Article 19 of both the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights affirm the nature of the right to seek, receive, and impart information as a universal human right.
Access to timely and relevant information empowers the people to make sound decisions, as well as to participate in matters of governance, which is a crucial facet of a vibrant, working democracy.
Mass media are active partners or agents in ensuring the enjoyment by all of this right. When the State restricts the role of media to perform such task, not only does it create a chilling effect (that stifles the voices of those who do not follow the State’s proclamations), it also violates every person’s human right to information.
While Congress under the Constitution has the right to amend, alter, or repeal franchises granted to mass media, such right cannot be exercised arbitrarily or whimsically. The power of Congress granted under the Constitution is not absolute, and should be guided by equally paramount principles also found in the Constitution, including full respect for human rights (Art. II, Sec. 11); role of communication and information in nation building (Art. II, Sec. 24); prohibition on the restrictions on freedom of the press (Art III, Sec. 4); and the right of people to information on matters of public concern (Art. III, Sec. 7).
Hence, in deciding on matters of broadcast franchises, we urge the government, both executive and legislative, to be guided by the people’s right and welfare as the primordial interest in the renewal or approval of any media organization’s franchise.