Friday, September 2, 2011

Can we as ordinary citizens, create our own version of Wikileaks.org and report therein the anomalies of the State and the major corporations?

What is Wikileaks?

WikiLeaks is a non-profit media organization dedicated to bringing important news and information to the public. We provide an innovative, secure and anonymous way for independent sources around the world to leak information to our journalists. We publish material of ethical, political and historical significance while keeping the identity of our sources anonymous, thus providing a universal way for the revealing of suppressed and censored injustices. (taken from http://wikileaks.org/)

It has been one of the major sources of information relevant to issues which have been kept secret from us. In fact, one of its leaks that gained a strong following was that concerning the US Diplomatic Cables leaks. It became so popular that even the US Government wanted to prosecute the proprietor of this website.

You may be wondering why I have decided to create a blog regarding this issue, the answer is that a question was propounded to us by our law professor which is something that really intrigued me, given my view concerning full transparency in all dealings of the government.

Can we as ordinary citizens, create our own version of Wikileaks.org and report therein the anomalies of the State and the major corporations? That was the question.

Here are my answers:

Yes to creating my own Wikileaks for purposes of reporting anomalies of the State.

First off, it is the State’s policy to maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption. This is provided under the Article II of the 1987 Constitution of the Philippines.

As a State which adopts a policy to ensure that our government remains trustworthy, it is but obvious that creating one site reporting the blunders, misgivings and other atrocious acts of the government will be welcomed by the government. With several laws in place to put an end to graft and corruption and continuous senate hearings in aid of legislation to make sure that they make better laws, the additional avenue to help this government actually achieve the policy that it has set and consequently the highest degree of respect to its officials from its citizens, is something that to look forward to.

Imagine our government actually doing its job properly. What a sight to behold! There will be little or no lopsided deals entered into by the government, basic services will be restored since taxpayers fund will fully be accounted for. Debts will be properly serviced and government spending will be limited to legitimate ones.

Secondly, the policy of the state supporting full public disclosure is also something which makes the creation feasible. Sec 28 of Article II of the same Constitution provides:

“Section 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest:”

Transactions of the State involving the disposition of funds, given that most of the funds that they are using are from our hardwork and sacrifices, are basically of public interest and thus we have a right to know. But mere knowledge is not sufficient. We must be involved. If the transactions are or pose threats to national security, then by all means let’s not divulge. But if it isn’t, then, we should expose not to malign but to make it known to our government that we are not apathetic. It’s exactly the opposite.

Lastly, our right to access information, although not absolute, is guaranteed by the Constitution itself. Our Bill of Rights provide

“Section 7. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.”

Almost similar to that of the preceding paragraph, as citizens, we should not be shortchanged. How, by showing the people the deals that our government officials have entered into to the detriment of the citizenry. We have a right not to be duped by our own government. We have a right to know what goes behind every deal and every botched one specially merits the attention of the people, who, according the very same Constitution, is the source of all government authority.

Now then, does the right to expose anomalies, extend to major private corporations? I say it may or may not!

No to indiscriminate reporting of anomalies committed by private corporations

Let me qualify that no. If the transactions for expose are made between Private Corporations alone, then reporting them will be a violation of the "Privacy" that our supreme law so guards. Anomalies made by these corporations, as long as these does not affect public interest,cannot be divulged by non-privy individuals without the consent of those actually involved.

"The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise as prescribed by law. - Art III Sec 3(1) of the 1987 Constitution.

This right may not be absolute but as long as there is no legal basis for us to expose their dealings, then we do not have the right to encroach upon their privacy. Gee, it is them who will be affected anyway so we really need not bother.

But if that corporation deals with the government or provides services or products which are of public interest, then we can.

Imagine banking corporations creating a cartel on interest rates and connives with the BSP through the issuance of regulations to make the interests legal and with an agreement that so much of the profit gained from the exorbitant rates from us poor debtors will be shared by them, or the DOE conniving with the oil companies so that the fuel prices reaches P1,000.00 per liter because of an artificial shortage created to increase the demand or allowing them to undercut the quality of the fuel that they sell to have a better margin. If this is the case, then yes, let the consumers be informed though any means.

In the end, it will depend on what to publish in the the wikileaks site. As long as no right or law is violated, under the freedom of expression, we can say whatever we want, expose whatever is wrong, and most importantly, be the whistleblower that we've always wanted to be.

Thank you for reading.

DISCLAIMER: The writer is a law student and the contents are used merely for academic discussions. This article is a mere opinion and does not, in any manner, provide legal advice. As such, it cannot be a source of a legal right.

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