Notes on Press Freedom, Governance, and Culture of Impunity (Philippines)

Understanding Press Freedom

• Press freedom as the cornerstone of a democratic state. Without it, people are exposed to information controlled by those in power; media risk becoming government mouthpieces; basic freedoms like freedom of speech are compromised when press freedom is absent.
• Journalism should be analyzed to understand press freedom in practice. Key definitions:
  • McQuail (2013): journalism = the “construction and publication of accounts of contemporary events, persons or circumstances of public significance or interest, based on information acquired from reliable sources” (p. 14).
  • Kovach & Rosenstiel (2001): journalists share clear, enduring principles; principles ebb and flow but remain evident across time (as cited in the paper).
• CMFR Ethics Manual (2007) identifies five core principles of journalism practice:
  1. Truth-telling: factual and contextual accuracy; verify information, strive for completeness, proper attribution, and multi-sourcing (refer to several sources).
  2. Justice: fairness, balance, and objectivity; present all sides and avoid bias.
  3. Freedom: commitment to freedom to report and comment, defending the constitutional freedom, avoiding conflicts of interest, protecting freedom, and upholding citizens’ access to information.
  4. Humaneness: avoid unnecessary harm (e.g., naming a minor in crime stories, intruding on relatives’ grief, condemning before conviction).
  5. Stewardship: take care of entrusted information; respect others’ rights; recognize that irresponsibility can have harmful consequences for society.
• Press freedom and democracy: a consistent thread across analyses shows journalism supports democracy and nation-building; lack of press freedom harms journalistic work and public information flow.
• Historical note on “freest press in Asia”: despite the Philippines often being cited as very free, it has one of the world’s highest numbers of journalist killings, signaling a culture of impunity.
• Philosophical perspective: freedom of the press is connected to broader guarantees of free expression; Marx’s view is cited to argue for a free press as a cornerstone of a democratic society (as referenced via McQuail, 2013).
• Simon (2015) argues for universal protection of free expression rights, emphasizing that the line between journalists and non-journalists is blurring; journalism’s identity remains fluid and contested.

Understanding Governance

• Governance is analyzed through the lens of government policies affecting press freedom and the self-regulatory mechanisms of media organizations, tracing their development through history.
• Philippine constitutional framework:
  • 1987 Constitution, Article III (Bill of Rights): Freedom of the press is guaranteed; Section 4 prohibits laws abridging freedom of speech, expression, or the press, and the right to peaceably assemble and petition.
  • Section 7 provides for public access to information: the right to information on matters of public concern, access to official records and documents, subject to legal limitations.
  • These provisions align with Article 19 of the Universal Declaration of Human Rights (UDHR): freedom of opinion and expression; the right to seek, receive, and impart information through any media and regardless of frontiers.
• Philippine media and history:
  • Many journalism schools highlight the Philippines’ perceived freeness due to constitutional guarantees and laws like the Shield Law (source-text references to Ables, Malinao) that protect journalists’ sources.
  • Historical periods of censorship:
  • Spanish rule (1565–1898): absolute censorship.
  • American rule (1898–1946): dangerous tendency doctrine governed what could be deemed seditious speech.
  • Japanese occupation (1942–1945): total censorship of mass media.
  • Martial Law (1972–1986): freedom of expression curtailed in the name of national security.
  • Contemporary era: media-related laws (libel, obscenity) are used to harass and silence journalists; yet the Philippines continues to be described as among the freest press in Asia, highlighting a tension between constitutional guarantees and ongoing risks to journalism.

Understanding Culture of Impunity

• Impunity definition (UNOHCHR 2013/2012): the impossibility, de jure or de facto, of bringing perpetrators of violations to account; perpetrators go unpunished and unreproved across criminal, civil, administrative, or disciplinary avenues.
• Impunity as a professional concern for journalists: Lisosky & Henrischen (2011) report that journalists interviewed identify impunity as a major occupational risk, especially in contexts where governments are corrupt and fail to recognize the importance of a free press for democratic progress.
• UN Plan of Action on the Safety of Journalists and the Issue of Impunity (UNESCO, 2012): emphasizes the urgency of ending impunity to safeguard freedom of expression; argues that unresolved killings erode trust in justice systems and embolden attackers.
• UNESCO viewpoint on impunity: attacks on journalists that go unpunished send a negative message about reporting ‘embarrassing truths’ or ‘unwanted opinions’ and erode public confidence in the judiciary.
• Simon (2015): culture of impunity can only be defeated by ensuring that those who kill journalists face justice.
• Relationship to culture of resistance: impunity creates a chilling effect and fosters acquiescence; resistance movements may emerge through reform or revolution as counterforces to impunity.

