Finally, the Independent Commission for Infrastructure (ICI) approved the live streaming of its public proceedings after guidelines governing the broadcast were completed.

Permission for live broadcast is not absolute and is subject to several key limitations, including the conduct of executive sessions, primarily focused on safeguarding national security, witness safety, and the integrity of ongoing investigations.

Citing Sections 7 and 28 of the 1987 Constitution, which guarantee the public’s right to information on matters of public concern, the ICI said that live streaming “will be in accordance with the said provisions… and in line with the ICI’s adherence to the principles of transparency and accountability.”

The guidelines acknowledge legal precedents and existing laws that establish exceptions to the right to public disclosure by ensuring that sensitive information remains protected.

Under the guidelines, the ICI reserves the right to withhold certain portions of its proceedings from live public viewing, drawing on established exceptions within jurisprudence and law, including the Rules Implementing the Code of Conduct and Ethical Standards for Public Officials and Employees (R.A. No. 6713).

The following circumstances constitute grounds for prohibiting or limiting live broadcast, effectively allowing the ICI to enter what are known as executive sessions:

• National Security and Foreign Affairs: Information that must be kept secret in the interest of national defense or security or the conduct of foreign affairs.

• Witness and Individual Safety: Disclosure that would put the life and safety of an individual, particularly witnesses or informers, in imminent danger. The guidelines specifically reference the “informer’s privilege” and the confidentiality requirements of the Witness Protection, Security and Benefit Act (R.A. No. 6981).

• Investigatory Interference: Disclosure of investigatory records or information that would: (a) interfere with enforcement proceedings, (b) deprive a person of the right to a fair trial or impartial adjudication, (c) disclose the identity of a confidential source, and (d) unjustifiably disclose investigative techniques and procedures.

• Established Privilege: Information falling within the concepts of established privilege or recognized legal exceptions, such as drafts of decisions, orders, or policy memoranda.

• Personal Privacy: Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.

The cautious approach of the ICI invokes previous Supreme Court resolutions concerning high-profile criminal trials, such as the cases of former President Joseph Estrada and the Maguindanao Massacre.

In the Maguindanao Massacre case, the Supreme Court allowed live broadcasting pro hac vice (for this one occasion) but mandated strict guidelines, including:

• No Selective Coverage: The broadcasting must be continuous and cover the proceedings in their entirety.

• Controlled Cameras: Only a single fixed, inconspicuous camera operated by a designated official was allowed, with no panning or zooming, to maintain the dignity and solemnity of the proceedings.