Lawmakers want libel ‘decriminalized’

Two party-list lawmakers have filed anew a bill seeking the "decriminalization" of the act of libel, presently considered under Philippine laws as a crime punishable with a jail term and a fine. Bayan Muna Representatives Teddy Casiño and Neri Colmenares filed House Bill (HB) 1009 seeking to amend the law such that libel would no longer be considered a crime but merely a civil offense. The Revised Penal Code (Article 355) states that libel "is punishable with prision correccional in its minimum and medium periods or a fine ranging from 200 to 6,000 pesos, or both, in addition to the civil action which may be brought by the offended party." The lawmakers said existing libel statutes are inconsistent with the Constitution and are a hindrance to the people's right to know. Casiño said the intent of the libel law is to protect private citizens from unwarranted damage to their reputation. The lawmaker noted however that on many occasions, libel has been used by some public officials as a tool to muzzle an independent press or shield subjects of reporting from so-called media abuse. “It is the convenient and predominant way for the powerful to harass and silence critical and opposing voices and consequently, the people's right to know," he said. He further said libel laws violate the constitutional right to press freedom and the presumption of innocence. In HB 1009, Casiño and Colmenares are seeking the repeal of Articles 353, 354, 355, 356, 357, 360, 361, and 362 of Act No. 3815 that specify libel in the Revised Penal Code. "The bill clearly aims to remove the Sword of Damocles hanging over media practitioners’ heads, especially those who ferret out wrongdoings and anomalies in government," he added. Casiño explained that even if libel is decriminalized, an offended party may still file for civil damages based on Articles 19 and 26 of the Civil Code of the Philippines. A media practitioner may be held civilly liable for damages by violating Article 19 of the Civil Code which enjoins media persons to act with justice and to observe honesty and good faith when exercising their rights and performing their duties. On the other hand, Article 26 of the Civil Code reminds the media of their duty to respect the dignity, personality, privacy, and peace of mind of others or they could be held civilly liable for damages for violations thereof. In the previous (14th) Congress, militant party-list representatives Casiño and Colmenares filed HB 3535, supported by the National Union of Journalists of the Philippines (NUJP) and the UP College of Mass Communication, among others. The bill was later consolidated with other similar proposed measures and renamed HB 5670. Casiño and fellow progressive legislators later withdrew their authorship from the consolidated HB 5760, saying it did not carry the intent of the bill they earlier filed because it retained imprisonment as a penalty and further increased the fines for libel. – VVP/KBK, GMANews.TV