Update: Lacson to Gonzalez: Review Constitution
Media is answerable only to the public it serves- media guru Vergel Santos
Secretary of Justice Raul Gonzalez issued the following advisory today:
To: All chief executives (CEOs) of media networks, media companies and press groups and entities:
Please be reminded that your respective companies, networks or organizations may incur criminal liabilities under the law, if anyone of your field reporters, news gatherers, photographers, cameramen and other media practitioners will disobey lawful orders from duly authorized government officers and personnel during emergencies which may lead to collateral damage to properties and civilian casualties in case of authorized police or military operation.
From ABS-CBN online:
Media groups slam Gonzalez’s advisory on “emergencies”
The Department of Justice’s (DOJ) advisory on media coverage released Friday drew opposition from media groups as said it sends a “chilling effect” to media in the context of what happened to members of media who were detained after the failed November 29 rebellion.
The media advisory warned that journalists may be held liable if they fail to follow lawful orders from authorized government personnel in cases of emergency situations.
“Precisely to avoid a similar situation that happened when media people were randomly arrested and government was vehemently attacked about that,” said DOJ Secretary Raul Gonzalez said.
The advisory which was signed by Gonzalez stated in capital letters:
“Please be reminded that your respective companies, networks or organizations may incur criminal liabilities under the law, if anyone of your field reporters, news gatherers, photographers, cameramen and other media practitioners will disobey lawful orders from duly authorized government officers and personnel during emergencies which may lead to collateral damage to properties and civilian casualties in case of authorized police or military operations.”
Media networks and organizations immediately issued statements opposing the DOJ’s advisory.
In a statement, ABS CBN News and Current Affairs head Maria Ressa said ABS-CBN will continue to “report the news without fear of reprisal.”
“We will continue to cover conflict situations because the Filipino has the right to know,” said Ressa.
Television and radio reporters and crew of the ABS-CBN were among those apprehended by authorities during the Peninsula Manila siege in Makati City.
The National Union of Journalists of the Philippines (NUJP) on Friday considered as “dangerous” the DOJ’s advisory.
“This is dangerous. Una, sino ang tinutukoy na ‘government officers and personnel’? Ano ang ibig sabihin ng ‘lawful orders’? Anong mga incidents/situations ang papasok sa sinasabing ‘emergencies’?” said NUJP Secretary General Rowena Paraan.
(This is dangerous. First, who are they calling ‘government officers and personnel’? And then what do they mean ‘lawful orders’? What incidents/situations would fall under ‘emergencies’?)
“These are perilously broad and vague terms,” Paraan said, “Pangalawa, kailangan tingnan siya sa context ng (Secondly, they should be seen in the context of the) Manila Pen arrest of journalists, EO [Executive Order] 168 and other actions that imperil press freedom, that constrict the people’s access to information.
“Pangatlo, dapat nga siyang tingnan as a direct threat sa (Thirdly it should be seen as a direct threat to) journalists covering emergencies and other incidents that the public need to know about.
Paraan added “But if anything, consistent talaga ang Arroyo government. Consistent sa infringement of press freedom at sa hostility sa media”.
(But if anything the Arroyo government is really consistent. Consistent in infringement of press freedom and hostility towards media.)
Meanwhile, the National Press Club said the advisory “abridges press freedom in the sense that it sends a chilling effect on the practitioners of media and constitutes itself as a prior restraint thereto.”
The NPC said the advisory gives the impression that media men and their respective news entities will be held criminally liable should they refuse to leave the scene of incident similar to the Manila Peninsula Hotel siege.
According to the NPC, the definition of the word “emergencies” is still unclear.
“It also suggests that the government is establishing a policy to prepare for future planned actions that may result as an emergency, reinforcing pronouncements of impending coup uttered by Interior and Local Government Secretary Ronaldo Puno, Philippine National Police chief Avelino Razon and Armed Forces chief Hermogenes Esperon.”
It added: “The Club is hoping that should an emergency happen again, press freedom will still rein as the rule of law over orders for the journalists to withdraw their coverage.”
Lawyer Marichu Lambino of the University of the Philippines reiterated the same concern as the NPC.
“Hindi malinaw ang sinasabi sa DOJ advisory…masyadong general, ano bang batas ang kanilang tinutukoy? Nagdadala lamang ito ng chilling effect sa mga media practitioners,” Lambino said.
