In the age of social media and citizen journalism, the line between public interest and judicial integrity is often tested. While the Philippine Constitution guarantees the right to a public trial and the freedom of the press, these rights are not absolute. Inside a temple of justice, the "dignity of the court" and the "right to a fair trial" take precedence.
The Supreme Court of the Philippines has established clear guidelines regarding the use of cameras and recording devices within court premises to ensure that the administration of justice remains orderly, impartial, and free from undue influence.
1. The General Rule: The Prohibition
As a general rule, photography, video recording, and live streaming are strictly prohibited inside the courtroom during sessions. This prohibition extends to the use of mobile phones for the purpose of capturing images or audio of the proceedings.
The rationale is twofold:
- Witness Protection and Integrity: Cameras can intimidate witnesses, affecting their testimony and demeanor.
- Judicial Decorum: The presence of recording equipment can turn a solemn legal proceeding into a "media spectacle," potentially influencing the behavior of lawyers, judges, and litigants.
2. Legal Basis: Key Jurisprudence and Circulars
The restrictions are primarily governed by the following:
- Supreme Court En Banc Resolution (September 22, 1991): This remains the foundational rule. It explicitly prohibited live radio and TV coverage of court proceedings.
- The Sub Judice Rule: This rule restricts comments and disclosures regarding judicial proceedings to avoid prejudging the issue, influencing the court, or obstructing the administration of justice. Capturing and releasing unauthorized footage often violates this principle.
- A.M. No. 01-1-01-SC: While the court occasionally allows recording for educational or archival purposes, these are subject to stringent conditions and prior approval.
3. Exceptions and Special Permissions
While the ban is the default, there are specific instances where recording may be allowed:
- Ceremonial Events: Photography is usually permitted during the taking of oaths (e.g., new lawyers or judges) or retirement ceremonies, provided it does not disrupt the solemnity of the event.
- Supreme Court En Banc/Division Sessions: Occasionally, for cases of extreme national importance, the Supreme Court may allow its own Public Information Office (PIO) to livestream proceedings (e.g., Oral Arguments on the Anti-Terror Law or the Reproductive Health Law).
- The "Estrada" and "Marcos" Precedents: In landmark cases like Estrada v. Desierto, the Court allowed filming solely for archival purposes—not for live broadcast—to preserve an accurate historical record of the trial.
4. Use of Mobile Phones and Electronic Devices
Under the Internal Rules of the Supreme Court and various Regional Trial Court (RTC) guidelines, the following apply to the public and litigants:
- Phones must be on silent or turned off upon entering the courtroom.
- The act of holding up a phone as if to record is often enough for a sheriff or security officer to confiscate the device or escort the individual out.
5. Penalties for Violations
Unauthorized recording or the publication of such material can lead to severe legal consequences:
| Violation | Potential Penalty |
|---|---|
| Contempt of Court | A judge may cite an individual for direct or indirect contempt, resulting in fines or imprisonment. |
| Confiscation | Court security is authorized to seize the device used for unauthorized recording. |
| Administrative Sanctions | If the violator is a lawyer, they may face disciplinary action under the Code of Professional Responsibility and Accountability (CPRA). |
6. Media Coverage and the "Public Trial"
The "right to a public trial" means the doors are open to the public to observe; it does not grant a right to broadcast. Members of the press are generally allowed to take notes manually or use laptops for text-based reporting, but they must strictly adhere to the "no-camera" policy unless a specific petition for coverage is granted by the Court.
Summary of Guidelines
- Seek Prior Clearance: Any request for photography or filming for documentaries or news must be filed via a formal letter to the Office of the Court Administrator (OCA) or the specific Presiding Judge.
- Respect the Sub Judice Rule: Even if a photo is taken legally (e.g., in the hallway), its publication must not tend to influence the outcome of an ongoing case.
- Privacy of Minors: Under the Rule on Examination of a Child Witness, the identity and images of minors involved in cases are strictly protected. Recording them is a criminal offense under various special laws.