Tuesday, June 21st, 2011
CMFR/PHILIPPINES – The Philippine Supreme Court has partially granted the request of media and private complainants to allow live coverage of the trial of 196 persons including members of the Ampatuan clan for the November 23, 2009 murder of 58 persons, among whom 32 were journalists and media workers.
In a resolution penned by Justice Conchita Carpio Morales and promulgated 14 June 2011, the Supreme Court, sitting en banc, allowed pro hac vice (“for this occasion”) live radio and television coverage of the Ampatuan (Maguindanao) Massacre trial subject to guidelines it specified.
“[I]t is about time to craft a win-win situation that shall not compromise rights in the criminal administration of justice, sacrifice press freedom and allied rights, and interfere with the integrity, dignity and solemnity of judicial proceedings,” the resolution read. It explained that the guidelines, which are “not curtailment of a right, provides a workable solution to the concerns raised in these administrative matters, while, at the same time, maintaining the same underlying principles upheld in the two previous cases.”
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Tuesday, June 21st, 2011
1. The audio-visual recording of the Ampatuan massacre cases may be made both for documentary and for transmittal to live radio and television broadcasting.
2. Media entities must file with the trial court a letter of application, manifesting that they intend to broadcast the audio-visual recording of the proceedings…. No selective or partial coverage shall be allowed.
3. A single fixed compact camera shall be installed inconspicuously inside the courtroom to provide a single wide-angle full-view of the trial court.
4. The transmittal of the audio-visual recording from inside the courtroom to the media entities shall be conducted in such a way that the least physical disturbance shall be ensured.
5. The broadcasting of the proceedings for a particular day must be continuous and in its entirety, excepting such portions thereof where Sec. 21 of Rule 119 of the Rules of Court applies, and where the trial court excludes, upon motion, prospective witnesses from the courtroom, in instances where, inter alia, there are unresolved identification issues or there are issues which involve the security of the witnesses and the integrity of their testimony.
6. No commercial break or any other gap shall be allowed until the day’s proceedings are adjourned, except during recess called by the trial court.
7. The proceedings shall be broadcast without any voice-overs, except brief annotations of scenes depicted therein as may be necessary to explain them at the start or at the end of the scene.
8. No repeat airing of the audio-visual recording shall be allowed until after the finality of judgment, except brief footages and still images derived from or cartographic sketches of scenes based on the recording only for news purposes.
9. The original recording shall be deposited in the National Museum and the Records Management Archives Office.
10. The audio-visual recording of the proceedings shall be made under the supervision and control of the trial court.
Source: Supreme Court (En Banc) Resolution on A.M. No. 10-11-5-SC, A.M. No. 10-11-6-SC, and A.M. No. 10-11-7-SC, promulgated 14 June 2011
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