(The DOJ advisory was not clear on its content… it’s too general, what law were they referring to? It just sends a chilling effect to media practitioners.)
For his part, another lawyer from UP Harry Roque believed that this is a clear violation of the Constitution and even international law.
“It violates the freedom of the press…violates the freedom of expression which is protected under the International Covenant on Civil and Political Rights,” said Roque.
Malaya and abs-cbnNEWS.com columnist Ellen Tordesillas who was among those apprehended during the siege said the advisory is a repression of press freedom and against the law.
“Walang demokrasya na walang freedom of the press. Ngayon sinusupil ito ng memo na ito. So paano iyun magiging lawful order? So iyung order na ito ang hindi lawful!” Tordesillas said.
(Ther’s no democracy without freedom of the press. Now it is being repressed by this memo. So how can that be a lawful order. It is this order that is unlawful.)
Gonzalez: Just a reminder to media
On Friday, Gonzalez clarified that the advisory was just a reminder of what was discussed during a meeting between media representatives and the government after the failed November 29 rebellion in Makati City.
“That was just a reminder that has been actually taken up during the meeting between media and the government panel at the Manila Pen shortly after the incident. So this is just a reminder,” Gonzalez said on ANC’s Top Story.
Gonzalez said the advisory was issued to avoid casualties or collateral damage during instances in legitimate military or police operations.
“We respect the rights of media to cover events. In instances where let’s say in a legitimate military or police operations we are trying to avoid casualties or collateral damage to persons or property. And you know government is already being blamed for any untoward incident or any casualties that will happen that’s why this advisory is necessary,” said Gonzalez.
He cited The Peninsula Manila hotel incident where authorities called up the desks of media organizations who covered the event, two hours before the siege to ask them to pull out their reporters who might be caught in case of crossfire.
However, Gonzalez said their request was not heeded and even resulted to them taking the blame for the arrest of some members of media.
“We are trying to avoid that situation already…. When these things happen and they will go out of control and the military, police will intervene it might necessitate a situation where this advisory will be in order,” he explained.
He cited another example when journalists would commit “obstruction of justice.”
“When we requested for example that they should be pulled out from the scene and they refused and therefore it will block the movement of government forces who will be there to quell an uprising or rebellion or whatever. That is already an obstruction of justice,” he said.
When asked if the advisory would also apply to particular broadcasting or airing of event, Gonzalez said “if the transmission is balance I think there is nothing wrong with that or the reportage being made on the air is objective.”
He was quick to add “but if the announcements will tantamount to propaganda on the rebels, there’s something wrong there.”
It will not only be the DOJ that will make an evaluation on whether a particular broadcast is fair or unfair to the government, Gonzalez said.
“That will depend also on the reports we will be receiving afterwards from the people on the ground and we will evaluate. We will never be precipitate on this situation because we know there is freedom of the press, freedom of media. But I think we will all agree that freedom has limitations also,” he said.
Should media oppose the advisory and continue to cover an event, the justice secretary said the government has also certain rights to enforce [the law].
Gonzalez said the advisory will only take effect when there is a situation that will take place and demands intervention on the part of the government.
“I don’t think that any gathering will necessitate that because we should consider a situation like what happened in the Peninsula or Oakwood where an area has been fully occupied and snipers are everywhere and people inside are armed. But if there is a gathering in Quaipo where they will gather to air legitimate grievances I don’t think there is anything that government should intervene there,” said Gonzalez.
He is confident that police commanders on the ground will know when to enforce the law in connection to emergency situations.
“I think the police on the ground will know on how to make that distinction,” he said.
Gonzalez’ advisory violates freedom of the press which is enshrined in the constitution. It is prior restraint which is illegal.
Any order that violates the Constitution is unlawful.
Raul Gonzalez is a certified Iddiete!
Wala na bang magawang tama ang matandang hukluban na yan?!
Atty, paano naging criminal issue ang hindi pagsunod ng mga media practitioners sa mga gagong opisyal ng pekeng gobyerno ni Gluerilla?!
Si Raul Gonzalez ang dapat ikulong dahil nagwawala na naman. Put him in a straitjacket!
Base sa kanyang advisory that violates the Constitution, he should be the one send to court and punished, merong malakas na evidence siyang pinalabas.
Chi: A prelude of what is imminently forthcoming….
