EASTERN BROADCASTING CORPORATION (DYRE)
VS. HON. JOSE P. DANS
(G.R. No. L-59329 July 19, 1985)
FREEDOM OF EXPRESSION
FACTS
1. The radio station DYRE was closed on the allegation that
their station was used to incite people to rebellion, a crime
against national security.
2. The station claimed that there was no substantial proof that
there was an attempt to incite rebellion, no hearing to settle the
issue, and no prior notice about the charges against them were
sent to the station. Thus they filed a complaint as they were not
given due process, and the closing of the station violates
freedom of expression.
3. The station was sold to a new owner and the case was moot
and academic, but the court decided on it for future reference
and as a means of guidance for the courts.
ISSUE
WON the closing of the station violated the freedom of
expression
HELD
YES.
The court stressed that all forms of media, whether print or
broadcast are entitled to this constitutional right. Although the
government still has the right to be protected against broadcasts
which incite the listeners to violently overthrow it. The test for
the limitation of freedom of expression is the clear and present
danger rule. If in the circumstances that the media is used in
such nature as to create this danger that will bring in such evils,
then the law has the right to prevent it.
Without proof of any danger to the government and country,
the closing of the station was a violation of the constitution.
The people have a right to be informed. Radio and television
would have little reason for existence if broadcasts are limited
to bland, obsequious, or pleasantly entertaining utterances.
Since they are the most convenient and popular means of
disseminating varying views on public issues, they also deserve
special protection.
Petiton is GRANTED