Crisis: National

Court orders gov’t to reply to journalists’ petition
The Court of Appeals has summoned the government to answer the petition of media organizations and journalists seeking to prohibit the government, particularly executive-branch officials, from restraining media and intimidating journalists.

In a resolution dated April 7 and written by Associate Justice Bienvenido Reyes, the appellate court gave the government 10 days to reply.

More than a month ago, the National Telecommunications Commission (NTC) claimed it has the authority to revoke the franchise of broadcast networks or stations found to be airing “seditious” or “rebellious” commentaries or remarks.

Named respondents in the journalists’ petition were Executive Secretary Eduardo Ermita, Justice Secretary Raul M. Gonzalez, Philippine National Police Chief General Arturo Lomibao, and NTC Chair Ronald Solis.

Malacañang has not answered the petition yet as of this writing.

The petitioners include the Philippine Press Institute, the Center for Media Freedom and Responsibility, the Philippine Center for Investigative Journalism, Newsbreak magazine, Probe Productions, and the Center for Community Journalism and Development.

Mayor wants radio station suspended
An FM radio station in Kabacan, Cotabato, is facing suspension following the town mayor’s complaint of illegal operations.

In her complaint to the National Telecommunications Commission (NTC) dated March 31, Kabacan Mayor Luzviminda Tan claimed that 101.7 Hot FM illegally aired commentaries despite its modulation restriction. According to Tan, Hot FM is authorized to provide public assistance and play music, but not to function as a commercial radio station that can also air public affairs programs.

Station manager Ed Tinizo said the crux of the complaint has to do with Hot FM’s Barangayan, a hard-hitting public affairs program that was critical of the mayor. Tan, however, denied this allegation.

In a press release received by PJR Reports, the mayor said that she was just asking for documents that would show that the station’s operations are legal. “The issue is whether they are operating legally or not,” she said.

But Tinizo said the station had given the mayor copies of all the documents she had asked for. He said they could not give her the original copies of the documents because these were being kept by their operations manager.

Tan ordered the suspension of operations of Hot FM twice last month, on March 13 and the third week of March. Still, the station, owned by the Manila Broadcasting Co., continues to operate.

Manar said the incident has prompted the local press to form a small media organization in Cotabato that would function like a local unit of the Kapisanan ng mga Brodkaster sa Pilipinas.

Mike Arroyo sues Malaya editors
First Gentleman Mike Arroyo filed libel charges against Malaya publisher Amado Macasaet and business editor Rosario Galang for allegedly vilifying him.

The complaint arose from a column written by Macasaet in his newspaper’s July 9, 2004, issue. In that column Business Insight (“First couple’s idea of charity”), the publisher wrote of a member of the Presidential Security Group (PSG) who was suffering from brain cancer and confined at the V. Luna Medical Center.

Arroyo’s executive secretary reportedly promised to help the patient but the assistance never came. A request for help was made to the Philippine Charity Sweepstakes Office by a friend of Rowena Juno, sister of the PSG member, but this was turned down.

Eventually, the soldier received the promised aid.

In an article entitled, “Thank you, Mr. Arroyo” published July 13, 2004 in Malaya, Macasaet said his previous article seemed to have helped the PSG member get the attention of the First Gentleman.

Arroyo also filed a libel complaint against former senator Francisco Tatad and several Malaya editors for allegedly saying that he was involved in the reported election fraud in Mindanao.

Tribune seeks dismissal of sedition charge
Ninez Cacho-Olivares, editor in chief and publisher of The Daily Tribune, and two other columnists have asked the Department of Justice to dismiss charges of inciting to sedition filed against them by the Philippine National Police (PNP).

According to the April 11 issue of the Tribune, Olivares’s counsel Rene Saguisag described the charges as “cockamamie, petty and pathetic.”

A report by Malaya said Olivares demanded that the PNP Criminal Investigation and Detection Group (CIDG) return the materials allegedly taken from the Tribune.

The PNP-CIDG seized the materials during a raid on Feb. 25, during President Arroyo’s state of national emergency.

In the preliminary investigation on April 10, Saguisag said illegally obtained evidence cannot be used since the raid at the Tribune offices was conducted without a court order.

Solons pass bill protecting broadcast and online news sources
The House of Representatives has passed a bill that would exempt journalists in the broadcast industry, wire agencies, and the Internet from revealing the identities of confidential news sources.

Republic Act (RA) 53 or Sotto Law, enacted in 1946 and named after its author Sen. Vicente Sotto, gives publishers, editors, and/or authors of print publications the right to refuse to divulge the sources of their news and information.

A provision in that law, however, states that when national security is at stake, the courts or any congressional body can demand that the source be revealed.

House Bill 4835 extends the privilege given by RA 53 to print journalists by giving this as well to other media practitioners in the broadcast industry, news agencies, and the Internet.

The bill was principally authored by Deputy Speaker Raul del Mar and Reps. Gilbert Remulla, a former broadcast journalist, and Ernesto Nieva.

After the bill’s approval on third and final reading, it will be transmitted to the Senate for further action.

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