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00:00.9
Alright, yan. Magandang araw mga kabatas natin at welcome sa isa namang livestream.
00:06.1
Mga kabatas natin, bago tayo tumungo dun sa text ng Sotolo at saka yung balita noong panahon, September 25, 2019 mga kabatas natin.
00:17.4
Around that time, 2019, kung saan na-enact itong expanded Sotolo.
00:21.9
Pakinggan muna natin ito mga kabatas natin kung ano yung sinabi dito.
00:27.8
Kaya lang, ito kasi sa ANC 24-7, an abuse of power, representative pimental sites basis for house detention of Celis Badoy, ANC.
00:38.7
Actually, sinight naman na yun. Pero ito yung tanong kasi nila doon, nagkaroon ba ng abuse of power?
00:45.2
Tapos nakalagay dito, no timeline on how long Celis Badoy will be detained.
00:49.3
Hindi totoo yun, may timeline na. Napag-usapan natin yun.
00:52.3
Maybe they really didn't understand what the motion was.
00:55.7
Pero the motion was,
00:57.1
they will be detained until the adjournment of the committee hearing or until the adoption of the committee report.
01:07.5
Okay? Hanggang doon lang yun. That's the maximum.
01:12.0
So hindi tama dito yung sinabi nilang no timeline on how long Celis Badoy will be detained.
01:17.4
I showed you the Supreme Court decision already. Okay?
01:21.8
Pimental, I may not agree with Lorraine Badoy's manner.
01:26.1
Her behavior, her tactics in the past with how she's treated and rektag journalists.
01:34.2
But I want to stick to this issue.
01:37.3
Isn't this an abuse of power and discretion by the lower house?
01:42.1
I mean, what did the two really violate?
01:45.3
Number one, when you think about it, the SOTO law is quite clear.
01:49.8
Whether or not you agree with her commentary.
01:52.8
Ito kasi two mga kabatis natin.
01:56.1
Yung sinasabi niya, the two violated.
01:58.8
Hindi naman kasi talaga nag-violate naman si Badoy doon sa isa.
02:05.1
Doon sa hindi pagdadivalge o pagbabanggit ng source,
02:10.2
ang nag-violate lang dito ay si Celis.
02:14.9
Hindi ho si Badoy. Si Badoy, iba ho yung sa kanya.
02:18.0
Yung kay Badoy, yung pagsisinungaling.
02:21.4
It does protect them from revealing their sources.
02:24.9
The law is quite...
02:26.1
It's quite clear on that.
02:27.8
So what is the basis to detain them for this law?
02:32.0
Well, there is a SOTO law to protect media practitioners.
02:36.6
However, there is also a coletilia in the SOTO law.
02:42.3
It's very clear there in Section 1,
02:45.1
only accredited journalists can invoke the SOTO law.
02:51.1
In this case, we have found out that Loren Badoy
02:56.1
and Mr. Celis are not accredited journalists or media practitioners with KBP.
03:03.1
Ito, ito kasi yung issue dyan mga kabatas natin.
03:07.2
Ang issue dyan, the law did not actually say
03:12.5
na you should be accredited by the KBP.
03:19.5
Babasahin natin mamaya yan.
03:21.3
Siguro nakikita nyo na kung saan ako papunta.
03:26.1
Otherwise, no, itong kapisanan ng mga broadcasters ng Pilipinas,
03:30.6
mga kabatas natin,
03:32.7
Ito, ito yung argument dyan, ha?
03:34.5
If I will take into consideration
03:37.3
the argument of Representative Pimentel,
03:43.7
Paano yung mga campus journalists?
03:47.5
They are also journalists.
03:49.1
They also make exposés.
03:52.8
Pero, these campus journalists,
03:56.1
should they be accredited
03:57.5
or should they be accredited by the KBP?
04:02.3
So, doon yung nakikita mga kabatas natin
04:04.7
yung intent ng batas eh.
04:07.4
The spirit of the law.
