Philippines: Supreme court rules that government warnings constituted prior restraint

CMFR/Philippines—The Supreme Court (SC) has ruled that threatening statements from the Justice secretary and the National Telecommunications Commission warning media not to air a wiretapped conversation between President Gloria Macapagal Arroyo and an elections commissioner constituted “impermissible forms of prior restraints on the right to free speech and press.”

The 38-page decision, written by SC Chief Justice Reynato Puno on 15 February 2008, “nullif(ied) the official statements made by respondents on June 8, and 11, 2005 warning the media on airing the alleged wiretapped conversation between the President and other personalities, for constituting unconstitutional prior restraint on the exercise of freedom of speech and of the press.”

“Issues revolving on their construct must be decided on a case to case basis, always based on the peculiar shapes and shadows of each case. But in cases where the challenged acts are patent invasions of a constitutionally protected right, we should be swift in striking them down as nullities per se. A blow too soon struck for press freedom is preferred than a blow too late,” the decision said.

On 2005, allegedly wiretapped mobile phone conversations between Arroyo and former Commission on Elections Commissioner Virgilo Garcillano were circulated in the Internet and through CDs. The conversations, which discussed the alleged rigging of the 2004 presidential elections in favor of Arroyo, also involved the alleged voices of other high-ranking government officials. The wiretapped conversations were then known as the “Hello, Garci tapes,” in reference to Arroyo’s initial address to Garcillano at the beginning of the conversation.

Shortly after the tapes were circulated, Justice Secretary Raul Gonzalez warned reporters that they could be held liable under the Anti-Wiretapping Act if they are found in possession of the tapes or if they air its contents. Gonzalez said that anybody in possession of the tapes could be arrested. Gonzalez also ordered the National Bureau of Investigation to investigate media organizations believed to have distributed, played, or printed the contents of the tapes.

The National Telecommunications Commission, the government body tasked to regulate the airwaves subsequently issued a press release which stated that “NTC gives fair warning to radio and television owners/operators to observe the anti-wiretapping law and pertinent circulars on program standards.”

Lawyer Francisco Chavez, former solicitor general, filed a suit asking the court to issue a temporary restraining order to prohibit Gonzalez and the NTC from further making similar statements and orders that may infringe on the public’s right to know.