I.
Abstract
Article II. Section 1. The Philippines is a democratic and
republican State. Sovereignty resides in the people and all
government authority emanates from them.1
It is the constitutional duty of each and every citizen to uphold and live up to the
standards demanded by the Constitution. We are a democratic state where power is held
by the people, for the people.
It is in democracy where media is of a necessity. Through the myriad of processes
and agencies where Government perform its functions and duties, the public is lead to a
tendency where they might not be able to grasp the whole activity of the governmentleading them to be blindsighted, prejudicial to their rights. Media, being the medium of
the public, ought to reflect the true, fair and accurate account of events and incident
pertaining to public interest. More than the trilateral form of government, built for mutual
check-and-balance, media stands afloat over all of them, for being the critic and the
reporter of the people against the government. They communicate information free from
discrimination and partiality to the public, for the latter to be aware and educated of the
recent events and opinions, to lead them in informed decisions on matters that will affect
their rights and privileges as citizens of this nation.
Article III. Section IV. No law shall be passed abridging the
freedom of speech, of expression or of the press… 2
Freedom of speech, of expression and of the press are rights from where the
media derives its uncompromising and impenetrable mantle of protection. However, the
world has been exposed of its pitfall, its malleability to be corrupted. Politics, business or
1
Art II. Section I 987 Constitution of the Republic of the Philippines
Art III. Section IV. 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 government for redress of grievances.
2
even professional careers, media perpetuates itself to be subject to corruption, bribery and
such other acts tending to be counter-productive and going against the same rights it
ought to uphold- freedom to express oneself.
In the guise of reporting true, fair and accurate accounts of public interest, Media
becomes a vessel to breed corruption and malfunction of the society. Under the protection
given by law to the preservation of the freedom of expression, Media is held free from
any liability criminal or civil, if they can argue themselves that their actions are under the
said wide-arching coverage. With the Birth of the Shield Law, media practitioners
became guns for hire. They were able to shoot down anyone anywhere, free from any
incriminating evidence, like a professional assassin. The law grants media full capability
with no liability. Media is held unaccountable and free from any form of liability for not
exposing sources of information where their news came from.
This thesis examines the applicability of SHIELD LAW as a means to perpetuate
graft and corruption in the broadcast media. It represents a rational basis for the
amendment of the SHIELD LAW in the hope of revitalizing the purpose for which media
was created in the first place- to be the medium of true, fair and accurate information
dissemination for the public to make informed decisions.
II. Introduction
A. Background
It has been said that the Philippines will always be known as one of the most
democratic societies in the world. But nowadays, we are known to be journalist killers,
media-whores or some other incriminating description, which is true, as depicted in
media today. It has become a market for anyone who has the bank account and the
stomach to digest any and all false notions. And, the media does this free of conscience
and liability.
Just in the recent 2010 National Elections, journalists, broadcasters and all other
media practitioners alike, have seen the profitable market by using the broadcast industry
to make or break the campaigns of any candidate. Sowing rumors in the form of
mistresses, ghost projects, corrupt and criminal pasts have been the common trend of
media practitioners in sowing dissatisfaction to the public, but, without fear of judicial or
legal reprisal, since they cannot be compelled to reveal sources of their information, by
inkoving the “newsman’s privilege” and the seemingly impenetrable freedom of speech,
of expression and of the press.
Media, under the guise of promoting fair, true and accurate information dissemination
is held free from liabilities in releasing information to the public. They may claim
allegations after allegations, creating an atmosphere of chaos and breeding seditious and
unlawful movements, without fear of being held accountable for their actions, through the
breadth of the protection given by law.
B. Statement of the Problem
Media, in itself, is pervasive, intrusive and over-arching, having its tentacles reach areas
not commonly covered by regular entities. The law, under the principle of the freedom of
speech, grants the media not only coverage but also an impenetrable protection from any
and all forms of affronts in the exercise of such right. The problem lies on the results, and
consequences, which are held, not accounted for since, such media personalities are held
free and non-accountable.
