Role And Function Of The GovernmentPresentation Transcript
Role and Function of the Government
Nurture Democratic media. Protect the right to freedom of expression. Promote ethics in journalists The right to freedom of expression is not absolute; both international lawandmost national constitutions recognise that it may be restricted. However, any limitations must remain within strictly defined parameters
Section 4 of Article III reads as follows: No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.
The Constitution also contains other provisions with implications for media and freedom of expression: Article IX-C on the Commission on Elections empowers the Commission to “supervise or regulate the enjoyment and utilisation of all franchises and permits for the operation of…media of communication… to ensure equal opportunity, time and space and the right to reply, including reasonable equal rates therefore, for public information campaigns and forums…”
The right to information is in fact a general principle, as mandated in Article II (Declaration of Principles): “… the state adopts and implements a policy of full public disclosure of all its transactions.” Says the Supreme Court on the right to information: …”the right to information… is meant to enhance the widening role of the citizenry in governmental decision-making as well as checking abuse in government.”
The Constitution of the Philippines, however, does not explicitly provide for restrictions to the right to freedom of expression. The only restrictiontothe rights to expression and information and press freedom isencapsulatedin the provision on the right to privacy. Article III, Section 3 of the Constitution states: (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise as prescribed by law. (2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.
FOR MOST OF THE POST- war period, newspapering was firmly in the hands of big businesspeople who were not shy about using their newspapers to push for legislative and policy changes, put down their rivals and promote their allies. Without much compunction, they used their publications to lash out against their enemies and fight their crusades.
Given the constitutional guarantee of a free press, it is very difficult for government to intervene in the way newspapers are run, except by filing charges in courtroom Ex. The libel case of Max Soliven and Luis Beltran