Defendpressfreedom, Supreme Court Of The Philippines, Philippine Media, Press Freedom, Duterte Coverage Ban

Defendpressfreedom, Supreme Court Of The Philippines

Rappler urges Supreme Court: Rule that Duterte does not have power over media

As it argues that self-regulation is one of the fundamentals of a free press, Rappler asks: Can the President pick who's legitimate media and who is not? Can the President restrict access to public events?

21.1.2020

In what could be another crossroad for Filipino journalists, Rappler is asking the Supreme Court to rule that President Duterte – or the executive branch for that matter – has no power over the news media. DefendPressFreedom

As it argues that self-regulation is one of the fundamentals of a free press, Rappler asks: Can the President pick who's legitimate media and who is not? Can the President restrict access to public events?

Published 10:07 AM, January 21, 2020 Updated 11:32 AM, January 21, 2020 COVERAGE BAN. Reporters Pia Ranada, Mara Cepeda, Camille Elemia, Ralf Rivas and correspondents Bobby Lagsa and Raymon Dullana file a petition before the Supreme Court on April 11, 2019, asking it end Duterte's coverage ban on Rappler. Photo by LeAnne Jazul/Rappler MANILA, Philippines – In what could be another crossroad for Filipino journalists, Rappler is asking the Supreme Court to rule that President Rodrigo Duterte – or the executive branch for that matter – has no power over the news media. In asking the High Court to lift the nearly 2-year coverage ban against Rappler for events of President Duterte wherever he is here and abroad, the online news organization asked justices to clarify: Can the President pick who's legitimate media and who's not? Can he restrict access to public events? "The question posed by petitioners affects intersecting fundamental rights under the Constitution. Thus, the Honorable Court is duty-bound to demarcate clearer borderlines between the press and the executive branch," Rappler said in its response filed on Monday, January 20, to the Office of the President's comment on the original petition. Rappler insisted that a fundamental right of the free press is self-regulation."It is only the free press, not the executive branch, that has the power to say whether or not petitioners are legitimate journalists or not," said Rappler. The petition was filed against the Office of the President, Office of the Executive Secretary, Presidential Communications Operations Office, Media Accreditation and Relations Office and Presidential Security Group. The right to self-regulate The restoration of democracy after the 1986 EDSA People Power revolution and the passing of a new Constitution guaranteed a free press. It is the 1987 Constitution that guided the Supreme Court in deciding landmark press freedom cases. During the Arroyo presidency, for example, the Tribunal declared as unconstitutional the 2006 raid on the Tribune newspaper offices – an act that the Arroyo administration then defended as part of its mandate to prevent lawlessness under Presidential Proclamation No. 1017 David vs Arroyo ). In 2008, the Supreme Court also ruled as unconstitutional the press release of the National Telecommunications Commission warning against the publication of the"Hello, Garci" tapes that contained conversations between then-president Gloria Macapagal Arroyo and an elections commissioner over her votes in the 2004 presidential race. ( Chavez vs Gonzales ). In Rappler's press freedom case pending with the Supreme Court, the organization asserted:"Only the press can determine who the press are. It is not a press ID that makes one a journalist... An outright ban against members of the press from covering newsworthy public events involving the presence and participation of the Chief Executive is an infringement of the right of a free press." Malacañang said the ban did not violate the press' right to self-regulate because it is not an issue of press freedom. "This case has nothing to do with self-regulation and freedom of the press. Candidly, it is a case between respondents and petitioner Rappler alone as a corporation whose IPC accreditation and SEC registration have been revoked," said the Office of the Solicitor General on Malacañang's behalf. Rappler's license has not been revoked. In July 2018, the Court of Appeals remanded the Securities and Exchange Commission's (SEC) revocation order to the commission for reinvestigation. (READ: ) IPC accreditation Malacañang initally provided varying reasons for the coverage ban, before Duterte himself said he was banning Rappler for being"liars" and"fake news." Later, Malacañang said Rappler was banned because its accreditation by the International Press Center (IPC) was not renewed, following the SEC's shutdown order on Rappler. The IPC is under the Presidential Communications Operations Office (PCOO) that typically processes accreditations for foreign journalists coming to the Philippines. It's also the office that prints IDs for the Malacañang Press Corps (MPC). Malacañang said that IPC accreditation is needed"for special access" to presidential events. It cited Executive Orders No. 4 (2010) and 297 (1987), which were mainly orders on the reorganization of the press secretary's office in Malacañang. "Nothing in E.O. No. 297 provides legal basis for the conclusion being proffered by respondents, that is, that members of the press can be denied access to newsworthy events involving the Chief Executive held in venues open to the public if they are not properly accredited," said Rappler. Rappler said that using the"accreditation" argument is just a"pretextual justification" for the ban, and that the real reason is because Duterte merely said so. "As the ban was directed by the highest administrative officer of the executive branch, respondents, who are his subordinate officers, cannot be expected to disobey, much more countermand, the directive of the Chief Executive," said Rappler. Clear and present danger? Rappler raised the principles of strict scrutiny and clear and present danger. Strict scrutiny and clear and present danger are tests to assess if there is a compelling reason for the government to restrict free speech, such as a grave threat to national security. While Malacañang insisted that the ban did not restrict free speech, it also did not factor in the said principles. But Rappler went head and explained that its journalists do not classify as clear and present dangers. "The day that Democracy dies is the day when Government is permitted to consider dissent as a 'clear and present danger'," Rappler said. Journalists as intervenors Read more: Rappler

