The proposed Magna Carta for Journalists filed in the Senate as Senate Bill 380 by Sen. Jinggoy Estrada is unconstitutional, impractical and unnecessary.
Court of Appeals Justice Gabriel Inglis said the bill is clearly meant to hamper press freedom as it limits the media from fulfilling its “solemn obligation to be the voice of the people on how government is ran.”
Inglis presented his critique on SB 380 during the quarterly meeting of the Cebu Citizen’s Press Council yesterday.
Quoting from Justice Malcolm in the classic United States vs Bustos, a 1918 case that provided one of the earliest jurisprudence on press freedom, Inglis said the free press is the “most pervasive and perhaps the most powerful vehicle of opinion on public questions.”
Justice Malcolm also wrote that “without a vigilant press, the mistakes of every administration would go uncorrected and unexposed.”
The proposed law, Inglis said, is unnecessary because there are already limits to free expression through the rules on obscenity and libel.
unconstitutional
The provision of the proposed law to create the Philippine Council for Journalists (PJC), which shall be composed of the National Press Club, Philippine Press Institute, Kapisanan ng mga Brodkaster ng Pilipinas, Press Photographers of the Philippines, Manila Overseas Press Club, National Union of Journalists of the Philippines, Publishers Association of the Philippines, Inc., and the Federation of Provincial Press Clubs, is unconstitutional.
The proposed law would mandate the PJC to produce a database or directory of accredited journalists from both print and broadcast media to be updated regularly; accredit journalists; and conduct seminars, trainings and other related activities.
The eight organizations, Inglis said are private organizations and imposing public duties on them to regulate the media, violates the right to association, which covers the right not to join an association.
The Cebu Media Legal Aid (Cemla) on the other hand said that the provisions proposed in SB 380 violate the Bill of Rights.
Article 3, Section 4 of the 1987 Constitution provides that “No law shall be passed abridging the freedom of speech or expression or of the press or the right of the people to peaceably assemble and petition government for redress of grievances.
Senate Bill 380 will require journalists to pass the Professional Journalists Examination in order to receive benefits from government. It will also classify those who do not pass the exam as “second-class workers.”
According to Elias Espinosa, chairman of Cemla, singling out journalists out of several workers and employees violates the equal protection clause of the Constitution.
“Why should journalists be deemed a special sector? Journalists don’t want special treatment,” Cemla said in a statement presented in the CCPC quarterly meeting yesterday.
Inglis said interference in the operations of the media “would tend to destroy the press’ credibility, causing it to lose its meaning as the voice of the people and government watchdog.”
The proposed Magna Carta for Journalists “doesn’t create rights; on the contrary, it tries to impinge on free press and free speech. Media cannot be muzzled by government under the guise of improving its skills and increasing benefits. Leave media alone,” Cemla’s statement concluded.
SB 380 has been referred to the Senate Committee on Public Information and Mass Media.
CCPC executive director Pacheco Seares said they would consider the points raised yesterday in crafting the groups position on the issue.