04:09.1
You can see it there.
04:15.6
in far-flung areas,
04:18.0
mga kabatas natin,
04:19.6
many of them are not accredited by the KBP.
04:24.7
Hindi sila kasalita,
04:28.0
Doon sa kapisanan ng mga broadcasters sa Pilipinas.
04:31.6
Does that mean that they are not supported
04:33.7
or they are not protected by this law?
04:42.8
Even the law is silent on that part.
04:44.7
Pero, we will go there.
04:45.6
We will go there and discuss that extensively,
04:47.5
mga kabatas natin.
04:50.7
we will, ano muna,
04:51.9
listen to Pimentel.
04:55.0
ah, KBP was there.
04:57.3
Ito, ito, sabi rin ni, ano, ni Ika,
05:00.2
GMA ay not accredited ng KBP.
05:03.0
Yun nga, sinabi rin sa akin yan.
05:07.9
Since binanggit yun na,
05:09.9
we studied KBP also.
05:11.7
And KBP is a private entity.
05:18.7
they testified that they are not accredited.
05:21.9
So, it's very clear in Section 1
05:25.9
Republic Act No. 147,
05:28.1
ah, expanding the coverage of exemptions,
05:31.1
ah, nakalagi doon,
05:32.3
accredited journalist, writer, reporter, contributor,
05:35.7
and there is also an exemption
05:38.2
unless the court or the House of Certificates or the Senate
05:41.6
or any community congress finds that such revelation
05:45.7
is demanded by the security of the state.
05:49.9
Security of the state.
05:52.0
yun siguro yung pwede nilang, ano, no, pwede nilang,
05:56.5
Pero let's go to the text na.
05:58.4
At pag-aralan natin yan, mga kapatid natin, ano.
06:03.6
Let's look at the spirit of this.
06:05.3
If you will see kasi, no,
06:06.8
it will be absurd
06:07.9
if you will interpret this as,
06:10.8
as only applicable to journalists who are accredited
06:18.1
Because even this, mga kapatid natin,
06:23.1
this particular, ano, no, this particular, ah, law,
06:30.1
did not mention the kapisanan ng mga broadcasters ng Pilipinas.
06:34.9
O, i-search natin.
06:43.9
So, it did not mention the KBP here.
06:46.9
So, who will accredit?
06:48.9
Tignan natin, no.
06:49.9
Ito yung amendment kasi.
06:52.8
Without prejudice to his liability under the civil and criminal laws.
06:58.8
Titignan nyo kasi yung mga kapatas natin.
07:01.8
You can still be held liable under civil and criminal laws
07:08.8
if you violated something that is against the law.
07:13.8
Bakit importante kasi itong unang phrase na ito?
07:16.8
Bakit importante itong unang phrase na ito?
07:20.8
Importante itong unang phrase na ito.
07:22.8
Because you can still be liable for cyber libel and other criminal actions against you
07:32.8
if you publish something that is against the law.
07:38.8
So, ano ba yung sinasabi ng batas dito?
07:41.8
Huwag mong sabihin yung source mo.
07:44.8
You cannot be compelled to do it.
07:46.8
Pero, even if you don't divulge your source.
07:52.8
Even if sabihin mo na meron kang source kahit wala.
08:01.8
When it comes to libel or cyber libel,
08:04.8
the person who published it can be held liable.
08:11.8
So, if we will zero in in this Section 1,
08:16.8
this particular amendment,
08:18.8
it gives protection actually.
08:21.8
Para lumakas yung loob ng mga tao
08:25.8
na magbigay ng impormasyon.
08:28.8
That's the spirit of the law.
08:31.8
So, tingnan natin kung kanino,
08:34.8
kung kanino, ano,
08:36.8
kanino nag-a-apply ito.
08:49.8
or duly recognized,
08:52.8
or accredited journalist.
08:54.8
Pagtitignan nyo kasi mga kabatas natin.
