DAVAO CITY (MindaNews/27 August) — Here’s a planned assault on press freedom that the Philippine press must fight AGAINST to the end.
Sen. Jinggoy Estrada filed Senate Bill No. 380 that would require journalists to pass professional exams before they are allowed or accredited to practice their profession like doctors, lawyers, engineers or other professionals. Those who fail the exams will not be accredited.
We don’t know what prompted the good senator to do this. He ought to know that journalism is a distinct calling or craft that enjoys special and full protection accorded by the Philippine Constitution itself. Everyone is free to write and express his views under the principle of free speech. He doesn’t have to get prior permits to write and express his opinions or views. One can even publish his own newspaper freely without securing any prior permit or license. In fact, journalists are so free they are free to even make fools of themselves, if they so wish. Prior restraint is a constitutional no-no! That’s what freedom of the press is all about. Of course, a journalist will be liable AFTER for what he writes (libel or civil cases for damages) but PRIOR restraint is anathema to press freedom.
This is not to be construed however that journalists are free to malign and libel anyone. There is a recourse given to the public for redress. Civil and criminal cases can be filed against them AFTER PUBLICATION and this does not constitute infringement of the freedom of the press. PRIOR RESTRAINT before publication is what the constitution does not countenance.
RADIO AND TV — A slight distinction however will have to be made between print media and electronic media (radio and TV). In the latter case, frequencies have to be approved by government (specifically by the National Telecommunication Commission) before radio or TV stations can broadcast. Government may regulate them or even remove them from the air, if need be. Even movies and shows have to get the approval of the government (in this case the MTRCB) and can be priorly censored.
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MY LIBEL CASE –I have spent more than one half of my whole lifetime doing presswork — as a reporter, stringer, correspondent, columnist, editor and now publisher — in between forays in government and lawyering. Some media friends had been saying that a veteran journalist is measured by the number of libel cases filed against him.[]
I don’t have much to brag about on this. Except one libel case that is unforgettable. That happened before Martial Law when PRESIDENT MARCOS filed a case for libel against the MANILA TIMES and his nemesis, SEN. NINOY AQUINO. I just happened to be an unknown reporter from Davao City getting caught in their battle of giants.
Let me recall. I was then Davao correspondent of the Manila TIMES before Martial Law and taking up law at Ateneo de Davao Law School. One day, I got a personal long distance call from no less than the venerable CHINO ROCES, Times publisher himself telling me to cover Senator NINOY who was scheduled to speak in a Davao political rally at the Rizal Park. (Ninoy obviously was Chino’s “fair haired boy” having started his public career as a young TIMES correspondent covering the Korean War). He was to expose the alleged unexplained wealth of President MARCOS citing several mansions and properties here and abroad. It was to be the initial salvo against the President. But since the speech would be made late in the evening and beyond deadline time for the following day’s TIMES issue, Chino told me that he had arranged for the senator to receive me for an exclusive interview at the downtown Imperial Hotel before the scheduled rally. Indeed, Senator Ninoy was waiting for me at the coffee shop. And gave me the full story and a copy of his speech. I dispatched it to the Manila desk by long distance call (no fax or emails yet at that time), worrying that a looming big rain could abort the rally and the speech — a contingency that enterprising reporters must face. Come to think of it, I cannot remember now having checked if Ninoy got to actually deliver the speech as indeed a big rain came that night. But I had a spare copy of his prepared speech that the senator handed to me, just in case.
The following morning, the TIMES printed my bylined story in screaming headline: ‘MARCOS UNEXPLAINED WEALTH EXPOSED”. Malacanang’s retort was swift and furious. President Marcos himself announced he would file libel cases against NINOY, the MANILA TIMES and “that Davao reporter.” I was already in 2nd year law at the Ateneo Law School at that time and I had the biggest scare of my life when Dean PANYONG ESTRELLADO told me: ” Jess, kiss your plans of being a lawyer goodbye.” A libel case, even pending would be a problem in qualifying to take the bar examinations or taking the lawyer’s oath. More so that the President of the Republic, no less, was the one suing. I spent many sleepless nights after that.[]
