Escolar Documentos
Profissional Documentos
Cultura Documentos
PUNO, J.:
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17
Smith, supra.
285
April 24, 2001, the same request for live media coverage
was made by a group of businessmen led by Atty. Ricardo
Romulo of the Makati Business Club.
On April 30, 2001, Presiding Justice Garchitorena
submitted his Comment. He informed the Court that he
sought the opinion of the other members of the
Sandiganbayan. He stated that six (6) of the Justices of the
Sandiganbayan were against the radioTV coverage while
eight (8) were in favor. He submitted their varying views for
the consideration of this Court.
On May 4, 2001, the Court required former President
Estrada to comment on the petition of the Secretary of
Justice. On May 21, 2001 former President Estrada, thru
counsel, opposed the petition for live radioTV coverage of
his trials in the Sandiganbayan. He cited the need to
preserve the rule of law and warned that radio and
television as media can be easily manipulated for
propaganda purposes. He alleged that the communicative
effect of live TV and radio coverage is much greater than
print coverage and the freedom of television and radio
broadcasting is somewhat lesser in scope than the freedom
accorded in newspaper and print media. The opposition
was fortified by a Supplemental Comment filed on May 30,
2001.
The Courts en banc resolution of October 22, 1991
absolutely prohibits live TV and radio coverage of court
hearings. Its rationale is explained, thus:
286
inadvertently can destroy an accused and his case in the eyes of the public.
287
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1
381 US 532 (1965).
2
Id. at 544.
288
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3
Colorado was the first state to allow televised trial after Estes
4
449 US 560 (1981).
5
Id. at 578579.
6
Id. at 574575.
289
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7
427 US 539 (1976).
8
Id. at 562.
9
Id. at 554.
10
Id. at 555.
11
448 US 555 (1980).
290
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12
Id. at 571.
13
Id. at 581.
14
457 US 596 (1982).
15
Id. at 605.
16
Id. at 606.
291
VOL. 360, JUNE 29, 2001 291
Re: Request RadioTV Coverage of the Trial in the
Sandiganbayan of the Plunder Cases Against the
Former President Joseph E. Estrada
courtroom and restrictions on movement of personnel and
equipment.17 More progress in audiovisual technology can
be expected in the immediate future and this objection that
TV cameras in the courtroom will create chaos in judicial
proceedings will just be a part of the museum of history. 18
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17
See Md. R. Ct. Admin. 1209, Md. Ann. Code (1985).
18
See In re Hearings Concerning Canon 35, 296 P.2d 465, 468 (Colo.
1956) where following demonstrations of camera equipment, the Court held
that prohibition of cameras in the courtroom is no longer required to
maintain dignity and decorum.
19
Except Colorado.
20
See McCall, Cameras in the Criminal Courtroom: A Sixth
Amendment Analysis, Vol. 85 Col. Law Rev, 1546, 1549 (1985).
21
Lassiter, TV or Not TVThat is the Question, The Journal of
Criminal Law and Criminology, 928, 1940 Vol. 86, No. 3 (1996).
292
The value of openness lies in the fact that people not actually
attending trials can have confidence that standards of fairness
are being observed the sure knowledge that anyone is free to
attend gives assurance
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of the States iiii (1994). Federal courts, however, have maintained the ban. Rule 53
of the Federal Rules of Criminal Procedure, provides that the taking of photographs
judicial proceedings from the courtroom shall not be permitted by the court.
23 Cameras in Court, Judge Lets the Light Shine In, Syracuse HeraldJournal,
24 Statistics show that as of 1985, television was the principal source of news for
64% of the American public and the sole source of news for nearly half of the
25 Lassiter, op cit., p. 959 citing among others Reimer, supra, Krigier, The 13th
Juror: Electronic Medias Struggle to Enter State and Federal Courtrooms, 3 Comm.
Law Conspectus 71 (1995) Lively, Modern Media and the First Amendment:
Rediscovering Freedom of the Press, 67 Wash. L. Rev. 599 (1992) Katsh, The First
Amendment and Technological Change: The New Media Have a Message, 57 Geo
Wash L Rev 1459 (1989) Frank, Cameras in the Courtroom: A First Amendment
Right of Access, T.V., 9 Hasting Comm. and Ent. L.J. 749 (1987) Gardner, Cameras
in the Courtroom: Guidelines for State Criminal Trials, 84 Mich L Rev. 475 (1985).
26 478 US 1 (1984).
293
supplied)
27 Op cit. at 571572.
28 Reimer, supra, at p. 1299.
29 Gardner, supra, at p. 493.
294
294 SUPREME COURT REPORTS ANNOTATED
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30
Op cit. at p. 572. This is an echo of Justice Clarks opinion in Estes
that television is capable of performing an educational function by
acquainting the public with the judicial process in action. Estes, supra at
p. 589.
31
Lassier, op cit. at p. 963.
32
Ibid., pp. 964965.
295
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33
384 US 333, 350 (1966).
296
297
Epilogue
298