Its power is to inform the people of the facts in its raw form, but through the
excessive interference of the law, media is held free and conduct rampant escapades
leading to a mockery of rights they were built to protect. They become guns for hire and
are protected by the very law that it slowly but efficiently degrading.
This thesis seeks to determine and propose an amendment to the provisions of the
Shield Law.
C. Significance of the Study
Media ought to bring true, fair and accurate information to help the public make an
informed decision. Through the Shield Law, they perpetuate information without any
liability and accountability, since they are protected from revealing sources from which
their stories or accusations came.
They are given limitless powers to create a paradigm and create an atmosphere where
they can control the public. Such practice, constitute the undermining of the
constitutionally protected freedom of speech and of expression, which the media ought to
protect, rather than abuse.
D. Objective, Scope and Limitation of the Study
This thesis aims to explain how the media is abusing the applicability of the
provisions of SHIELD LAW, in the perpetuation of false, unethical and illegal media
practices as it undermines the constitutional freedom of speech and of expression, and the
mockery of the freedom of the press.
This thesis does not discuss nor attempt to discuss the implementation and
enforcement of the legislation of the law, nor the proposed amendment thereto.
This thesis focuses on the invocation of the newsman’s privilege as a guise to cover
up and perpetuate corruption and influence-peddling in society. It seeks to uncover the
imprudent imposition of the waiver of the public of its right to know, by having it out of
reach due to the privilege given by law, to such confidential information. The nonliability and accountability of newsmen in their affairs, renders the public powerless and
inutile to accept as true any information that media delivers to them.
This thesis focuses on how the media is prevented from revealing information
pertinent to public information, which undermines freedom of speech, expression and of
the press and the right of the people to know.
This thesis treats mass media in general, focusing on broadcast media. More importantly,
it is engaged in news-gathering and dissemination.
II.
Newsman’s Privilege
a. US Perspective
i. The primary role of the press in a democratic society , which is
protected broadly in the United States under the First Amendment,
is to fairly, truthfully and comprehensively report to citizens on
matters of public concern.3
b. Philippine Perspective
i. Section 24 Rule 130 of the Rules of Court
ii. Republic Act No. 53 as amended by Republic Act No. 1477
3
Clay Calvert, Victories for Privacy and Losses for Journalism? Five Privacy Controversies from 2004 and
their Policy implications for the Future of Reportage, 13 J.L. & POL’Y 649 (2005), p. 649
III.
Corruption in Philippine Mass Media
a. History and Development of Media Corruption in the Philippines
i. Since the 1950’s Media has been used by crooks and politicians
alike to wield public morale in their favor. 4
b. Effects of Media Corruption
i. Proximate Result
ii. End Result
c. Effects undertaken to curb the corrupt practices
i. Self-monitoring
ii. Code of Ethics
IV.
Penalizing corrupt practices undermining the freedom of Speech
a. Police Power
i. The right of the State to Regulate the exercise of the rights of the
Citizens, for public interest.
b. Bribery and corruption
i. Nature
ii. Bribery and Corruption in the Philippine Context
1. Media has evolved to be the “new-age” gun for hire of the
elite and powerful.
c. Bribery and Corruption in Mass Media
i. Limitation of Existing Laws
ii. Corrupt Practices
4
Florentino-Hofilena, Chay. News for sale: the Corruption and Commercialization of the Philippine Media
2004 Edition (2004)
iii. Characteristics of the Amendment to Republic Act No. 1477
otherwise known as “the Newsman’s Privilege”
d. Public interest affected by Mass Media
V.
Constitutional Implications
a. Freedom of Speech, of Expression and of the Press
i. Importance of the Freedom
1. Rights granted by the Constitution in the preservation of
the Democratic Society
ii. Limitations on the Freedom
1. Clear and Present Danger Rule
2. Dangerous Tendency
iii. Validity of the Proposed Legislation
1. Procedural Due Process
2. Substantive Due Process
b. Right of the People to Information
i. Importance of the right
1. The right to make informed decisions on matters affecting
their protected interests and rights
ii. Information vs. Free speech
iii. Actualizing the Right to Information
c. Right of the Mass Media vs. the Right of the Public
i. Self-Regulation and Protection Autonomy
ii. Autonomy and Public Debate
d. Equal Protection and Mass Media
VI.