08:56.8
Take note of the use of the word
09:03.8
Itong accreditation na ito
09:07.8
at itong recognition na ito,
09:09.8
mga kabatas natin,
09:13.8
to cover journalist,
09:17.8
writer, reporter,
09:19.8
contributor, opinion, writer,
09:21.8
editor, columnist,
09:23.8
manager, media practitioner.
09:29.8
Pwede kasing, medyo,
09:31.8
yun ang problema natin dito eh.
09:33.8
Ang problema kasi natin dito,
09:35.8
ano ba yung minomodify ng recognized or accredited?
09:42.8
Does it modify only the journalist?
09:45.8
Or does it modify all of this?
09:55.8
So, we should look at the spirit of the law.
10:01.8
Kasi hindi mo makikita kung saan yung minomodify niya talaga eh.
10:04.8
Kasi nando doon sa unang una,
10:06.8
you can argue that
10:08.8
recognized or accredited,
10:10.8
it refers only to the journalist.
10:12.8
Pero, pagtitignan mo kasi mga kabatas natin,
10:15.8
kasama yung writer, reporter,
10:17.8
contributor, opinion writer,
10:19.8
editor, columnist,
10:20.8
manager, media practitioner,
10:21.8
involved in the writing,
10:23.8
editing, production,
10:24.8
and dissemination of news for mass circulation.
10:30.8
It did not define the publisher.
10:32.8
Who is a publisher?
10:34.8
Siyempre, kukunin mo siya in its,
10:41.8
in its lay meaning, di ba?
10:46.8
A person or company that prepares or issues books, journals, music, or other works.
10:52.8
Yun yung pangalan ng publisher.
10:54.8
Ngayon, with the advent of social media,
10:57.8
we can all be publishers.
11:05.8
Kasi a publisher is a person or a company
11:10.8
and issues books, journals, music, or other works.
11:21.8
Kasi ngayon, mga kabatas natin,
11:24.8
if you manage your social media,
11:27.8
you can easily publish it.
11:29.8
You can easily own already.
11:36.8
Kasi ito, tignan nyo, no?
11:38.8
Or Julie bla bla bla,
11:40.8
and dissemination of news for,
11:46.8
for mass, ito kasi,
11:48.8
dissemination of news for mass circulation.
11:51.8
So, can you be a publisher?
11:53.8
Disseminating news for mass circulation
11:56.8
of any print broadcast, wire service, bla bla bla,
11:59.8
or electronic mass media?
12:03.8
Including cable TV and its variants cannot be compelled to reveal the source of any news item, report, or information.
12:08.8
appearing or being reported or disseminated through said media.
12:17.8
Which was related in confidence with the above-mentioned media practitioners
12:22.8
unless the court or the House of Representatives or the Senate or any committee of Congress
12:27.8
find that such revelation is deemed by,
12:30.8
is demanded by the security of the state.
12:33.8
Ito yung security of the state.
12:34.8
Siyempre, ito kailangan i-interpret din na naman yan.
12:37.8
Pero based on this, mga kabatas natin,
12:42.8
it is my legal opinion,
12:44.8
that even amateur journalists,
12:48.8
even campus journalists,
12:50.8
are protected by Republic Act No. 11458.
12:54.8
Tulad nga ng sinasabi ko sa inyo, mga kabatas natin,
12:57.8
tulad ng sinasabi ko sa inyo,
12:59.8
if the interpretation of the,
13:03.8
the House of Representatives,
13:05.8
yung kay KP Mental will be followed,
13:07.8
what about campus journalists?
13:14.8
What about campus journalists?
13:16.8
What about campus journalism?
13:17.8
So you are not protected but you are also member of the press.
13:23.8
And mga kabatas natin,
13:25.8
there is no competitive exam.
13:31.8
Wala pong professional exam.
13:34.8
That's the better part.
13:37.8
Wala pong professional exam for you to be a journalist.
13:49.8
Tignan nyo dito sa ano, ha?
