Freedom of the press is one of the fundamental pillars of democracy. This freedom is constitutionally guaranteed, allowing the media to report and publish information without prior restraint from the government. However, this right is not absolute. When press freedom collides with the rights of Persons Deprived of Liberty (PDL), certain limitations must be observed to protect human dignity, institutional or facility security, and due process.
Within the Bureau of Jail Management and Penology (BJMP), media-related activities are governed by policies designed to strike a balance between transparency and security, as well as between public accountability and human rights protection – presumption of innocence on the part of the PDL.
Constitutional Basis of Press Freedom
The 1987 Philippine Constitution, Article III, Section 4, explicitly states that “No law shall be passed abridging the freedom of speech, of expression, or of the press…” This provision establishes the foundation for a free press, serving as a check on governmental power and ensuring public access to information of legitimate concern.
Press freedom under the Constitution is anchored on three essential principles:
- Protection from Prior Restraint – The government cannot prevent the publication of news or information unless there exists a clear and present danger to national security or public order.
- Government Accountability – The press functions as a watchdog, ensuring transparency and integrity in public service.
- Right to Access Information – The media has the right to seek, receive, and disseminate information in accordance with the people’s right to know, consistent with the Universal Declaration of Human Rights and related Philippine laws.
Limitations in Reporting on Persons Deprived of Liberty (PDL)
The right to press freedom must be exercised within the bounds of law, ethics, and institutional policies. When reporting on PDL, media practitioners must respect the detainees’ rights to privacy, humane treatment, and due process.
A. Institutional Rules and Regulations
- No Special Access: Members of the media have no privilege beyond those accorded to ordinary citizens when entering jail facilities.
- Facility Regulations: Access to interviews or documentation involving PDL is subject to the approval of the Warden and Regional Director, following security and procedural requirements.
- Prohibition on Recording Devices: As mandated under BJMP-NHQ Standard Operating Procedures (BJMP-CRS 2012-001), the use of any photo, video, or audio recording device inside jail facilities is strictly prohibited without a court order and compliance with Supreme Court guidelines.
These provisions uphold both the security of the facility and the rights of PDL to privacy and protection against harassment or exploitation.
Legal and Ethical Limitations on Media Coverage
Responsible journalism within the correctional context requires adherence to the following principles:
- Right to Privacy: PDL retain their personal privacy rights. Unauthorized publication of their images or personal circumstances constitutes a violation of their dignity and legal protections.
- Right to Due Process: Reports must avoid prejudicial publicity and must respect the presumption of innocence.
- Voluntary Consent: Interviews or media exposure must be based on the PDL’s free and informed consent.
- Protection from Abuse: Depictions that exploit, degrade, or humiliate PDL are strictly prohibited.
- Right to Reply: PDL or their representatives must be given the opportunity to respond to adverse or misleading reports.
BJMP Policy on Recording Devices and Documentation
The BJMP-NHQ Standard Operating Procedures BJMP-CRS 2012-001 (Effective January 1, 2012) provides clear directives regulating all photo, video, and audio documentation activities inside jails.
Jails, as government facilities under the administrative and operational control of the Bureau of Jail Management and Penology (BJMP), are mandated to observe strict security protocols in all management activities and operations. Any activity conducted within the premises of a jail facility must strictly conform to existing BJMP policies, rules, and regulations, or to such lawful and reasonable directives as may be issued by the Jail Warden or Wardress when deemed necessary for the maintenance of order and security.
The enforcement of these security measures is imperative to ensure the protection of Persons Deprived of Liberty (PDL), jail personnel, and visitors, as well as to safeguard the integrity and safety of the facility.
However, despite the Bureau’s continuing efforts to secure its facilities from intrusion and other potential threats posed by individuals with malicious intent, there have been instances where sensitive security information was accessed through the use of recording devices and other high-end electronic gadgets.
In view of these circumstances, this Standard Operating Procedure (SOP) is hereby issued with the primary objective of preventing possible security breaches within the facility, protecting the rights and welfare of PDLs, and shielding them from harassment, undue exposure, and unwarranted public criticism.
This SOP shall cover not only members of the media but also other external service providers and partner agencies authorized to enter jail premises—such as the Public Attorney’s Office (PAO), Integrated Bar of the Philippines (IBP), Department of Education–Alternative Learning System (DepEd–ALS), and representatives from religious, civic, or non-governmental organizations—particularly in instances where documentation, recording, or media coverage of jail activities, programs, and celebrations (e.g., NACOCOW and other institutional events) is required, with the following guidelines reproduced verbatim for uniform implementation among all jail units, to wit:
IV. GENERAL GUIDELINES
1. No camera of any type or any recording device or gadgets shall enter the premises of the jail facility except the duly-issued jail’s camera or unless covered by letter of application duly approved by the court and accompanied by undertaking to faithfully comply with guidelines issued by the Supreme Court.