Alarming Case of the Philippines

• International Day to End Impunity (started 2011): commemorated November 23 to remember the Ampatuan massacre (2009) in Maguindanao, where 58 people were killed, including 32 journalists and media workers.
  • The global response highlighted the prevalence of unresolved cases against those exercising free expression.
• Journalist killings (1992–2015): CPJ documented 77 Filipino journalists killed in the line of duty; CPJ’s methodology marks cases as “unconfirmed” when motives aren’t clear, continuing investigations.
• CMFR 2016 reaction to CPJ’s 2015 claim of no work-related killings in the Philippines for the first time since 2007: CMFR notes that 2015 saw nine journalist killings, with at least three likely work-related; this underscores ongoing impunity and law-and-order concerns.
• Implication: irrespective of motive, these killings indicate ongoing impunity and a weak rule of law in the Philippines.
• Table 1: Work-related killings by administration (CMFR vs CPJ):
  • Corazon C. Aquino (Feb 1986–Jun 1992): CMFR 21 (14.0%); CPJ data not provided in this row.
  • Fidel V. Ramos (Jul 1992–Jun 1998): CMFR 11 (7.3%); CPJ 6 (7.6%).
  • Joseph E. Estrada (Jul 1998–Jan 2001): CMFR 6 (4.0%); CPJ 3 (3.8%).
  • Gloria M. Arroyo (Jan 2001–Jun 2010): CMFR 82 (54.7%); CPJ 63 (79.7%).
  • Benigno S. Aquino III (Jul 2010–Dec 2015): CMFR 30 (20.0%); CPJ 7 (8.9%).
  • TOTAL: CMFR 150; CPJ 79 (1986–2015).
• CPJ Global Impunity Index 2015 (Philippines): ranked 4th worst offender globally, after Somalia, Iraq, and Syria; the Philippines is the only top-five country not affected by armed conflict or acute political instability.
  • Since Sept 2005, at least 44 journalist murders remained unsolved; seven unsolved murders occurred under the Aquino III administration.
  • Index methodology: rating = unsolved cases ÷ population; only countries with five or more unsolved cases are included.
• Table 2: CPJ Global Impunity Index 2015 (selected top nations):
  • Somalia: 30 unsolved; population 10.5 million; rating ≈ $rac{30}{10.5} = 2.857$
  • Iraq: 84 unsolved; population 34.8 million; rating ≈ $rac{84}{34.8} = 2.414$
  • Syria: 11 unsolved; population 22.2 million; rating ≈ $rac{11}{22.2} = 0.496$
  • Philippines: 44 unsolved; population 99.1 million; rating ≈ $rac{44}{99.1} = 0.444$
  • South Sudan: 5 unsolved; population 11.9 million; rating ≈ 0.420
  • Sri Lanka: 5 unsolved; population 20.6 million; rating ≈ 0.242
  • Afghanistan: 5 unsolved; population 31.6 million; rating ≈ 0.158
  • Mexico: 19 unsolved; population 125.4 million; rating ≈ 0.152
  • Pakistan: 22 unsolved; population 185.0 million; rating ≈ 0.119
  • Russia: 11 unsolved; population 143.8 million; rating ≈ 0.076
  • Brazil: 11 unsolved; population 206.1 million; rating ≈ 0.053
  • Bangladesh: 7 unsolved; population 159.1 million; rating ≈ 0.044
  • Nigeria: 5 unsolved; population 177.5 million; rating ≈ 0.028
  • India: 11 unsolved; population 1,295.0 million; rating ≈ 0.008

Framework for Understanding Press Freedom, Governance, and Impunity

• UN OHCHR 2012/2013 report (Impunity and the Rule of Law): advocate a comprehensive approach to fighting impunity within a framework that ensures rights to justice, truth, reparations, and guarantees of non-recurrence; this provides a framework for accountability in human rights violations.
• The author’s diagram (Figure 1) conceptualizes how culture of impunity permeates society and affects governance and press freedom. Key elements:
  • Two competing cultures within society: culture of impunity and culture of resistance.
  • The UN stance highlights that impunity has a chilling effect on society, including journalists (International Day to End Impunity notes in 2014).
  • Acquiescence and self-censorship: journalists may engage in self-censorship due to fear, creating an atmosphere of fear and docility.
  • Schatz (2008) describes how state acquiescence to extrajudicial killings fosters impunity and discourages reform.
  • Journalists in danger (JED) describe professionals limiting their output to avoid trouble; this is part of the chilling effect and suppression of information.
  • The culture of resistance can move in two directions: reform or revolution (McQuail, 2013, p. 73).
  • The dynamic: impunity normalizes harmful practices; resistance seeks to expose oppression and push for accountability.
• Protagonists and dynamics:
  • Victims of impunity and movers of resistance may be swayed between reform, revolution, fear, or apathy.
  • Journalists must not be neutral on issues of impunity; they should defend rights to gather news, express opinions, and disseminate information (Simon, 2015, p. 171).
  • The balance between objective reportage and advocacy for human rights is a recurring tension in journalism ethics and practice.

