'Reply' bill pushed as early as 1972

MANILA, Philippines - The controversial Right of Reply Bill (RORB) has been on the wrong side of history, proposed as early as 1972 but failed to pass due to lack of public support, Sen. Francis Escudero said yesterday.

Even before martial law was declared in 1972, a similar proposal, Senate Bill No. 903, was sponsored by then Senators Ambrosio Padilla, Mamintal Tamano and Rene Espina, he said.

Escudero said there had been many attempts to curtail press freedom but these have been rejected by the people and by media.

In a statement, Escudero cited the National Press Club in 1972, then led by Eddie Monteclaro, which pointed out “the right to reply is better realized through editorial discretion and voluntary acts rather than through forcible dictation through state machinery which infringes upon a basic freedom.”

Escudero also cited the NPC position paper presented during a Senate hearing in May 1972.

It stated the only legal remedy for aggrieved public officials and personalities is to file criminal charges for libel or slander.

According to Escudero, the issues raised in the Senate bill filed in 1972 were basically the same as the proposal made by Sen. Aquilino Pimentel Jr.

He said the bill did not prosper and languished at the committee level and was eventually overtaken by the imposition of martial law.

Escudero proposed a full dialogue with the media over the proposed measure that seeks to address issues such as irresponsible and malicious reportage or commentary and the presence of scalawags in media.

The current public debate on Pimentel’s bill, Escudero said, has given the media the opportunity to review and put in place mechanisms that will respond to these concerns.

“If it becomes law, the right of reply could become a tool for the unscrupulous and the corrupt, who have the means to handcuff the media. It also puts an additional burden on media which is already saddled with a libel law that treats journalists as criminals,” Escudero said.

He said Congress cannot legislate responsibility. “The issues have been joined. It is time for closure. It did not pass the first time; it will not pass this time. I have crossed the line. I stand on the side of press freedom,” he said.

Escudero stressed his position against the RORB had nothing to do with his reported plans for the 2010 elections.

“Rather, it has everything to do with imposing unnecessary restraints on media,” he said.

Escudero is among the perceived presidential hopefuls that opposed the RORB.

The other presidential hopefuls like Senators Loren Legarda, Manuel Roxas II and Manuel Villar Jr. have withdrawn their support for the measure, which they branded as “anti-press freedom.”

Pimentel, on the other hand, stressed the RORB has merit since it would emphasize the rule of fair play by the media and personalities involved in the story.

He was supported by six other senators – Gregorio Honasan, Edgardo Angara, Joker Arroyo, Richard Gordon, Panfilo Lacson and Senate Majority Leader Juan Miguel Zubiri – who stood by the bill, saying RORB was only for fairness or always getting the two sides of the story.

‘Sunset clause’

Pimentel added that he has incorporated a “sunset clause” in the RORB that provides a prescription period for the effectivity of the law of at least five years.

He said the sunset clause allows the measure to expire in five years “once responsible media organizations show their capacity to police their own ranks.”

Pimentel discussed the merits of the proposal, which he said would also lessen court litigation, save money and time and compel media practitioners to be more responsible in the exercise of their profession.

Pimentel maintained the RORB would not curtail the freedom of speech and press since the proposal imposes no prior censorship.

He said the RORB would actually expand the rights of free speech, which is not limited to the rights of the journalist.

Pimentel called on critics to appreciate the merits of RORB, pointing out the measure would actually level the playing field in the media.

Pimentel led several senators in declaring Congress should go ahead with the passage of the controversial proposal.

Even officials like Justice Secretary Raul Gonzalez expressed preference for the passage of the bill.

Gonzalez asserted that the RORB would regulate the media industry and require journalists to always get the two sides of the story.

Speaker Prospero Nograles led several lawmakers in the House of Representatives in support of the bill.

Nograles, however, ordered the suspension of the floor deliberations over the RORB until after the inputs of media organizations are obtained.

Malacañang, on the other hand, left it up to Congress to enact the controversial measure.

Executive Secretary Eduardo Ermita said Malacañang would await the final outcome of the RORB in Congress.

“Lawmaking is the function of Congress and the Office of the President cannot and will not make any statement on the fate of that bill until after they have finally finished their actions in both (chambers of) Congress and it finally reaches the Office of the President,” Ermita said.

Ermita noted the increasing opposition to the RORB but clarified that Malacañang has not taken an official stand on the issue.

Ermita denied reports that President Arroyo is set to veto the RORB once it lands on her desk.

“It’s not true that there is any official statement, whatever has been published. We cannot preempt the action to be taken by the President. So we will just wait for that,” Ermita said.

Press Secretary Cerge Remonde said President Arroyo would not allow the passage of any measure that will abridge the freedom of the press.

“We believe that press freedom is better abused than being curtailed, even though ironically the President has been a victim of abuse by certain sectors of the media,” he said.

Remonde said the issue should be handled by Congress.

“The efforts of all those who are opposing it should be concentrated on the leadership of both houses of Congress,” he said.

On the other hand, Herman Basbano, president of the Kapisanan ng Broadkaster ng Pilipinas (KBP), said the RORB should not be enacted into law as it would intrude into editorial prerogatives.

Should the RORB become law, Basbano said it would certainly constrict the airtime of radio stations.

Basbano said there is no need to enact such a law since the KBP, in the case of the broadcast media, has already adopted the right of reply policy to allow the airing of both sides of a story. – With Perseus Echeminada and Jose Rodel Clapano