" the right of freely examining public characters and measures, and of free communication thereon, is the only effectual guardian of every other right." by: James Madison.
- yes, as an ordinary citizen, we can create our version of wikilink. org., because our public concern is important. our constitution under Art. III sec. 7 provide that " the right of the people to information on matters of public concern shall be recognized."
- the right to information on matter of public concern. the right of access to official record is given as an implementation of the right to information. thus, the right to information on matters of public concern is both the purpose and the limit of the right of access to public documents.(Bernas,1987 constitution,a commentary. p. 372)
- "public concern" like public interest is a term that eludes exact definition. both terms embrace a broad spectrum of subject which the public may want to know either because these directly affect their lives, or because such matters naturally arouse the interest of an ordinary citizen. in the final analysis, it is for the courts to determine on a case to case basis whether the public at issue is of interest or importance as it relates to or affects the public. (Legaspi vs. Civil Service Commission 150 SCRA 530)
- the limitation or restrictions to the right of information was held in the case of Chavez vs. PCGG, (299 SCRA 744) which innumerate such limitation.
-1. national security matters which includes state secrets. etc.
-2. trade secrets and banking transactions
-3. criminal matters or classified law enforcement matters.
-4. other confidential matter.
- the constitutional right to public information is self executory hence, it may be asserted without need for any law. what the law may provide for are reasonable conditions and limitations. ( Legaspi vs. CSC 150 SCRA 530)
-the important of this right was discuss in the case of Echegaray vs. Secretary of Justice (297 SCRA 754)
"the incorporation in the constitution of a guarantee of access to information of public concern is a recognition of the essentiality of the free flow of ideas in a democracy. in the same way that free discussion enables members of society to cope with the exigencies of their time, access to information of general interest aids the people in democratic decision-making by giving them a better perspective of the vital issues confronting the nation."
- justice Blackmun held that the free flow of information about commercial matter was necessary to ensure informed public decision- making. he reasoned that the protection of the first amendment extends not only to the speaker, but to the recipient of the communication. although the case dealt with commercial speech, the majority opinion made it clear that the constitutional protection for receipt of information would apply with even more force when more directly related to self-government and public policy. ( constitutional philosophy of the Phil. juresprodence by: justice puno. p. 727)
- moreover, both jefferson and madison were convinced that the only wise policy was to keep the market place of ideas unregulated by the government. Madison wrote: " a popular government, without popular information, or the means of acquiring it, is but a prologue to a farce or a tragedy; or perhaps both. knowledge will forever govern ignorance; and a people who mean to be their own governors, must arm themselves with the power which knowledge gives. (the right of the people by: William Douglas (1962) p.10)
- Jefferson wrote in January 16,1787 which state that:
" i am persuaded myself that the good sense of the people will always be found to be the best army. they may be led astray for a moment , but will soon correct themselves. the people are the only censors of their governors; and even their error will tend to keep them to the true principles of the institution. to punish these errors too severely would be to suppress the only safeguard of the public liberty. the way to prevent these irregular interpositions of the people, is to give them full information of their affairs through the channel of the public papers, and to continue that those papers should penetrate the whole mass of the people. the basis of our governments being the opinion of the people, the very first object should be to keep that right.
( the right of the people by William Douglas (1962) p. 11)
- in the case of New York Times vs. United States (403 US 713) held that any prior restraint of freedom of expression by the government carries a heavy presumption of unconstitutionality. in this case the court held that the Nixon administration could not forbid newspaper publication of classified documents on the vietnam war since the government had failed to bear the heavy burden of justification for censorship.
- significance: the new york times case, also known as the "pentagon paper" case, involved publication of secret documents on the history of American policy in Vietnam which had been leaked to the press. the case was the first involving an effort by the national government to restrain newspaper publication of material in its possession. while the court permitted publication in this instance, the opinions of the justices left unclear the question of whether the government could enjoin publication of information which presents a serious threat to national security. ( the American political dictionary by Jack Plano and Milton greenberg (1985) p. 120)
-it is clear from above discussion and opinion of some authority of the law that every individual has a right to acquire, expose and disseminate any information that public concern and interest is involved. whether it is printed in the newspaper or posted in the internet. subject to the limitations provided by law. the creation of wikilink is part of our constitutional right which our mission to our society is to inform the public, about what our government and other major corporation have done, provided that such posting in the internet will not constitute a crime of libel and it will not harm or destroy our government with respect to our national security and international relation.
-this work is for academic purpose only.
