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TO GUARD AGAINST PRIOR RESTRAINT Philippine Senate, May 30, 2005  Posted: August 6th, 2008 @ 12:35am As a Member of this Body, it is incumbent upon this Representation to serve not only as a duly elected legislator but also to see to it that our basic tenets of freedom and justice are preserved, thereby ensuring the Filipino way of life I speak of the alleged aborted attempt by the Movie and Television Review and Classification Board or the MTRCB to infringe upon one of the country’s cherished and guaranteed basic rights - freedom of speech and of the press. Last May 17, 2005, the MTRCB issued Memorandum Circular No. 07-05 which sought to require networks to submit for its review certain television programs prior to telecast. The infamous memorandum is hereby quoted as follows: “We wish to inform you all of the Decision of the Third Division of the Supreme Court dated January 17,2005, that public affairs programs, news documentaries, socio-political editorials, and all other programs of the same category, are television programs that are subject to MTRCB review and approval in accordance with Section 3 of Presidential Decree 1986. In view of this, please be advised to submit materials of the aforementioned television programs to the Board for review and approval prior to telecast, effective immediately.” What caught my eye is that this infamous memorandum required networks to submit for review and approval programs prior to telecast. This requirement, in my humble opinion, goes against the very tenor of the constitutional guarantee which states that, “No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.” As could be expected in any democracy, this infamous memorandum was met not only with indignation but with outright protest from various sectors. Political leaders from opposite sides of the fence unanimously deplored this blatant attempt at censoring freedom. Faced with an onslaught of protests, the media reported yesterday that the MTRCB Chair had “modified her May -17 order” which now states that the Board will only conduct a review of these programs after they have been aired and only under certain conditions. Although many would say that this issue is now moot and academic, I believe that we must not conveniently brush this issue aside but invite scrutiny since this issue touches the very cornerstone of our way of life. In my humble observation, this attempt at prior restraint by a government agency hints of how far this current administration is willing to go so as to protect its image domestically and internationally. Our basic freedom should not be curtailed just so the party in power can resort to cosmetic attempt to salvage its very sagging image. I am very thankful that this blatant attempt did not escape the ever-watchful eyes of our countrymen. For the first time in months, since the present dispensation has spawned divisiveness in our society, we saw people united against a threat to our basic freedom. We saw people from every stratum of society regardless of party affiliation uniting as one voice in denouncing this vile and vicious attempt to stifle our individuality. Yet the question that lingers in my mind is: “What would have happened if the MTRCB did not modify its original memorandum and no one dared to question this directive?” To my mind, we would have a society where everyone would think the same. We would have a society where one would think twice before inviting debate regarding a particular issue and if such debate does take place, there would only be one side to such debate; a society where individual thought would have to be suppressed in deference to the state and its official policy; a society where human beings would no longer be citizens but rather become automatons chanting the state slogan. If this is the portent of things to come then I say there is really cause for alarm. The MTRCB attempt at prior restraint may have been aborted but the stifling of freedom comes in many forms - there are many ways to skin a cat, so to speak. In closing, I congratulate the brave men and women of this country for standing up and going beyond party affiliations to denounce this blatant attack on our basic right and I exhort everyone to keep a watchful vigil lest our basic right is stolen from right beneath our eyes. - - 0 - - |
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Copyright © 2008 Senate President Pro Tempore Jinggoy Ejercito Estrada
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