Conclusion and Recommendations
a. Conclusion
b. Recommendation
c. Proposed Law
BIBLIOGRAPHY
I.
Primary Authority
A. Philippine Constitution
a. 1935 Constitution of the Philippines
b. 1973 Constitution of the Philippines
c. 1987 Constitution of the Philippines
B. Statutory Law
a. Administrative Code of 1987, E.O.297 (1987)
b. An Act to Ordain and Institute the Civil Code of the Philippines
R. A. No. 286. 18 June 1950
c. An Act Prescribing the Intellectual Property Code and
establishing the Intellectual Property Office, Providing for its
Power and Functions, and other Purpose (Intellectual Property
Code], R.A. 8293 (1997)
d. An Act Prohibiting Disclosure of or Inquiry into, Deposits with
any Banking Institution and Providing Penalty therefore [
Secrecy of Bank Deposits Act]. R.A. 1405, Sec 1 (1955)
e. Anti-Graft and Corrupt Practices Act. R. A. No. 3019. 17 August
1960
f. Civil Code of the Philippines. R. A. No. 386. 18 June 1949
g. Code of Conduct and Ethical Standards for Public Officials and
Employees. R. A. No. 6713. 20 February 1989
h. Electronic Communications Act of the Philippines, 1986
i.
Providing for the Organization of the Civil Service Commission
in Accordance with the Provisions of the Constitution,
Prescribing its Powers and Functions and for Other Purposes.
P.D. No. 807. 06 October 1975
j.
Revised Penal Code. Act. No. 3815. 01 January 1932
k. The New Central Bank Act, R. A. 7653 (1993)
C. Cases
a. Acop v. Ombudsman, G.R. No. 120442, September 27, 1995
b. Ayer Production v. Capulong, 160 SCRA 861 (1988)
c. Azarcon v. Sandiganbayan, 268 SCRA 747 (1997)
d. Benjamin v. Lacson, 88 SCRA 46, 51 (1979)
e. U.S. v. Torribio, 15 Phil 85 (1910)
f. Valmonte v. Belmonte, 170 SCRA 256 (1989)
g. Zulueta v. Ca. G.R. No. 107383. February 20, 1996.
D. Thesis
a. Aranas, Lucky T. PLUGGING THE HOLES OF CORRUPTION: A
Study on the effect of exempting public officers under
investigation from the coverage of secrecy of bank deposits
law (unpublished J.D, thesis, Ateneo de Manila University) (On
file with the Professional Schools Library, Ateneo de Manila
University)
b. Osias, Marvin. R. RA 4200-THE ANTI-WIRE TAPPING ACT IN
THE MIDST OF CHANGES IN MODERN COMMUNICATIONS
(unpublished J.D, thesis, Ateneo de Manila University) (On file
with the Professional Schools Library, Ateneo de Manila
University)
c. Bumatay, Sharon N. It’s my Life: The right to privacy in
Lifestyle Checks conducted by the Presidential Anti-Graft
Commission (unpublished J.D, thesis, Ateneo de Manila
University) (On file with the Professional Schools Library,
Ateneo de Manila University)
d. Agustin, Paulo Francisco A. I SPY TO YOUR “AYE”: Digital rights
management and the right to privacy-end user license
agreements as invalid waivers of consumer’s privacy and other
digital rights management concerns. (unpublished J.D, thesis,
Ateneo de Manila University) (On file with the Professional
Schools Library, Ateneo de Manila University)
II.
Secondary Authority
A. Books
i. BERNAS JOAQUIN G. THE 1987 CONSTITUTION OF THE
REPUBLIC OF THE PHILIPPINES: A COMMENTARY (1996)
ii. BERNAS JOAQUIN G. THE 1987 CONSTITUTION A REVIWERPRIMER (2010).
iii. BOADO, LEONOR D. NOTES AND CASES ON THE REVISED
PENAL CODE
B. Records
a. Records of the 1987 Constitution