Implications, Ethics, and Practical Relevance

• Ethical implications:
  • The need to balance Truth-telling with Humaneness; avoid harm while pursuing accountability.
  • Journalists’ freedom must be protected, but professional obligations require fair, accurate, and responsible reporting.
• Philosophical implications:
  • The role of free expression in enabling democratic governance and social development.
  • The tension between state interests and press freedom, especially during crises or security concerns.
• Practical implications for governance and journalism:
  • Strengthening institutions to investigate and punish crimes against journalists and to provide reparations.
  • Encouraging self-regulation and robust legal protections for journalism (e.g., shield laws, robust libel reforms).
  • Encouraging international cooperation and action (UN, UNESCO, CPJ, CMFR) to monitor and reduce impunity.
• The Philippines as a case study:
  • Demonstrates the gap between constitutional protections and on-the-ground threats to journalists.
  • Shows how impunity can persist even in contexts widely perceived as relatively free for the press.

Conclusion

• The central thesis: the culture of resistance must prevail over the culture of impunity to achieve effective governance and a climate conducive to press freedom.
• Normative stance: journalists should not be neutral observers but advocates for human rights and basic freedoms, contributing to governance reform and safer journalism.
• The broader goal is to reduce impunity, restore trust in justice, and ensure a truly free press that supports informed public opinion and democratic governance.

Key Terms and Concepts (Glossary)

• Impunity: the inability to hold perpetrators of human rights abuses accountable; prevents redress and guarantees non-recurrence.
• Culture of Impunity: normalized fear and tolerance of violence against journalists; self-censorship and acquiescence.
• Culture of Resistance: active efforts by journalists and citizens to expose oppression and demand accountability, through reform or revolution.
• Shield Law: legal protection for journalists’ sources.
• Self-censorship: journalists limiting reporting due to fear of retribution.
• Chilling Effect: fear generated by coercive actions that suppress free expression and reporting.
• Global Impunity Index: CPJ metric measuring unsolved journalist murders relative to population; formula: $\text{Rating} = \frac{\text{Unsolved Cases}}{\text{Population}}$.
• Unsolved cases: journalist murders that remain unsolved; used to quantify impunity levels.
• Public access to information: legal framework guaranteeing citizens’ right to access official records.
• Article 19 UDHR: right to freedom of opinion and expression; freedom to seek, receive, and impart information through any media.

References (selected)

• Ables, H.A. (2003). Mass communication and Philippine society. UP Press.
• The 1987 Constitution of the Republic of the Philippines (1987).
• CMFR Ethics Manual (2007). A values approach to news media ethics.
• Kovach, B., & Rosenstiel, T. (2001). The Elements of Journalism: What Newspeople Should Know and the Public Should Expect.
• Lisosky, J. M., & Henrischen, J. (2011). War on words: Who will protect journalists?
• Malinao, A. L. (1997). Journalism for Filipinos.
• McQuail, D. (2013). Journalism and Society.
• Owens, K. (2014). Honduras: Journalism in the shadow of impunity.
• Teodoro, L. V., & Kabatay, R. V. (2006). Mass media laws and regulations in the Philippines.
• UNOHCHR (2013). Impunity and the Rule of Law: Combatting impunity and strengthening accountability, the rule of law and democratic society.
• UNESCO (2012). UN Plan of Action on the Safety of Journalists and the Issue of Impunity.
• CPJ (n.d.). Methodology.
• CPJ (2015). Getting Away with Murder: Impunity Index 2015.
• CMFR (2016). In the Philippines: Three journalists were killed for their work in 2015.
• Simon, J. (2015). The New Censorship: Inside the Global Battle for Media Freedom.
• The Ampatuan massacre (2009) case and the International Day to End Impunity (2011–).
• OHCHR (2012). Impunity and the Rule of Law (OHCHR Report 2012).
• IFJ (2016). Journalists and media staff killed 1990–2015: 25 years of contribution towards safer journalism.