Thursday, September 1, 2011

“Can we as ordinary citizens create our own version of Wikileaks.org and post therein sensitive documents pertaining to the anomalies of the State and major corporations?"


No, we as ordinary citizens cannot create our own version of Wikileaks.org and post therein sensitive documents pertaining to the anomalies of the state and major corporations.  WikiLeaks is a non-profit media organization dedicated to bringing important news and information to the public. The website Wikileaks is known for releasing secret, controversial government documents. Wikileaks was created to allow people, whether they are journalists, government workers or anyone else – to publish sensitive documents without worrying about their jobs or their safety. Anyone can submit documents to the site. If the editorial team thinks that they are important enough, they are published anonymously.

In the Philippines, Article III Section 4 of the Constitution provides that no law shall be passed abridging the freedom of speech, of expression, of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances. This freedom of speech, expression, and of the press is not absolute. It must be exercise within the limits provided by law. The posting of sensitive documents pertaining to anomalies may come from unauthorized disclosure of classified information or documents illegally obtained which can jeopardized and can have harmful implications for the lives of the individuals and corporations identified to such anomalies which can be a ground for a criminal case for libel against the person who post documents on such website.   Moreover, Wikileaks.org can be construed as an online whistle-blower, and in the Philippines there is still no law protecting Whistleblowers of any criminal, civil or administrative liability thus ordinary citizens when posting sensitive documents in the site can be made liable.

Moreover, Article III Section 7 of the Constitution provides that “ 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.” Clearly, as stated from the provision, the freedom of information is subject to limitations provided by law, ordinary citizens cannot therefore have protection for publishing and reporting classified and sensitive and unauthorized documents or information pertaining to anomalies of the state and major corporations.


Disclaimer:
Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent anyone. This work is intended as a legal opinion for the satisfaction of the requirements in the subject Technology and the Law.

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