In the second district of Lanao del Norte, Abdullah Dimaporo, a candidate, succeeded in securing a Temporary Restraining Order (TRO) from the court against GMA television network’s “Imbestigador” over the airing of a segment in its program in which the story looked into the family’s six-decade rule in the province.
The court ruled that the material obtained by Imbestigador would malign Dimaporo’s name and would consist a “personal attack.”
Paraan said the denial of information has been happening at various levels despite the country’s commitment to international covenants respecting the right to information, including the Universal Declaration of Human Rights, the International Convention on Civil and Political Rights.
The Constitution has specific provisions on information as a right but there is no enabling law to give it more teeth.
In these instances, when they helped block the free access to information, the Comelec, the Supreme Court and the military contributed to a “closed environment” and sent a wrong signal.
Worse, Paraan noted little public reaction to these cases, except for the affected community. In some cases, some journalists and media groups took action.
Paraan said “political interest” is also a factor in the refusal to release information.
According to Paraan, the denial of information does not only affect journalists, hampering them from exercising their role as watchdogs in a democracy, but it also undermines democracy itself, Paraan said.
Malaluan said that the signing of the JPEPA draft agreement without public consultation, the Melo Commission report, the Davide report on electoral reforms only show how access to information is being blocked in the country.
He also noted the absence of a uniform, simple and speedy way for information to be released to the public; and in some instances, access to information remains “discretionary” among government agencies.
“Only the manner of examining records may be reasonably regulated but government agencies are without discretion in refusing public access to information,” he said.
“The law may exempt certain types of information from public scrutiny but the guarantee is not absolute,” Malaluan pointed out. “There are cases where public interest overrides the exemptions.”
ATIN members include Action for Economic Reforms, Asian Institute of Journalism and Communication, Ateneo Debate Society, CCJD, Center for Media Freedom and Responsibility, Lawyers’ League for Liberty (LIBERTAS), NUJP, Pagbabago at Pilipinas, Philippine Center for Investigative Journalism, Transparency and Accountability Network. (Cheryll D. Fiel/Davao Today)