13:59.8
So let me explain,
14:02.8
nagkaroon ng speech kasi noon,
14:05.8
noong ito ay pinasa,
14:06.6
ito yung news noong September 25, 2019.
14:11.8
President Roddy Duterte,
14:13.8
has approved expansion to the SOTO law,
14:15.8
which allows broadcasts and online journalists,
14:18.8
to keep their sources confidential under certain conditions.
14:21.8
The President has approved the expanded SOTO law, which allows broadcasts and online journalists to keep their sources confidential.
14:31.7
Pag titignan nyo kasi mga kabatas natin, yung accredited, I think, in my opinion, of course, like I said, I always stand corrected.
14:44.9
In my opinion, that works only if you work for a particular company.
14:50.6
Ibig sabihin, kunwari, dito sa One News, the One News should accredit you as their journalist.
15:03.5
If not, hindi kakasali.
15:07.8
Kung nire-represent mo yung One News.
15:14.8
...is if Congress or the courts find the news information harmless to national security.
15:20.6
The previous law only protects print journalists as their constitutional right to freedom of speech in the country's democratic state.
15:28.4
Senate President Tito Soto thanked the President for approving the amendments to the SOTO law.
15:33.9
SOTO said these will ensure that all media workers will provide the public...
15:38.6
Pignan nyo, all media workers.
15:42.3
Anong pangalan ng Facebook?
15:46.1
Anong pangalan ng YouTube?
15:50.6
Anong pangalan ng social media?
15:57.3
So, if you create content, news content, even if you are not affiliated with any news agency that is accredited by KBP,
16:20.6
Because it's social media, it's still media.
16:32.0
Alam nyo rin, lagi kong sinasabi dito, na pag meron tayong batas, it will always be interpreted in relation to its applicability to modern times.
16:47.8
Its applicability to modern times.
16:50.6
So, I think, if I will be interpreting it, kasali sila.
17:02.9
...accurate information without fear of threats from individuals who may be exposed for their wrong deeds.
17:09.9
But Foreign Affairs Secretary Teddy Locsin Jr. says or tweeted a sarcastic reaction.
17:15.2
Locsin hopes that the new SOTO law will end complaints against the President...
17:20.6
...that is supposedly attacking press freedom, even if it's not a political issue.
17:23.0
Anyway, hindi na issue yan.
17:26.7
Politika-politika yan nung unang panahon na hindi na applicable ngayon.
17:31.2
Balik tayo dito kay Representative Pimentel.
17:34.8
So, we were talking about red tagging.
17:37.4
We were talking about communist insurgency.
17:40.5
It's very clear that it involves the security of the state.
17:44.5
And in the course...
17:51.9
It's very clear that it involves the security of the state.
17:55.7
So, we were talking about red tagging.
17:58.7
We were talking about communist insurgency.
18:02.4
But it's about the 1.8 billion.
18:07.0
Alleged 1.8 billion trouble funds of Speaker Martin Romualdes.
18:20.6
Ito, mga kabatas natin.
18:26.1
Ibig sabihin ba dito pumapanig ako kay Badoy at saka kay Celis?
18:31.5
Yung kay Celis, we all can see it.
18:36.0
It's really disrespect sa tribunal yung ginawa niya, mga kabatas natin.
18:40.7
It's really disrespect.
18:42.6
Pero yung hindi niya pag-divulge ng kanyang source, I think hindi dapat maging dahilan yun.
18:50.6
Yung itong pag-detain din sa kanya, itong si Badoy, in my opinion, mga kabatas natin, pwede naman siyang i-detain.
18:59.0
Pero, pero, pero, pero, pero, malinis to.
19:02.7
Hindi, hindi, hindi. Kanta na naman yun.
19:04.3
Pero, mga kabatas natin, sana nagkaroon pa ng mas malalim na investigation at sana pinasagot sila.
19:15.4
Ito sabi ni John Lee.
19:18.3
Would it mean that Penetral et al. doesn't know the law or they know the law and just pinning down SM&I?