Crack down on media outlets first, as a result, curtailment of public access to informations and the coup de grace — Martial Law as the 2008 rule of law! Possible?
Cha-Cha and National ID are mere foreplays!
Exactly Maám Ellen!
According to Art.III (Bill of Rights), section 3: (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law.
Section. 4: No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the gov’t fro redress of grievances.
Calling atty. Gonzales, alam mo ba yong pinaggagagawa mo ha, gusto mo atang ibato ko sa iyo ang RA386 chapter I, art. 3 ( Ignorance of the law excuses no one from compliance therewith,).
Hoy tanda ang linaw ng art. 20, basahin mong mabuti ok, Ëvery person who, CONTRARY TO LAW, wilfully or negligently causes damage to another, shall indemnify the latter for the same.”
O hihirit ka pa eh ginagalit mo ang Masang Pinoy, gusto mo may garapon na itong art. 32, “Any public officer or employee, or any private individual, who directly or indrectly obstrucst, defeats, violates, or in any manner impedes or impairs any of the ff rights and liberties of another person shall be liable to the latter for damages: 2) Freedom of speech; 3) Freedom to write for the press or to maintain a periodical publication; 11) The privacy of communication and correspondence; 13)The right to take part in a peaceable assembly to petition the gov’t for redress of grievances.
Close your mouth atty. Gonzales parang awa mo na!
JC,
I believe you. Next time, it’s Gloria on the air declaring the inevitable.
Ellen,
Ganyan sila ka-paranoid sa isang Gen. Lim ha?! So, they admit that Gen. Lim can put them down! Haha!
Chi,
Re: Si Raul Gonzalez ang dapat ikulong dahil nagwawala na naman. Put him in a straitjacket?
Ano? Ngayon na! Di dapat pagtagalin yan kasi delikado dahil sign na yan ng pag-uulyanin eh. Pasaway talaga ang tigulang na yan.
Pinagagalit talaga ang Masang Pinoy.
Ellen,
Was that a show of brute force or a sign of paranoia?
My God ! When will this InJustice Secretary’s madness end ?!?!
That madman should be locked up in a Mental Institution & like Hannibal Lechter, an iron mask should be placed on his face !
Chi,
Di ba naghihimas na ng rehas na bakal ang magigiting nating Katipunero eh bakit masyadong worried ang mga iyan? Di ako mapalagay, ang suspetsa ko eh takot sila sa mga taga-Media kasi nga po eh baka bweltahan sila ng Parker, Cross, Sheaffer, Caran d’Ache, Faber-Castell, Michel Perchin, DuPont, Montegrappa, Stipula, Yard-O-Led, Pelikan, Waterman, Montblanc, Monteverde, Sigma, Delta (brand) and Rotring.
Di pa kasama dito ang made in China ha!
Smile naman…He he he he he!
Di ba ang Noli Me Tanghere ang pumukaw sa isip at damdamin ng mga Pinoy noon, eh ang Ellenville naman gigising sa tunay na labang ito.
Bakit po, kasi nga maraming pa ring journalists ang pera pera lang katapat, pero yong mga kilala natin eh makabayan at idealistic Pinoy/Pinay journalists.
Mabuhay ang kampo nýo Maám Ellen, wag pasisindak sa pananakot nitong matandang walang pinagkatandaan.
Chabeli,
Our God ha! Smile naman…..
RE: When will this InJustice Secretary’s madness end ?!?!
Very soon……Alam mo nag uulyanin na yan kaya di alam ang pinaggagagawa.
I had to take a third look sa picture ni Death of Justice Secretary, kasi akala ko it was lifted from a wax museum picture..(naga hining hining pa ang mukha (it looked shiny)..kung taga Iloilo ako..mahuya gid ako..a son and daughter of Iloilo ay isang siraulo? at isang brenda starr?..nakadamo ang buang buang? or full moon lang lagi?…tigulang ka na siraulo..abi bungko ka na lang kag maghipos..good grief!
Year of the Rats! kaya tulilo na ang mga iyon!
Ka balweg
amen sa mga sinasabi mo. as i said, ipako si gonzalez sa cruz at ipakain sa langgam.
Mabuhay ang mga makabayan na journalist – ellen, ces, riza, ted, ricky, etc.
On the legal basis of such an order, is there a law that governs it? Wish the legal minds had an answer to this.
Rose: ..a son and daughter of Iloilo ay isang siraulo? at isang brenda starr?..nakadamo ang buang buang?
