Jinggoy moves to decriminalize libel

Opposition stalwart Sen. Jinggoy Estrada declared he would push for approval by the 14th Congress of his bill decriminalizing libel, abolishing the law's 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 noted.

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.

The National Union of Journalists of the Philippines (NUJP) said the libel law "has been abused and exploited to harass media practitioners, tramples on the basic rights to a free press and to free expression, and opens the door to abuse of authority." For its part, the International Federation of Journalists (IFJ) said it is an "outdated, excessive and unreasonable law."

The media groups had particularly cited First Gentlemen Mike Arroyo's filing of libel cases against 46 journalists since 2003. Estrada himself was respondent to a libel case filed by Arroyo in 2006 for the solon's statement in the Senate regarding smuggling.

Among media practitioners jailed recently due to libel cases were: Jofelle Tesorio of Asia News Network (case filed by former Palawan congressman Vicente Sandoval Sr.); dxMF Bombo Radyo Davao commentator Alex Adonis (case from Davao congressman Prospero Nograles); dzRH radio's Bicol correspondent Jun Alegre (by an electric cooperative official); and Newsbreak online coordinator and writer Gemma Bagayaua (by former Ilocos Sur Governor Luis 'Chavit' Singson).

Estrada quoted Atty. Theodore Te of the Free Legal Assistance Group (FLAG) who said, "Under the public figure doctrine in New York Times vs. Sullivan, honest criticism of the conduct of public officials and public figures are insulated from libel."

University of the Philippines law professor Harry Roque said the International Covenant on Civil and Political Rights (ICCPR) to which the Philippines is a party states that "everyone has the right to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers."

"Socially-relevant information must flow freely and enjoy open debate and public discussion. Making libel civil in nature and by just increasing the imposable pecuniary penalty, I believe, could already serve the purpose of ensuring responsible dissemination of information," Estrada said.