Press Release
August 29, 2007

Loren files bill removing imprisonment as penalty for libel

Senator Loren Legarda has filed a bill (SB No. 223) seeking to remove the penalty of imprisonment in the crime of libel, explaining that members of media should not be discouraged to perform their duties with zeal and vigilance.

But in order to discourage, if not totally deter, the commission of libel, Loren said the imposition of a higher fine instead of imprisonment on offenders should be sustained.

"Instead of looking deeply into issues that have a potential of affecting public interest and general welfare, the penalty of imprisonment has paved the way for members of media to approach their mandates with doubts and hesitation," said Loren.

"We cannot have that in a country where democracy is primarily infringed on the freedom of speech and expression, and where media is considered the Fourth Estate," she added.

At present, a person guilty of committing libel is penalized with imprisonment ranging from one month and one day to six years, aside from the fine ranging from P200 to P6,000.

Under Loren's bill amending the Revised Penal Code, the fine for libel by means of writing or similar means will range from P100,000 to P300,000.

The fine on threatening to publish libelous material, on the other hand, will range from P50,000 to P100,000; while the fine for the publication referred to in the course of official proceedings will be from P100,000 to P300,000.

"Although this bill abolished the penalty of imprisonment, it has increased the amount of the fine imposed to allow the law to accomplish its purpose of penalizing libel and deterring would be violators," said Loren in the bill's explanatory note.

Libel is defined under Article 353 of the Revised Penal Code as "a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit or contempt of a natural or juridical person, or to blacken the memory of one who is dead."

To be liable for libel, the following elements must be shown to exist: (a) the allegation of a discreditable act or condition concerning another; (b) publication of the charge; (c) identity of the person defamed; and (4) existence of malice.

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