Lawmakers push decriminalization of libel

Senators Jinggoy Estrada and Manuel Roxas II are seeking the decriminalization of libel because it is allegedly being used by some influential people in harassing journalists.

Roxas wants to strike off from the statute books all criminal liabilities attached to libel and guarantee public access to information to advance freedom of the press and democratic governance.

Estrada said he would push for the approval of his bill decriminalizing libel and abolishing its penalty of imprisonment.

“The country’s libel law has been abused by influential people, especially in government, as a tool of repression, aimed at intimidating and silencing journalists and other persons who criticize them and expose their illegal or immoral acts,” Estrada said.

Under the Revised Penal Code, a person convicted of one count of libel faces up to six years and one day in prison, and a fine of up to P6,000.

In a statement from the United States, Roxas urged President Arroyo to certify his bills decriminalizing libel (SB 110) and his Free Information Act (SB 109) to substantiate her avowed commitment to human rights.

“The libel law has been used to inflict fear on journalists already saddled with the threat of physical harm when reporting events to the ire of the high and mighty,” Roxas said.

He argued that civil damages are enough penalty and deterrence for libel, considering that it is difficult to prove malice.

According to Roxas, it is ironic that while claiming to be a beacon of democracy in Asia, the Philippines suffers from vicious shootings of reporters.

SB 110 also limits the venue for filing libel suits to the regional trial court where the media office or address of the charged journalist is located.

“Presently, one can file a libel suit virtually anywhere and leave a reporter without legal or financial means (to answer the suit),” Roxas said, adding that information on matters of public interest must be readily made available to the people under pain of sanctions against errant government officials. He cited as an example the government’s questionable $330-million broadband deal with China’s ZTE Corp.

SB 109 requires government agencies to respond to all written requests for information within two days, subject only to the payment of reasonable fees for viewing or reproduction.

Penalties are levied against officials or employees who knowingly and unjustly refuse to provide access to information, or who consciously release false or misleading information.