High Court thinking ‘win-win’ in live coverage of Maguindanao massacre trial-SC spokesperson

MANILA, Philippines – The Supreme Court weighed the following factors in arriving at the decision to set strict guidelines for the live coverage of the Maguindanao massacre trial : advancement in information technology, the rights of the accused, press freedom, and the right of the public to information.

In an interview with Radyo Inquirer on Wednesday, High Court spokesperson Jose Midas Marquez stressed that the SC wanted a win –win solution that would cover the rights of the accused, as well as address the consolidated request of  the Philippines’ influential media networks, including President Bengino Aquino III, to allow the live media coverage of the celebrated trial.

“All these issues, including the rights of the accused, were weighed, that’s why the court came up with this compromise,” said Marquez.

One of the most ostensibly electrifying trials in Philippine history was cleared by the SC for live media airing on Tuesday.

The Supreme Court granted petitions seeking the live media coverage of the Maguindanao massacre trial, expressly noting in its announcement, that the court’s decision would only apply for the massacre trial alone.

The proceedings are being presided over by Quezon City Regional Trial Court Branch 221 Judge Jocelyn Solis-Reyes.

Violation of press freedom

Almost immediately, various media networks, including the legal counsel of the massacre victim’ family, raised a hue and cry over what they felt where the overly tight restrictions governing the trial coverage.

Maguindanao massacre prosecutor Harry Roque on Wednesday questioned the guidelines set by the Supreme Court regarding the live media coverage of court proceedings, saying these may violate the freedom of the press.

In an interview over the same radio station (Radyo Inquirer) , Roque, admitted that he and his clients were initially relieved that the high tribunal agreed to their petition for a live coverage, which they filed last January 2010.

However, Roque said that the SC guidelines would impose control as to what the media may or may not air, and it would be a violation of press freedom.

“Hindi naman pwede sabihin ng Korte Suprema kung ano ang dapat i-cover ng media [The Supreme Court should not dictate what the media should cover],” he declared.

The Supreme Court issued the ruling Tuesday allowing accredited media entities to air the live court proceedings against former Datu Unsay, Maguindanao Mayor Andal Ampatuan Jr.; former Maguindanao Governor Andal Ampatuan Sr.; former acting Maguindanao Governor Sajid Ampatuan; suspended Autonomous Region in Muslim Mindanao (ARMM) Governor Zaldy Ampatuan; Akmad Ampatuan; Anwar Ampatuan; and 196 others.

But Marquez, in a separate interview, quoted Associate Justice Conchita Carpio-Morales, who penned the 15-page resolution to grant live media coverage to the trial, saying that “a win-win situation should not compromise the rights in the criminal administration of justice, sacrifice press freedom, and allied rights, and interfere with the integrity, dignity and solemnity of judicial proceedings.”

Again, quoting Justice Carpio’s resolution, Marquez pointed out that technology per se, had always been neutral. “It is the use and regulation of technology that needs finetuning,” he said. “The SC thinks the law and technology can work to the advantage of the furtherance of the various rights of both the  accused and the victims, within the contours of defined guidelines.”

Marquez likewise took pains to reiterate the SC’s decision as being ‘pro hac vice (for this occasion)’, which means that it only applies to the Maguindanao massacre trial alone.

Queried on what awaits media organizations that violate the SC guidelines for live coverage, Marquez said “they may be cited in contempt by the Quezon City court, or may lose their permission to get live feed from the SC’s camera.”

“Violators of the guidelines most definitely could lose their accreditation to cover the proceedings, or may face contempt charges depending on the gravity of their violation,” he said.
Only one camera will be set-up inside the court from which all media outfits covering the proceedings will get their live feed, Marquez added. He added that those airing the trial need to broadcast all court proceedings.

“Hanggang katapusan. Kung halimbawa yung hearing tatagal ng isang taon o dalawang taon, dapat lahat ng hearing ibo-broadcast yun, (“Coverage has to be till the very end. If the hearing goes on for a year, or two, the proceedings should be broadcast in its entirety”),” Marquez said.

Below are the guidelines for the Maguindanao Massacre Trial media coverage:

1.    The audio-visual recording may be made both for documentary purposes and for transmittal to live radio and television broadcasting;
2. Media entities must file with the trial court a letter of application manifesting that they intend to broadcast the audio-visual recording of the proceedings and that they have the necessary technological equipment and technical plan to carry out the same with an undertaking that they will faithfully comply with the guidelines and regulation and cover the entire remaining proceedings until promulgation of judgment.
3. No selective or partial coverage shall be allowed.
4. No media entity shall be allowed to broadcast the proceedings without an application duly approved by the trial court.
5. There will be a single camera stationed inside the courtroom and all the other cameras will take its live feed from that camera so that SC-PIO will be putting a camera inside the courtroom and all other station whether TV or radio will be getting their live feed.
6. The broadcasting of the proceedings for a particular day must be continuous in its entirety excepting such portions where the Rules of Court excludes broadcast.
7. To provide a faithful and complete broadcast of the proceedings, no commercial break or any other gap shall be allowed until the day’s proceedings are adjourned except during period of recess called by the trial court and during portions of the proceedings where the public is ordered is excluded.
8. The proceedings shall be broadcast without any voiceovers except brief annotations of scenes, depicted therein as may be necessary to explain them at the start or at the end of the feeds.
9. No repeat airing of the proceedings shall be allowed except after the finality of judgment except brief footages and still images, cartographic sketches derived from the recording only for news purposes.

Bid for live coverage

The National Union of Journalist of the Philippines, ABS-CBN, and GMA Network had challenged two earlier rulings of the SC denying the request to air the court proceedings, saying these violate the right to information and freedom of the press.

Included among the petitioners were representatives of television networks GMA and ABS-CBN and 50 other media practitioners and representatives from the academe.

The petition was consolidated with President Aquino’s letter-request to Chief Justice Renato Corona where the President also asked for the live broadcast of the trial.

President Aquino said in his letter-request that the trial must be conducted “in full public view” to show that “justice can and will be dispensed without fear or favor and in the full light of day.”

Sigfrid Fortun, legal counsel for Andal Sr. and Andal Jr., objected to the idea of live coverage, arguing that it would be tantamount to a “trial by publicity.”

A total of 198 individuals have been accused of involvement in the killing of 57 people in Ampatuan town in Maguindanao on Nov. 23, 2009, a crime that sent shock waves around the world.

Among those accused are members of the powerful Ampatuan clan, including its patriarch Andal Ampatuan Sr., a former Maguindanao governor; his sons Andal Jr., former Datu Unsay town mayor; Sajid, former officer-in-charge of the province; and Zaldy, suspended governor of the Autonomous Region in Muslim Mindanao (ARMM).

Among those killed, in what is considered the worst case of political violence in the country, were 32 journalists and relatives and supporters of current Maguindanao Governor Esmael “Toto” Mangudadatu. The entourage had been on their way to the provincial capitol to file Mangudadatu’s certificate of candidacy.

The massacre was also the greatest number of slain journalists ever recorded in a single day.