Eastern Broadcasting v Dans

Eastern Broadcasting v Dans, Jr. 137 SCRA 628 July 19, 1985 Courts/Quasi-tribunal Guidelines Facts: A radio station called DYRE was owned by Eastern Broadcasting. It was summarily closed on the grounds of national security for allegedly inciting sedition. Petitioner then filed to compel the respondents, among them was Hon. Jose Dans, Jr., who is the Minister of Transportation Communciations, to reopen their radio station. The petitioners argue that they were denied due process since no hearing was held nor was there any evidence to prove the allegations to establish the factual basis for the closure of the station. Neither was there any action taken by the respondents to entertain a motion seeking the reconsideration of the closure action. Petitioner also raised the issue of freedom of speech. Based on the records, the charge of inciting sedition resulted from the petitioner’s shift towards its coverage of public events and the airing of programs geared towards public affairs. However, on March 25, 1985, Rene Espina, president of EBC, filed a motion to withdraw. He said that the EBC has already sold the station to Manuel Pastrana and that both the new and old owners are not interested in pursuing the case. Held: The case became moot and academic. The SC instead issued certain guidelines for similar circumstances. 1. The seven requisites of administrative proceedings in Ang Tibay v. CIR should be followed before a broadcast station is closed or its operations curtailed. a. Right to a hearing, which includes the right to present one’s case and submit evidence in support thereof; b. Tribunal must consider the evidence presented; c. Decision must have something to support itself; d. Evidence must be substantial. Substantial evidence means such reasonable evidence as a reasonable mind might accept as adequate to support a conclusion; e. Decision must be based on the evidence presented at the hearing, or at least contained in the record and disclosed to the parties affected; f. Tribunal or body or any of its judges must act on its or his own independent consideration of the law and facts of the controversy and not simply accept the views of a subordinate; g. Board or body should, in all controversial questions, render its decision in such a manner that the parties to the proceeding can know the various issues involved, and the reasons for the decision rendered.

2. Due process must always be followed. 3. Media is entitled to the broad protection of freedom of speech and expression clause. The test for limitations on freedom of expression is the “clear and present danger rule” – that words are used in such circumstances and are of such nature as to create a clear and present danger that they will bring about the substantive evils that the lawmaker has a right to prevent. 4. Broadcasting has to be licensed. The freedom of television and radio broadcasting is somewhat lesser in scope than print media. This is because (1) broadcast media is more pervasive, and (2) easily accessible to children. Because of its pervasiveness, the impact of inflammatory or offensive speech on people would be difficult to monitor or predict. Prepared by: Katrina S. Diploma

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5. There has to be a balance between the government’s right to be protected against broadcasts which incite listeners to overthrow it, and the people’s right to be informed. 6. The freedom to comment on public affairs is essential to the vitality of a representative democracy. 7. Broadcast stations deserve the special protection given to all forms of media by the due process and freedom of expression clauses of the Constitution.

Prepared by: Katrina S. Diploma

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