Everyday, from televisions, newspapers, tabloids and radio stations, we acquire information on government anomalies i.e. corruption, bribery, malversation of public funds, plunder, and the like. Every single day, there is an article published attacking the government; media personnel reporting on the anomalies done by Mr. or Ms. Government Official. So far, there is no news of a writer or publisher being charged with and actually convicted with and to suffer the penalties of the crimes of Libel, Defamation or Inciting to Rebellion or insurrection, or Unlawful use of means of publication and unlawful utterances.
WikiLeaks.org is a website that promotes transparency of governments around the globe. Transparency through the revelations of published articles sent by the contributors. Taken from the website verbatim, it’s objectives and purpose are:
“WikiLeaks is a not-for-profit media organisation. Our goal is to bring important news and information to the public. We provide an innovative, secure and anonymous way for sources to leak information to our journalists (our electronic drop box). One of our most important activities is to publish original source material alongside our news stories so readers and historians alike can see evidence of the truth. We are a young organisation that has grown very quickly, relying on a network of dedicated volunteers around the globe…”
“The power of principled leaking to call governments, corporations and institutions to account is amply demonstrated through recent history. The public scrutiny of otherwise unaccountable and secretive institutions forces them to consider the ethical implications of their actions. Which official will chance a secret, corrupt transaction when the public is likely to find out? What repressive plan will be carried out when it is revealed to the citizenry, not just of its own country, but the world? When the risks of embarrassment and discovery increase, the tables are turned against conspiracy, corruption, exploitation and oppression. Open government answers injustice rather than causing it. Open government exposes and undoes corruption. Open governance is the most effective method of promoting good governance.” (http://wikileaks.org/About.html)
Now, do you think this would be allowed here in the Philippines? Can we create our own WikiLeaks.org and publish certain government anomalies in this website? I think YES. Definitely. We can create such website. BUT soon enough, charges left and right will be thrown to the creators of this site and maybe, just maybe…this would probably increase the mortality rate of journalists. Cause of death: UNKOWN. And one day, the site can no longer be found.
Article III, Section 4 of the 1987 Constitution provides that No law shall be passed abridging the freedom of speech, of expression, or the press, or the right of the people peaceably to assemble and petition the government for redress of grievances. However, this freedom of speech and expression is not absolute and does not apply to all kinds of speeches and expressions. It must be strictly applied and interpreted. There are specific provisions of the law the prohibits defamatory words, or words that may incite violence or riots amongst the people, or words or written expressions that are obscene or lewd. The Revised Penal Code penalizes the crimes of Libel (Article 353), Defamation (Article 358), Unlawful use of means of publication and unlawful utterances (Article 154) and Inciting to rebellion or insurrection (Article 138).
If we are going to create a website like WikiLeaks.org, it is actually no different from the news articles and news clips published in the newspapers or aired on national television. It still falls under the law on freedom of speech and expression under Article III, Section 4 of the 1987 Constitution. The only difference is, it would probably be more raw and unedited as compared to newspaper articles and news clips.
The government and its representatives are and will be the subjects of scrutiny no matter how private they want their lives and actions to be. That is accountability and transparency. People have the right to know about their actions because it is the people that will be greatly affected by these actions.
Yes, this can be created. The creators of the site cannot be charged with libel nor oral defamation, neither can they be charged with Article 154 nor Article 138 of the RPC. If so, then ABS-CBN, GMA, ANC, TV5 and other news networks, and Inquirer, Star, etcetera should be charged with these crimes as well.
WikiLeaks.org Pinoy version should limit the anomalies to actions that have direct relation to the government functions or offices of the tortfeasor. If the site publishes articles that do not in any way have relation to the government or is not of national interest and involves the private lives of the subjects, then by all means, this site should not be allowed.
Yes, we can definitely create this kind of site. BUT we must be very very brave and courageous enough to stand all sorts of threats to our lives. In this kind of situation, it is not the law that we must fear but the people behind the government itself.
References:
WikiLeaks.org: http://wikileaks.org/
Article III: Bill of Rights, 1987 Philippine Constituion
Revised Penal Code Book Two
Freedom of Expression and the Media:
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