“I beg your pardon”: the Survey

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Last summer during the election campaign i promised to post some notes for discussion on surveys, but never did. Soweee; begging your pardon. Here are some notes on the survey on the “touted” presidential pardon of the accused in People vs. Estrada for plunder.

The following is a portion of the syllabus in a class, on the topic, media coverage of surveys. You might want to read these articles for a better, more comprehensive discussion:

quote “D. Covering Elections and Reporting on Opinion Polls

Articles: `Embedded’ Journalists: Philippine Style” by Evelyn Katigbak, Philippine Journalism Review, April-May June-July 2004

“Surveys in the News: Front Page Treatment, Mostly” by the editors, PJR, supra

“Reporting Election-Related Violence” by the editors, supra

“Testing for Reliability”, with sidebar:

“Reporting the Surveys” by Angela M. Banadios, Anna Patricia de Leon, and Venus Elumbre, supra” . closed-quote.

I usually pose these questions: Does it matter who sponsored the survey? The sponsors are not allowed to change the numbers, so does it matter who sponsored it, and is it necessary to provide context; and the side of other parties and their analysis?

In the opposition-sponsored SWS survey on the pardon of Erap, the angle of the Inquirer, gleaned from the choice of persons interviewed (Erap and his son), used quotes to produce a slant that an overwhelming majority was sympathetic to the ousted president.

Ironically, the supposed presidential pardon after a supposed verdict of guilt was a scenario foisted a couple of years ago reportedly by a group in Malacañang. When word of it spread, one of the volunteer lawyers for the prosecution, Atty. Nards de Vera, as I recall, exposed the supposed scenario in a media conference and said something like it negated all concepts of justice, etc.

In yesterday’s and today’s edition of the Inquirer, the banner story reported that the survey was opposition-sponsored. A coupleof years ago it was being “touted” reportedly by a group in Malacañang and today it’s being spread by the opposition. That might seem strange unless the reader sees the slant and is aware of what goes on in the release of information and the media coverage of surveys, and discerns how the story was “angled”.

There was an “excising” of context.

What was not fully reported in the news stories as background are the following:

1.As is generally known, there is a confidentiality agreement between the pollster and the sponsor such that the pollster is not allowed to disclose the results of any commissioned survey without permission from the sponsor. Pollster-organizations subsidize themselves and the staff generally through grants and commissioned studies.

2.If there were several surveys conducted, it is the sponsor who decides which of those surveys he/ she commissioned would be released or “leaked” to the public.

3.The sponsor (the person who paid for the study) decides which part of one survey, or what item of the survey, gets released to the public. For example, if there were ten items or ten questions, the sponsor decides or chooses what item or what questions and its results, are released or “leaked” to the public. For example, of the ten items, the sponsor can decide or choose that only Item Number 6, of the ten or so items, gets released publicly.

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Photo, detail of a bas-relief by Napoleon Abueva

4. So, hypothetically, a sponsor can decide or choose not to include the following items: 1)Do you think that the 4 billion pesos stashed in the Velarde account belong to Estrada? 2) Do you think that those funds were payoffs of businessmen to him? 3) Do you think that Estrada received jueteng protection money during his term? Etc.

If one looks at the slant of the article, one might realize that the sponsors care less about courting the ire of the Sandiganbayan for contempt than conditioning the mind of the public (albeit, maybe incompetently). The coverage of results of the question on the presidential pardon, slanted with quotes that people are sympathetic to Estrada is no less contemptuous of the administration of justice; they influence the administration of justice no less than the answers to the above-stated questions.

But what would be the result to the above-stated questions?

Isn’t the premise of a presidential pardon, as Estrada himself stated in rejecting it, and as Mayor Jejomar Binay himself stated in an interview: a conviction, or a finding of guilt beyond all reasonable doubt? That’s the only time a pardon can be exercised.

Since there was a question on possible presidential pardon and those were the results, don’t you wonder what the previous questions were? Don’t you wonder what the premises of the respondents were? As Mayor Jejomar Binay himself stated or asked, weren’t the respondents presuming guilt (or did they understand it). Or, to put it another way, did the respondents answer or wouldn’t the respondents have answered, in overwhelming majority, the question: is there guilt beyond doubt, with a Yes?

This is either a botched-up job on the part of Erap propagandists, because it implied guilt, or a wonderful job, because it implied sympathy.

