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imns


Editorial
Implied consent


Philippine Daily Inquirer
First Posted 00:41:00 05/26/2009

Filed Under: Wiretapping, Government offices & agencies, Media

About two weeks ago, Cecilia “Cheche” Lazaro, producer of Probe Productions, posted bail to avoid being arrested on a charge of violation of the Anti-Wiretapping Law. The suit, filed by Ella Valencerina, vice president for communications of the Government Service Insurance System, alleged that Lazaro recorded her conversation with her without asking for her permission.

The “Probe” episode of Nov. 12, 2008, “Perwisyong Benepisyo,” aired public school teachers’ complaints that the GSIS had unfairly reduced their retirement benefits by excluding the years when, through no fault of their own, no premiums were paid by their employers. Lazaro interviewed Valencerina on the phone to get the side of GSIS. She made it clear that she was recording the conversation “because we want this on record that we are calling—that’s the only purpose.” Valencerina continued talking even after Lazaro told her that the conversation was being recorded. From Lazaro’s account (and she has everything on tape), it appears that Valencerina knew and consented to the taping of their phone conversation. Thus, it could not have been, as Valencerina claims, “an unauthorized, unlawful and secret recording.”

Media leaders have called the case filed by Valencerina absurd, ridiculous and whimsical and violative of press freedom and the right to information. The GSIS, like other government organizations that are custodians of billions of pesos in public funds, should practice complete transparency and accountability on public issues like the GSIS premium-based policy which was the subject of the “Probe” program. Instead, they seek to prevent journalists from having access to information about these funds by filing harassment suits against them.

The charges against Lazaro’s 18 co-defendants have been dropped. Leaders of media and the academe have rightly described the suit as absurd, ridiculous and whimsical. We join them and the Philippine Press Institute in urging that the charge be dropped to avoid wasting the time of the court as well as that of the litigants.



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