KBP may question Right of Reply bill before SC

MANILA, Philippines – Should the Right of Reply bill (RORB) be passed in Congress, a media organization on Thursday said it may raise the legality of the matter before the Supreme Court. Herman Basbaño, president of the Kapisanan ng mga Brodkaster sa Pilipinas (KBP), insisted that the measure granting a right for redress to persons negatively portrayed by media encroaches upon the freedom of the press. "I think it will reach the Supreme Court," Basbaño said in Filipino in an interview on dzBB radio. Article III, Section 4 of the 1987 Constitution stipulates that: "No law shall be passed abridging the freedom of speech, of expression, of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances." Basbaño said that the RORB – which seeks to punish media firms through imposition of fines, closure and imprisonment if they fail to immediately give the complainant an equal airtime for broadcast reports or equal space in newspapers – may be violative of media’s rights enshrined in the Constitution. The Senate (SB 2150) and the House’s (HB 3306) versions of the "access to media" proposals were born out of an attempt to ease the tension triggered by the "clash" between the freedom of speech and the right to protect one’s reputation. The Senate passed the bill in July 2008, while its version at the House of Representative remains pending. In a separate dzBB interview, Bacolod City Rep. Monico Puentevella said that they are pressing for the swift passage of the bill, adding that it may even be passed on second reading on Monday next week. "We are going to take it up on Monday at kung mapasa ito sa second reading ay tuloy-tuloy na [if it will be passed on the second reading, it’s all systems go]. We have already been delayed too much," said Puentevella, principal author of the House version of the bill. Puentevella also said that they may "soften" the bill by introducing amendments in light of the mounting uproar against RORB. But But Basbaño, who is also vice president and chief operating officer of Bombo Radyo, said that "softening" the bill is not enough. "The support should be withdrawn," he demanded. Sword of Damocles Basbaño also stressed that that the RORB will be a Sword of Damocles over the heads of media practitioners. He added that there is a need for legislation that allows an individual to air his side to media because such right is already provided for in the KBP’s Broadcast Code. But Puentevella and Sen. Aquilino Pimentel Jr., who authored the Senate version of the bill, said that they acknowledge the existence of the KBP’s Code. Pimentel, in another dzBB interview, said they acknowledge that there are media practitioners who practice fair and ethical journalism. But Pimentel and Puentevella said that what the RORB aims to curb is the incidences in the provinces where local media stations and newspapers are being used "by powerful people" in politics to attack their opponents. "There are others within the province, especially in Mindanao na talagang ginagamit ang media na paninira [who take the advantage of the media to criticize their opponents]," Puentevella said. "[The bill] is to make sure that this is not done by powerful people…The media has been penetrated by scoundrels," he added. Pimentel also said that while the KBP may have its code of ethics that requires for a balanced take on news stories, "not everyone is part of KBP." But for his part, Basbaño lashed back at the lawmakers and said: "We’d rather have a media that is imperfect rather than one that is stifled." Pimentel welcomes KBP’s move In the interview, Pimentel said he is open to the possibility of the Right of Reply bill being raised before the Supreme Court. "This is a free country. Buhay ang demokrasya. Alam ko hindi lahat ng tao, ‘di sang-ayon sa ating pananaw pero bigyan natin sila ng pagkakataon. Huwag lang tayong maging personal," Pimentel said. [This is a free country where democracy exists. I know that not everyone will agree with my views but let us give them a chance to air their side. I just hope that this will not be a personal attack against me.] For his part, National Union of Philippine Lawyers (NUPL) secretary general Neri Javier Colmenares had earlier discouraged the matter being elevated to the High Court, which he said should be the last resort. In an earlier press conference, Colmenares said that should the SC rule in favor of the enactment of the legislation, the decision may be binding and final – something disadvantageous to media. - GMANews.TV