2. Personnel and visitors including members of the media with similar items shall deposit the same to the sentinel on duty prior to their entry to the facility;
3. All items such as but not limited to cameras; video cameras, audio recorders, laptops, surveying cameras, cellular phones, or ay similar gadget that could record any material data brought in with the jail premises by any personnel or visitor and if so confiscated, the latter is deemed to have waived his or her right to such item and its content to be inspected and reviewed in favor of the BJMP.
4. Prohibition of any type of camera, device or gadgets with recording capability must be reiterated during Personnel Information and education (PI and E) sessions in every jail and it should appear on their weekly accomplishment reports
5. A printed statement prohibiting the entry of above mentioned items with at least an inch of size each letter shall visible among visitors at the entrance of the facility. Such statement shall be translated also to local dialects.
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V. SPECIFIC GUIDELINES
On Confiscated Recording Device
All confiscated photo, video and audio recording device must be handled according to the following procedures:
- Confiscated item must be properly marked prior to turn over to the Supply Officer or to the desk Officer for proper disposition or safekeeping inside a secured cabinet provided by the jail unit.
- Immediately thereof, the unit jail intelligence office must proceed with the careful review of any recorded data on said items in the presence of the owner and the Warden or the duty Officer of the day. If nothing essential to the jail management and security was found, sad item must be returned to the owner. However, if found to be containing any data regarding jail management operations especially on security aspect of the facility, the data found must be removed and transferred immediately to office files for further review.
- The Warden, though the Jail Intelligence Unit, must submit report of the incident to the Office of the regional director with an advance copy furnished to the directorate for Intelligence, National Headquarters.
d. After the files have been deleted from its source and transferred to new data storage, confiscated items must be returned to its rightful owner.
On Activities That Requires Documentation
a. Any activity inside jail that requires documentation other than but not limited to IWD programs, commitment of inmates, official visits and site inspections must secure first a clearance from their respective regional directors. The Warden shall make the necessary written request specifically stating therein the justifications that necessitates entry of photo, video or audio recording device.
b. If approved, the Warden must ensure that no images, scenes or any related data detrimental to the image of the bureau will be taken.
c. The Warden or duty Officer of the day has authority to review and edit data and actual footages taken during the activity.
On Persons Performing Official Functions
a. All personnel who are on official functions must observe due courtesy by presenting himself first to the Warden of the facility or to the duty Officer of the day before the conduct of any activity including the kind of recording device that he or she will be using except the members of the Command Group, director of the directorates, Chief of Offices of the national Headquarters, regional directors, Jail Provincial Administrator and Intelligence Officers of the bureau.
b. national and local government officials including foreign officers who will enter the facility shall observe Section IV Para 2 of this policy. Hence, one (1) person accompanying said official or one (1) duty personnel can be designated as official photographer using the jail camera on the duration of the visit.
Balancing Press Freedom with the Protection of PDL Rights
As emphasized by the Philippine Center for Investigative Journalism (PCIJ), the constitutional right to a free press does not confer upon journalists a superior right to information over the rights of PDL. A delicate balance must be maintained between the media’s duty to inform and the PDL’s right to privacy, dignity, and due process.
The BJMP’s regulatory framework does not seek to curtail press freedom but rather to ensure that infomation dissemination remains responsible, secure, and rights-based. Ethical and coordinated media engagement within the parameters of BJMP policy promotes transparency without compromising institutional integrity.
Press freedom is an essential component of a democratic society; however, within the context of correctional administration, it must coexist with the state’s duty to protect PDL rights and ensure jail security.
The BJMP’s policies on media access and documentation particularly the prohibition on unauthorized recording devices serve as safeguards to maintain order, uphold the rule of law, and preserve the dignity of those in state custody.
Through continued cooperation between the media and the BJMP, the pursuit of transparency and accountability can be harmonized with the protection of human rights, promoting a correctional environment grounded in justice, integrity, and respect for human dignity.
References
- 1987 Philippine Constitution, Article III, Section 4
- BJMP-NHQ Standard Operating Procedures BJMP-CRS 2012-001 (Effective January 1, 2012)
- Philippine Center for Investigative Journalism (PCIJ) Reports on Press Freedom and Human Rights
- Supreme Court Guidelines on Media Access to Court and Detention Proceedings
