Libel is a form of indiscriminate censorship. It is a form of defamation that is written or published. In the Philippines, there are at least two types of libel which are governed by the Revised Penal Code and the other under the Cybercrime Prevention Act of 2012.
Libel is considered a criminal offense and is punishable by imprisonment and/or a fine. To prove libel, the following elements must be present: 1) a defamatory imputation; 2) malice; 3) the imputation must be published; and 4) the imputation must be directed to a specific person or group of persons.
Citizens may use libel lawsuits or the threat of such to intimidate or punish journalists, activists, and other individuals who speak out against them. With the weaponization of libel laws in the Philippines to repress basic human rights and impart a chilling effect on freedom of speech and the press, calls for its decriminalization grow.
Opposition Senator Risa Hontiveros filed a bill that seeks to decriminalize libel, her office confirmed on December 13 last year. Senate Bill No. 1593, known as the “Decriminalization of Libel Act,” repeals several articles of the Revised Penal Code (RPC) referring to libel, as well as the Cybercrime Prevention Act of 2012.
Hontiveros stressed that in order to truly defend press freedom, the decriminalization of libel is needed. It is worth noting that the filing was announced almost at the same time as the conviction of Baguio City journalist and Rappler contributor Frank Cimatu of cyber libel.
Libel laws have been used and abused by private parties to advance their various interests, and by public personalities to shield themselves from public scrutiny, even on matters of public concern. Furthermore, libel is also the weapon that government officials and politicians use in dealing with criticism. By making libel a criminal offense, the government can silence voices that may be critical of its actions and policies.
Some of the prior strategies include detaining and arresting critics on what may be fabricated charges; red-tagging activists, lawyers, and judges who voice opinions contrary to those of the administration; and the anti-terrorism law that labels opposition voices as “communist terrorists” who may be detained for weeks even without charges. This is particularly concerning in a democratic country, where the public has the right to know what their government is doing and to hold it accountable.
The cyber libel indictment filed against Nobel Peace Prize laureate Maria Ressa, the CEO of Rappler, sets an even more alarming tone for how the government regards the role of media. Hontiveros emphasized that it demonstrates how libel laws are applied to journalists “who are just doing their job." Filing cyberlibel lawsuits appears to be the go-to response for officials who can not seem to grasp that as public workers, they are open to public scrutiny. Thus, denying ordinary citizens access to important critical information.
Moreover, such charges can cause the gagging of media practitioners, the concealment of the truth from public knowledge, prior restraint and chilling effect, and making people incapable of gaining a meaningful understanding of various public issues that are of paramount concern, according to ACT Teachers party-list Rep. France Castro who previously introduced a similar bill.
Libel laws in the Philippines are outdated. The Philippine Supreme Court declared in 2021 that it is highly improbable that criminalizing libel is lawful. Without a doubt, the fact that defamation and other comparable activities are unlawful in the country makes it a weapon against the critical press; they added that civil sanctions for defamation were "more consistent with our democratic norms." The fact that there are currently more authoritarian than democratic governments in the world serves to emphasize this even more. The underlying message is that protecting the press is crucial right now more than ever.
Negating this weapon would be a great loss for crooked government officials. Stripping them off of this recourse would uphold true democracy. Thus, promoting freedom of speech and the press, while also protecting citizens from powerful individuals who may use the threat of a libel case to silence their critics, and providing a more proportionate response in holding individuals accountable without the severe penalties of a criminal conviction.
Instead of suing for every perceived offense, politicians should learn how to handle criticism through open dialogue and transparency in their dealings. Simply changing the law should be the first step. The Philippine government must stop pursuing abusive lawsuits against journalists who are only doing their job to expose official malfeasance; it also must ensure the journalists' safety by addressing the serious threats they confront.
Article: Rupert Liam G. Ladaga
Graphics: Darren Waminal
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