Anything under the Sun
Media issue of the day
During the awarding rites for Pinoy Icon last Independence Day at SM City Iloilo, this writer who was the awardee for media category was asked what is the foremost media issue of the day. This is my answer:
Freedom of speech and of the press is a God-given right–given at the very moment man was created. It antedates any government. Our Constitution does not grant this right to us. It merely guarantees it by providing that “No law shall be passed abridging the freedom of speech or of the press.”
But just like any other right, speech and press freedom is not absolute. It does not include shouting “fire” in a crowded theater, according to Justice Oliver Wendell Holmes. Thus, it should not be used as an instrument to assassinate the character of others nor to defame them. Otherwise, the speaker or writer shall be subject to libel laws.
Nor this freedom shall be used to subvert or destroy the very existence of the State. Otherwise, the speaker or writer shall be subject to anti-subversion and anti-rebellion laws. These restraints are exercised by the State thru its police power.
The specific issue at present is therefore: Shall the citizen enjoy a greater degree of freedom of the press or shall the State have more powers to restrain this freedom?
This issue is simply a part of the greater on-going conflict between the citizen and the State. According to Rosseau, in the very beginning man — in a state of nature — had absolute freedom. But as the States were created, man began to surrender some of these rights to the State. So, there prevailed an ever-present conflict where the citizen wants to retain more of these rights and the State wants to grab more of the same.
Philippine experience on this issue has shown that the pendulum swings back and forth depending on the exigencies of the times. At times, there were greater freedom. At some times, there were greater restraints. Under normal times, there must be greater citizen freedom. Under emergency period, there must be greater State restraint such as during martial law.
At present, we are in the gray area — not so normal because of peace and order situation nor in an emergency because our citizens can still exercise their freedom — freedom to travel, work for a living, to go to school, to vote, to enjoy in the recreational houses, etc.
Of course, this freedom is still subject to its traditional restraints — libel laws, anti-subversion laws and anti-rebellion laws because emergency or no emergency, these limitations must still be there to preserve the existence of the State.