19:24.7
No, it doesn't mean like that.
19:26.3
Like I said, these are scholastic discussions.
19:31.4
These are for academic purposes.
19:35.6
Kasi, kasi hindi naman pwedeng pag meron kang ibang punto, bobo ka na agad.
19:47.5
Hindi naman pwedeng.
19:48.3
Hindi naman pwede na parang mali o iba yung opinion nun sa isa, magkasalungat kami, magkasalungat sila, bobo na agad yung isa.
20:00.1
Pwede rin naman kasi, mga kabatas natin, na pareho silang gumagamit ng utak nila, kaya ina-argue nila yung punto nila.
20:10.1
Diba? That's the point there.
20:12.0
Yun yun kasi ang hindi magets na mga Tulfonatics eh.
20:15.3
And that's why I feel sorry for them.
20:17.5
Kasi pag may kumontra doon sa puon nila, pag may kumontra kay Rafi Tulfo, mga kabatas natin, attack agad.
20:27.0
Hindi nila tinitignan kung ano yung argument mo, hindi nila tinitignan kung yung punto mo ba tama o mali.
20:35.5
So sinasabi mo ba, bobo ito, bobo ito, nobody's saying that.
20:38.8
Only Rafi Tulfo says that.
20:42.7
Diba? Only Rafi Tulfo says that.
20:44.8
And if you do it.
20:47.5
If you do it to Rafi Tulfo, galit si Rafi Tulfo.
20:55.2
Just like I said, ang daming abugado dito sa Pilipinas, iba-iba yung opinion nila dito.
21:04.6
Ano ang importante, explain mo yung opinion mo.
21:07.5
Para people will understand where you're coming from and eventually, malalaman.
21:14.3
These are methods.
21:16.3
No, this particular.
21:17.5
These particular arguments, these particular discussions will arrive at improving the law.
21:25.5
Or, better understanding of the law.
21:32.3
Katulad nung Axie.
21:35.3
Diba? It's batas natin against the world.
21:43.1
It is a Ponzi scheme after all.
21:46.1
Pagkatapos sumabog.
21:47.0
Hindi na naka-recover.
21:48.7
Just as we predicted.
21:56.2
It's very clear that it involves the security of the state.
22:00.2
And in the course of two hearings that we have conducted last November 30 and yesterday,
22:07.8
we have established already that they have violated some provisions in their franchise.
22:15.1
Actually, it is Suarez.
22:17.0
Yun siguro yung violation nila dun sa provisions sa franchise nila.
22:21.1
Ito lang yan ang sinabi ko sa inyo.
22:22.5
Siyempre, I also have my biases.
22:25.2
Everybody has that.
22:27.1
Pero as much as possible, I'll try to be fair.
22:30.2
So in this particular discussion, I tried to be fair with, yeah, in relation to them.
22:36.5
Kasi, you know, they're not my favorite people.
22:39.7
Pero as much as possible, I tried to be fair.
22:47.0
Yan. Maraming salamat mga kapatid natin.
22:49.7
At siyempre, tulad ng lagi kong sinasabi, matulog po tayo ng mahimbing dahil alam natin.
22:55.3
Up, sandali, sandali. Nakita ko dito.
22:57.9
Tama yung sinabi ni Renz dito.
22:59.3
That's the true essence of in-aid of legislation.
23:04.1
Sana nakakuha sila ng gagawin nila dito.
23:07.5
Kasi they need to really make it clear kung sino yung mag-a-accredit doon.
23:12.6
Kung ang mag-a-accredit ba yung news agency o yung kapisanan ng mga broadcasters.
23:18.1
Because, mga kapatid natin, it's ambiguous.
23:22.4
Okay? Maraming salamat.
23:24.2
Siyempre, tulad ng lagi kong sinasabi, matulog po tayo ng mahimbing dahil alam natin.
23:27.6
Na natutulog ng mahimbing, siya yung laging panalo.
23:30.7
Paalam po. Pansamantala.
