By Reynard Magtoto
Media groups are outraged over the pressing of charges against a local journalist in Camarines Sur. Considered a first in the history of Philippine media, RA 10173 or the Data Privacy Act of 2012 was used by Iriga City police to press charges against a police beat reporter.
Local reporter Jose Rizal “Joeriz” Pajares of Radyo Natin Iriga City was arrested on August 2 after trying to access police blotters to search for news reports. He was detained for three days and was released after posting bail amounting to PHP10,000.
“What I felt there for three days was hunger,” Joeriz said, recounting how he had no appetite while in detention, even when he was given food. He also recalled how unsanitary his conditions were while in jail, as wore the same underwear and used his shirt as a towel for three days.
PNP Iriga Chief of Police PLTCOL Ralph Jason Oida was the officer who made the accusation against Joeriz for allegedly violating Section 29 of the Data Privacy Act. The NUJP Albay Chapter called this an abuse of authority and expressed its solidarity with Joeriz.
Media groups such as the National Union of Journalists of the Philippines (NUJP), the Kapisanan ng mga Brodkaster ng Pilipinas (KBP) Camarines Sur chapter, the Bicol Press Club, and other organizations have condemned the charges and detention against Joeriz. They underscored that the Data Privacy Act of 2012 itself clearly states that the law is inapplicable for journalist purposes — precisely to uphold the right to information and press freedom.
NUJP Albay adds, “The press releases from PNP Iriga and PNP-PRO5 reveal that the authority is not familiar with the implementing rules and regulations of the Data Privacy Act.”
Under the Data Privacy Act, the law is not applicable for personal information processed for the purpose of journalism. The scope of Data Privacy Act stated under Section 4 excludes personal information processes for journalistic, artistic, literary, or research purposes.
The police blotter, which is a public document as admitted by the statements of the police, is commonly placed in the front desk and is ready for perusal by members of the public, according to NUJP Albay.
“It is a primary source of news being disseminated to the public,” NUJP Albay stated. “Restrictions to the media in accessing this public document curtails constitutional rights and freedom of the press.”
The freedom of the press and the right to information are fundamental pillars of a democratic society, according to KBP Camarines Sur Chapter.
“As media practitioners, it is vital that we are able to access information relevant to our work in an ethical and lawful manner. Criminalizing the act of a journalist browsing through public records undermines these principles and sets a dangerous precedent for press freedom,” KBP CamSur Chair Maria Fe Mariscal said.
“Attempts to intimidate or suppress the media through unwanted, unjust and oppressive action by way of filing malicious and baseless cases only serve to weaken our democracy,” Mariscal added.
KBP CamSur hopes that the incident will be rectified, and that media professionals will have freedom to continue their work without fear of unjust persecution.
As they demand justice for Joeriz, KBP CamSur and NUJP Albay urge authorities to thoroughly review the case of Joeriz in order to ensure that the rights and freedom of media practitioners are upheld.
NUJP Albay is calling on the Data Privacy Commission to investigate how the PNP Iriga implemented the law. The group also urges the police authorities to re-examine their policy regarding access to the blotter book in relation to the provisions of the said law.
COP Oida was relieved in his post, August 11. He was replaced by PMAJ Jabesh Nicolas Napolis as the new Officer-In-Charge of Iriga CPS.
