
Issue
Analysis No. 19
March 2006
Regulating Mass Media through Proclamation
1017
“A
cantankerous press, an obstinate press, an ubiquitous press must
be suffered by those in authority in order to preserve the even
greater values of freedom of expression and the right of the people
to know.” - Judge Murray Gurfein
Nothing
does more to obscure the purposes of Proclamation 1017 than the
government yarn that it was issued as instrument to crush the rebellion
of the extreme right and left. No doubt the immediate concern was
to disperse the EDSA I celebration which, Malacañang people
fear, would not only lead to a repeat of the call for GMA’s
resignation but could also lead to the AFP’s withdrawal of
support for the Commander-in-Chief. Accordingly the AFP had intelligence
reports of a plan by the leaders of the Marines and Scout Rangers
to join the EDSA I celebration.
Malacañang’s
true purpose for declaring a state of national emergency became
clear after Proclamation 1017 was lifted under American pressure,
especially when the GMA government continues to warn the public
that the police will still undertake warrantless arrest, carry out
prior censorship of the press and the National Telecommunications
Commission will continue to scrutinize radio and television networks
for breach of guidelines banning broadcast of “rebellious,
terrorist propaganda and statements that propose or incite treason,
rebellion or sedition.”
There is no doubt in the minds of the public that Proclamation 1017
was issued for purposes other than the declared objective of preventing
a “left-right” conspiracy “to bring down the government.”
Since much of the so-called factual basis about General Danilo Lim,
former head of the Scout Ranger, who was said to have conspired
with the CCP-NPA to bring down the government, has been proven incorrect.
Not only did General Lim deny the charge but Army Lt. Gen. Hermogenes
Esperon, Jr. has also cleared him “I repeat, I am not accusing
General Lim of having talked t the CPP central committee members.”
General Esperon, Jr. simply reflected that in the broader sphere
of power politics, General Lim’s actions “would have
benefited… the long-term enemies of the state, the Communist
Party of the Philippines and the New People’s Army.”
Most Filipinos wondered what kind of imagination had led the AFP
intelligence to confuse inference for conspiracy. But to convince
the Americans that the so-called conspiracy was real, the police
have been going all out after the left. It is a safe campaign since
US State Department will not likely intervene to protect the human
rights of the six Party List members, accused of rebellion.
Clearly Proclamation 1017 was intended to gag the opposition, the
Senate and all others from pressing GMA to give an honest account
on the “Hello Garci” scandal during the 2004 presidential
elections, graft and corruption involving the First Family, presidential
appointees charged with violating the trust of their high offices,
and her inability to address the economic issues such as unemployment,
stagnant wages and problems of poverty.
Proclamation 1017 had many parallels with Marcos’ Proclamation
1081, not only in its premises but also in its use as an instrument
of repression and terror. For most analysts, Proclamation 1017 was
a trial balloon, an experiment in martial rule. And despite the
fact that it was short-lived, GMA and her people have learned a
lot from a week of tyranny and compulsion.
It is clear that the power of the Arroyo government rests ultimately
on the forces of violence: the military and the police. But to give
her rule a semblance of a just system, she claims to have drawn
her powers from the Constitution. It appears too that one of the
obstacles to a smooth execution of martial rule is the press. Without
controlling the press, the government cannot stay on the offensive,
talk about the issues it wants to talk about, and blame the opposition
for being untruthful about electoral fraud, lying about the First
Family’s involvement in influence peddling and overstating
the case about the fertilizer scam.
The press accordingly is biased against her administration and has
even allowed the opposition as well as destabilizers to turn good
news about her administration into bad news. In GMA’s view,
even if she had done everything perfectly, she would still get a
bad press. But things could have worked out differently if the police
were deputized as the watchdogs of the press.
Unfortunately for GMA, the use of police as watchdogs has led to
their manhandling of the press. The press instead of being cowed
fought back and went on to challenge the constitutionality of Proclamation
1017, including General Orders 5 and 6. Indeed when palace chief
of staff Michael Defensor had asked ABS-CBN to stop live broadcast
of the standoff at Marine Headquarters at Fort Bonifacio, not only
was he ignored, but it led the two major television networks (ABS-CBN
and GMA 7) to present a united front at the Senate hearing on the
suppression of the media while Proclamation 1017 was in effect.
Many have been surprised by Malacañang’s move to gag
the press when it has its own arsenal of journalists, radio and
television commentators, not to speak of the political bigwigs who
appeared regularly on Channels 4 and 9 and at the same time get
themselves invited to the other major networks, to defend GMA and
voice their criticisms of the opposition.
This means that the extensive public relations apparatus assembled
by GMA’s spin-doctors on Channels 4, 9, 13 and in government
radio stations, not to speak of the ubiquitous presence of government
conduits in the major broadsheets, apologists in Channels 2, 5,
and 7 and their radio stations, who serve as transmission belts
for official government line of the moment have all failed to convince
the public to accept Malacañang’s “line of the
day.”
Anybody undertaking a content analysis, especially measuring the
air-time devoted in behalf of GMA, her programs and those of her
political allies, will notice immediately the disproportionate amount
of time given to Malacañang and its political allies compared
to their critics. Watching the recent proliferation of government
sponsored political discussions on Channels 4, 9, 13 and in government
radio stations, their press conferences, not to speak of the ubiquitous
presence of Secretary Ignacio Bunye and Presidential Chief of Staff
Mike Defensor in Channels 2, 7, and 5 and their radio stations.
Clearly the Arroyo administration dominates the airwaves. Unfortunately
not the way people think about her administration. Accordingly what
riled the Arroyo administration about the press was when she announced
that “the economy has taken off,” the press instead
of knocking off the climate of suffering and pessimism and root
for the declared recovery, surrounded the recovery with stories
about unemployment, stagnant wages, increasing number of poor going
hungry and graft and corruption in government bureaucracy.
Proclamation 1017, among other things, was an admission of defeat
by Malacañang in media propaganda, and therefore its spin-doctors
have arrived at the conclusion that they must use draconian measures
similar to those used during the martial law years such as the takeover
of privately owned newspapers as well as radio and television networks.
Obviously just neutralizing the opposition by drowning their damaging
stories with the government’s version was not enough.
Malacañang press statements and releases have long proven
to be figments of political imagination. Malacañang’s
so-called pro-people programs inspired neither enthusiasm nor hope
even among those who have actively participated in it and perhaps
still wish to do so.
But if Malacañang spin-doctors were good students of martial
rule, they would have learned that the key to good governance is
neither communications policy nor the use of repressive and terrorist
tactics but good policy that brings peace, prosperity and justice
to the majority of the people.
Cleary the Constitution and current realities will neither allow
GMA to muzzle journalists and broadcasters nor permit her to seize
control of the media. GMA may have crippled our democracy but it
is still a working democracy. This means that she cannot use Proclamation
1017 to pursue her personal agenda. She still has to explain what
are the legitimate purposes for curtailing speech and freedom of
the press. Regulations are meant to establish not mere order but,
rather, a certain kind of order, a just order for which martial
rule as anticipated in Proclamation 1081 is not.
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