Who the sponsor is (and maybe how competent a propagandist he/ she is) , matters; because the sponsor gets to control what information is released or “leaked” to the public. When reporters and editors are either (a) lazy; (b) negligent; (c) harassed (d) incompetent; (e) compromised or received something; the context (as discussed above) is not provided; no other side or analysis is presented. The sponsor being the only source of information therefore controls how the news story is developed, written, produced.

The sponsor becomes the reporter and the editor.

We do not know better because we don’t know the context.

Media Law Exam

angmalaya.jpgMedia and Communication Law Exam. (First exam on the first part of the syllabus: “Rights and Privileges of Reporters” etc.) Sept. 2, 2007. You will not pass this exam if you are not able to cite or describe the pertinent cases. Rhetoric and generalities like “human rights violations” or “violation of free expression” will not earn you points. This is a closed-notes closed-books exam. You will not be allowed to leave the room until you’re done. You are not allowed to communicate with each other or use any electronic device. 50 pts with 7 pts bonus.

pahayagan1.jpg 1.The Commission on Human Rights (CHR) in a “hearing” on the disappearance of NGO worker and agriculturist Jonas Burgos, directed the Intelligence Services of the AFP to conduct an investigation and submit a report within a week on why the van that carried away Jonas Burgos bore the plate number of a vehicle in the custody of the the 56th Infantry Battalion of the Army in Bulacan. ISAFP conducted its investigation but refused to give the CHR its report. In the petition for habeas corpus in the Court of Appeals, it also refused to give its report. Gelene Rosales, a reporter of The Herald went to the ISAFP office and asked for a copy. She was refused too. A) In Gelene’s case, are there any legal issues on media law here? Specify and explain fully. Cite or describe the pertinent case. (5 pts.) B)In the case you are citing/ describing, what reliefs if any did the Court give? Specify.(3 pts.) C)What conditions did the Court require, if any, for the relief to be obtainable? Specify. (3 pts.) D)Can Gelene file any action or case in court on the matter? Specify her legal remedy or describe the action she should file. (3 pts.) (total: 14 pts.)

2.Based on the same facts, Aira Alaparan was able to get a copy by “bribing” an insider, and her newspaper, Breaking News, a tabloid, was going to banner it. At press time however, on the strength of a search warrant, the ISAFP raided the printing press of Breaking News and seized all the computers and copies and the printing press, and warned Breaking News they would do it again if the tabloid tried to publish the report. A) Are there any legal issues here on media law? Specify and explain fully. Cite the pertinent case. (5 pts.) B)In the case you are citing/ describing, how did the Court rule? (3 pts.) C) What right/ component of press freedom/ obligation of the journalist did it define and describe? How did it describe this? What was its basis for recognizing this? (5 pts.) (Total: 13 pts)

3.In Thailand (until recently, the ban was lifted two days ago), all computers, servers, networks, had been disabled to block access to YouTube of any video on the subject matter of “insults to the King of Thailand”. Using Philippine constitutional law principles (that have counterparts in the Universal Declaration of Human Rights), are there any media law issues here? What are these, if any? Specify and explain fully. (5 pts.)

4.In China, before the Google company was allowed to conduct business, it had to agree to a contract that certain words in its search engine would not yield any results leading to the Tiananmen square massacre in 1989. There are thousands of articles worldwide on said event. Today in China, words like “Tiananmen”, “human rights violations”, or “massacre” do not link to any such story or article. Using Philippine constitutional law principles (that have counterparts in the Universal Declaration of Human Rights) are there any media law issues here? What are these, if any? Specify and explain fully. ( 5 pts).

5.Marian Palomares, a student, downloaded the song “Fragile” by Sting from the site angel.mp3.com and used it to produce a music video to honor the memory of Cris Mendez, the U.P. student killed reportedly in a Sigma Rho hazing. It was shown during the wake, but she did not produce any copies, only one. Its showing was however beamed as news clips in all the TV networks. Are there any media law issues here? Specify and explain fully. (5 pts)

6. Ali Z., a radio broadcaster, as a background story to the scheduled Senate hearing on the Hello Garci tapes, played again a portion of said tapes on air. Did she violate the Anti-Wiretapping Law? Specify the overt acts enumerated in said law. (5pts)

7.What are the employees’ right applicable to full-time reporters/ producers/ photographers/ cameramen in the Labor Code? Specify. (5 pts.)

8.BONUS: In your opinion, does the approval and implementation of the Human Security Act raise any media law issues? Specify and explain fully. (5 pts.)