The Independent Commission for Infrastructure (ICI) has issued a new set of live streaming guidelines that will govern the public broadcast of its hearings and proceedings conducted under Executive Order No. 94, which created the commission to investigate anomalies in government flood control and infrastructure projects.
The document cites multiple constitutional provisions and Supreme Court rulings supporting transparency in government while outlining conditions where access to information may be limited.
These include matters involving national security, ongoing law enforcement operations, confidential sources, privileged information, and personal data that may constitute an unwarranted invasion of privacy. The guidelines also reference standards established in previous landmark cases, including the audio-visual coverage rules applied in the trial of former President Joseph Estrada and the proceedings related to the Maguindanao massacre.
Under the new rules, all ICI hearings covered by Section 2 of EO 94 will generally be subject to live streaming unless the commission decides to hold an executive session to comply with legal or security requirements. Other government agencies, resource persons, and witnesses may also request executive sessions subject to ICI approval.
Media entities seeking to cover or broadcast the proceedings must apply formally to the ICI and certify that they have adequate equipment and technical capability.
No media organization may livestream the hearings without prior approval. The ICI may suspend, recall, or revoke approved applications if it determines violations of the guidelines or any act detrimental to the commission’s mandate.
The guidelines place the conduct, manner, and procedure of all audio-visual recordings under the exclusive control of the ICI. Equipment operation will be handled solely by the commission, and the transmittal of recordings to media entities must be carried out in a manner that minimizes disturbance and maintains confidentiality and solemnity.
The rules require the use of technology that avoids intrusive cabling, reduces technician movement, and prevents disruptions. The ICI may also limit media access to designated areas or require the use of common web broadcasting platforms.
Recordings will be protected by appropriate safeguards, including encryption, and the ICI may impose measures such as pixelization, audio muting, or redaction of documents when necessary under prevailing laws. Live broadcasts will not include voice-overs, except for brief annotations placed at the start or end of scenes. Repeat airing of the recordings is prohibited without prior written approval, except for brief news excerpts.
The document authorizes the ICI to issue supplementary directives, suspend or stop live streaming in case of probable violations of law, and enforce penalties against unauthorized recording, reproduction, or streaming of proceedings. Administrative, civil, or criminal liabilities may apply to violators.
The Secretariat is mandated to study and recommend technical and administrative measures for implementing the guidelines, including consultations with experts. The rules apply retroactively to testimonies and submissions previously given before the ICI by witnesses or resource persons who consented to public access.
