of professional hazards. Mostly though, when the assailed person is a public official, the Court often finds for the author on the rationale that a public functionary should not be onion-skinned, and only get assuaged by the balm of a clear conscience.

 Lately, there's another issue on the "right to reply" by the object or victim of the media report or commentary. Should a law be enacted, the latter must be given the right to reply in the same print publication, and similar space as the offending item had appeared, or the same tv or radio spot or program it had been shown/heard. Senate Bill No. 2150 principally authored by Senator Aquilino Pimentel, Jr. has already hurdled the Senate.

 Pimentel argued that the bill answers the grievances of those unfairly libeled who later caused the killings of mediamen, particularly radio "blocktimers", in retaliation for the libel. The rationale of S.B. 2150 is that the victims of libel would have the chance to reply, instead of taking the law into their hands through hired guns. If finally enacted, what happens to the wide leeway of print/tv/radio people, especially some "radio blocktimers" who may be "fly-by-night" journalists? And of the truly career or professional journalists?

For the latter who are true-blue artisans, they know how to deal with situations; nonetheless, they can't help howling foul against press freedom as a democratic institution. Certainly, the "right to reply" issue isn't also something to sneeze at or toy with. In fact, the pooled editorial - "Media at a Crossroads" - of the local press/media for the Cebu Press Freedom Week reveals a serious concern. How to balance both fundamental rights so as not to promote "AC/DC", or mere abuse, on one hand, and abet on the other the threat of the silver bullet to avenge wounded pride, but truthfully assailed, indeed poses the crossroads. (To be continued)

* * *

Email: [email protected]