*****
Hahahaha! Iyan ang napapala ng mga ambisyoso! Nabubuang! Illusion of grandeur is a mental illness as a matter of fact!
I can’t really understand how Filipinos can tolerate this SiRaulo Gonzales. How can this idiot be allowed to be imposing his own rules when he is not confirmed even now to head the department that is now more aptly called “Department of Injustice.” Kung sabagay, hindi naman nakakapagtaka when Filipinos can even tolerate a criminal calling herself “President of the Philippines” and issuing EOs to curtail their freedom, etc.
Wala na bang katapusan? Kawawang bansa!
sa mga tao na medio medio..o kaya siraulo..ang sinasabi sa amin..hindi pagsapaka umang umang ri a..kung baga dito ang sinasabi..”pay him to mind..he is crazy”..ang sabi nga na inaanak ko noong maliit pa siya…”ninang why do you call ninong sira ulo..he has broken head? walang mental institution sa Iloilo, kaya ang mga umang umang pakalat kalat…
One suggestment, media boycott Gonzales and dont glorify his works. Let him publish his announcements, warnings, etc thru the NPO and govt media instruments like flyers on every meralco posts, office bulletin boards, etc. Lalong nakakadisturb kung malagay sa mga commercial media. He gets great mileage everytime and enjoys entertaining us whenever he opens his mouth. See what the writers in the US entertainment are doing.
I like the above quote, Jug.
do we still wonder sir raulo gagonggonzalez utters those kind of nonsense?
has anyone forgotten that his brain is located ih his ass that everytime he farts a part of it departs?
Good quote on civil disobedience, Jug. It is what Filipinos should have done especially after the cheating was verified and confirmed even by the Dorobo’s own “I’m sorry!”
It was the impression I got when Querubin, et al refused to obey the criminal and her cohorts but uphold the rules of law and be true to their oath to protect country and people. It was actually not breaking the law but mere civil disobedience to a bad administration.
Grabe na talaga. Sino na lang ang maasahan nating tagapagligtas? Tingnan nyo na lang ‘to :
http://www.youtube.com/watch?v=SjV2jeLdy0M&NR=1
Ever wonder how the GUBERNATOR, Arnold will react if he met SiRaul Gonzales?
http://www.youtube.com/watch?v=cemokkabTqM
Saan na pupulutin ang ‘Pinas kung ganito ang mga public officials natin?
http://www.youtube.com/watch?v=THvzdRYBiT0&feature=related
Agree with Thoreau, Jug.
I’d go as far as sacrificing one bastard for the good of many!
Gosh, Jug. I clicked the youtube with Brenda on it and my computer went dead. Totoo, even my computer rejects her voice and image!
Buti na lang at naayos after half an hour.
101% that Chief Justice Raul Gonzales is not only ignorant of the law but also an INSANE Public Liability official. How did he become a Justice Secretary when he himself does not know the context of Philippine Law……Freedom of PRESS as a third state aside the FAKE Government.
i agree when people say that sec gonzales is not only IGNORANT OF THE LAW but also an INSANE public liability official because up to now his appointment as cabinet secretary is not yet confirm my the Commission on Appointment or shall i say to be truth his appointment was again bypass for the __th time.
Chi:
Nalaglag ako sa upuan ko sa experience mo! Pinanood ko si Brenda. Wow, admitted niyang siraulo niya! Ballistically patik daw siya! hahahahaha!
Lord, please save the Philippines!
Raul Gonzalez said their info of a Jan. 22 plot led to his issuance of warning to media.
What is that plot? He said intelligence reports said there will be “mass actions”.
Why are mass actions now considered destabilization plots? Hindi na pwede magrally? Are we still in a democracy?
Click here for the Inquirer story.
isa pang dahilan upang hindi na pagtakhan kung bakit ganyan na ang mga pahayag ng hulubang ‘yan, NALUTO na sa bagsik ng anesthesia ang utak niya!
o baka nalusaw na.
It’s not a surprise. Gloria and her protectors are allergic to mass actions. Baka ma karma (mob rule) sila. DOJ chief Raul Gonzalez preempted gag order may prevent the repeat of 2001 January coup and 2001 May 1st mass uprising. Anyways, the discredited Arroyo regime cannot prevent the wrath of the Filipino people from happening. Only time can tell.