In their recent event, PBA Talks, the Philippine Bar Association raised the question of whether or not the government is ‘weaponizing’ the law against media. This is timely given the non-renewal of network giant ABS-CBN’s franchise, the conviction of noted journalist Maria Ressa of Rappler for cyber-libel, and the passing of the controversial and much-contested Anti-Terrorism Law.
At the core of this question is the importance of the rule of law, and the assumption that it is the law, not any one person or group of persons, that governs the land. A vital factor in this setup is the role of the press. The so-called fourth estate plays a great role in our democracy. Furthermore, mass media is tasked with communicating with both truth and fairness.
Both these points are essential in understanding the role the media plays. Beyond acting as a conduit for information, the freedom of press and expression allows for responsive governance by holding those in power accountable and ensuring transparency. A free press also facilitates the cultivation of an engaged and responsive citizenry.
All these work together to facilitate responsive governance, sustain the rule of law, and reinforce the principles of democracy.
To further understand the context of media in the Philippines, it was discussed that there is a tension between the press and the government, one that should be fruitful, but at present is not. This, in part, is due to the disparity of power, with the executive branch, in particular, having all the powers of the police and military at its disposal. Furthermore, there is the disturbing trend of abusing legally vested privileges, such as immunity from suit to take actions against the grain of commonly held principles and morals.
As emphasized in the event, “going legal” is no defense for wrongdoing. This context makes the Anti-Terrorism Law, conviction of Maria Ressa, and non-renewal of ABS-CBN’s franchise worrying. While they are legal decisions, the intent and effect of these actions may end up eroding the rule of law and democracy along with it. For democracy to flourish, law must not be used as an implement to rule, but instead be the common standard to which citizens and institutions are held.
Perhaps another, a recent SWS survey found that 51% of Filipinos think it is dangerous to publish anything critical about current administration. This fear speaks volumes about the actual state of the freedom of the Philippine press.
It is our hope at Democracy Watch Philippines that the present administration to take action in strengthening our democracy by safeguarding the freedoms of the press and expression, not only in law but also in its application and principle. This is fundamental in upholding the rule of law.
Paco A. Pangalangan
Lead Convenor, Democracy Watch Philipines
Executive Director, Stratbase ADR Institute