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Thursday, April 22, 2004
Seares: Covering the judiciary - issues and concerns
By Pachico A. Seares
The view from here
Last April 16, the Supreme Court, through the Asian Institute of Journalism and Communication, held a seminar in Cebu City that took up (1) the issues and concerns in the news coverage of the judiciary and (2) the proposed court manual on judiciary-media relations.
This was the gist of the remarks I made at the seminar:
We appreciate the efforts of the judiciary, under the leadership of Supreme Court Chief Justice Hilario Davide Jr., to improve judiciary-media relations, particularly by formulating a disclosure policy that enhances access to information and transparency of transactions.
Media Responsibilities
We recognize the judi-ciary's role as an "independent, effective and efficient" branch of government and the responsibilities of media in helping the judiciary perform that role.
Those responsibilities include:
l Not to be wrong. Reporting factually and accurately decisions and rulings as well as comments issued by judges.
l Not to be irresponsible. Reporting and commenting on judicial proceedings with a sharpened sense of responsibility, knowing that the news story or commentary can have serious repercussions, including ruined reputations and erosion of people's faith in the judiciary.
l Not to be ignorant. The reporter, editor, or opinion maker must know basic procedures of the judiciary. Ignorance can hurt both the paper and the judicial system.
l Not to be partisan. Exercising balance and fairness in reporting so as not to unduly influence the court and sway public opinion on pending cases.
l Not to violate prohibitions. Knowing and respecting the rules against premature publication of decisions and rulings, disclosure of names of certain defendants and details of certain crimes, the gag law on facts connected with the private life of persons even if these are found in court documents, the law against inciting to sedition, the law against libel, and the like.
l Not to erode people's respect in the judiciary. These range from behavior in courtrooms to scurrilous news writing or commentary.
Media Wish List
We would like to see more judges who believe in and practice the vision
and mission of the Judiciary, that "the Judiciary is meant to serve the people through the dispensation of justice" and to do that "it must be fully accountable by remaining transparent" without violating its own requirement of confidentiality.
More specifically, we would like:
l Clearer rules from the judiciary on what can be done and what cannot be done by media. And consistency of their enforcement. An example is the rule on publication of the names of judges facing administrative complaints.
l Judges must not act like despots in the courtroom. While respect for the judge and order in the courtroom are important, behaving like a tyrant and treating everyone else in his sala as minions is boorish which disorients not only lawyers and witnesses but also journalists covering the proceeding.
l Judges' more prudent use of the power of contempt. There are some judges who confuse the court with the judge. The Supreme Court has made several warnings for judges to exercise the power of contempt with caution, to use it "sparingly on the preservative and not on the vindictive principle."
l Judges' recognition of the need for media to help expose ignorance and corruption in the judiciary. Judges need especially to realize that helping the judiciary rid itself of unfit judges will strengthen, instead of destroy, people's faith in the justice system.
l Judges' better understanding of the present mood and mechanics for public discussion of cases pending in court in connection with the "sub judice rule." Judges must learn to stay above the din of public debate that a case, especially if high-profile, can generate. They must trust more their capacity to decide a case based solely on the facts and the law.
l Judges' appreciation of the role of media. That means: Knowing how media works and what it needs to do their job, including the basics of reporting, editing and commenting. Learning the media process can result in judges' better handling of media and better understanding of its lapses and the ways to correct them.
Summing Up
Again, our appreciation to the judiciary for forums like this. In a smaller scale, local judges can talk with media on common problems affecting the work of both institutions. Or judge with reporters.
Reporters with judge. Access. Dialogue. Those are the key words.
We recognize our duty to obey the law and the rules in covering the judiciary, not the least of which is to uphold the dignity of the court and affirm its value in the justice system.
At the same time, we hope for a judiciary that also understands the job of media and helps it perform that job without resorting to judicial tyranny.
(April 22, 2004 issue)
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