Here’s a timeline of Duterte’s and Malacañang officials’ evolving statements about Rappler’s Palace coverage:

Duterte accuses some cop officials in Cebu of having links to drugsCEBU CITY, Philippines — The problem on illegal drugs in Cebu has gone as far as police officials being involved in the narcotics trade. This was the revelation of President Rodrigo Duterte as he delivered a speech before thousands of Cebuanos at the Cebu City Sports Center (CCSC) grandstand during the Sinulog Grand Showdown on […]

Robredo: No legal obstacle to Rody-Sara tandem in 2022Vice President Leni Robredo sees no problem with the tandem of President Rodrigo Duterte and his daughter, Davao City Mayor Sara Duterte-Carpio, in the 2022 presidential elections. Her ambition is being announce in advance? by talking her possible adversary?

Rappler @rapplerdotcomPresident Duterte at the distribution of calamity assistance to Batangueños

Britain's Prince Harry and Meghan to give up royal titlesMuch of the British media interprets the ruling as the Queen's punishment for Prince Harry and wife Meghan, who both resigned from front-line royal duties.

Iran has not ruled out talks to end nuclear dispute, says officialDUBAI - Iran said on Monday that it had not closed the “door to negotiations” in efforts to resolve a dispute over its nuclear agreement with world powers that has escalated steadily since the United States withdrew from the deal in 2018.

Rage, fear in 'The Grudge' remake: An interview with 'Queen of Horror' Lin Shaye'Scream Queen' Lin Shaye talks to Rappler about how the horror genre has evolved and what fans can expect from the latest 'The Grudge' remake.



Velasco camp behind plot to oust him, Cayetano says

PH is 'model country' in fighting COVID-19 epidemic: Duque

Duterte formally bans vaping in public places

Bullied Australian boy to donate $475,000 to charity

Pope Francis to Catholics: For Lent, give up trolling

Maine as future Mrs. Atayde? ‘Of course,’ Arjo says

Just call me Harry, prince says as royal exit looms

Write Comment

Thank you for your comment.
Please try again later.

Latest News

News

21 January 2020, Tuesday News

Previous news

Limited facilities hinder SUCs from taking in Taal Volcano evacuees

Next news

NCAA: San Beda coach wishes Nelle well in La Salle
Hong Kong pets face coronavirus quarantine after dog tests positive WHO upgrades global risk of virus spread to highest level Mabagal na usad ng ABS-CBN franchise bills ipinagtataka ng ilang mambabatas WATCH: Gary Valenciano dedicates ‘Ililigtas Ka Niya’ to fellow ABS-CBN employees amid franchise issue WATCH: Gerald Anderson airs support for ABS-CBN franchise renewal Heart Evangelista goes topless as she sends body positivity message Panalangin para sa franchise renewal, idinaos sa ABS-CBN Compound Filipino coronavirus patient in Singapore discharged Nasa 900 ektarya ng kabundukan nasunog sa iba't ibang bahagi ng Benguet IN PHOTOS: Wearing ABS-CBN colors, stars join prayer rally for network’s franchise renewal Welding work on Skyway caused fire in Pandacan – San Miguel Philippine Airlines lays off 300 workers
Velasco camp behind plot to oust him, Cayetano says PH is 'model country' in fighting COVID-19 epidemic: Duque Duterte formally bans vaping in public places Bullied Australian boy to donate $475,000 to charity Pope Francis to Catholics: For Lent, give up trolling Maine as future Mrs. Atayde? ‘Of course,’ Arjo says Just call me Harry, prince says as royal exit looms Let's not be unfair to ABS-CBN, Cayetano says after Duterte accepts network's apology Anti-terrorism act may be used to target groups expressing dissent, says Hontiveros Sotto assures anti-terror bill can’t be used to ‘harass, silence’ gov’t critics 'ABS-CBN ang bumuhay sa akin': Solon emotional over potential ABS-CBN shutdown Bilang pasasalamat: Mga saging alay ng estudyante sa ulirang teacher