Press Release
January 28, 2008

SC CIRCULAR ON LIBEL WELCOME BUT ESCUDERO WANTS TOTAL REVOCATION OF ALL PENALTIES

Opposition senator Chiz Escudero continues to pitch for the total decriminalization of libel, removing both the penalty of imprisonment and fine, even after the Supreme Court came out with a circular instructing all judges to give preference for the imposition of monetary penalty instead of imprisonment for those who will be convicted of libel.

"While the Supreme Court circular is a welcome thing to the constantly besieged Philippine media, the fact still remains that libel is still a criminal offense in this country thus the pressure is still there that can be used by people with malicious intent against members of the fourth estate"

Escudero said the pressure brought about by libel is not limited to fine alone and even imprisonment but also the threat of having an existing criminal record in law enforcement agencies, and the courts".

Escudero said he wanted libel by means of writing and other similar means reduced into a mere civil case. In Senate Bill No. 1403, one the first bills he filed when he assumed office in the senate, repealing or modification of all laws, executive orders, decrees instructions, rules and regulations treating libel as a criminal case is sought.

The senator said slapping monetary fine, and even foregoing imprisonment, if at all by the Supreme Court circular does not remove the fact that the restraint of liberty, the threat of harassment and intimidation can be used as a weapon by erring individuals especially from the government against journalists.

"We really need to reform our libel law because the existing ones we have right now is no longer applicable to the present situation. Recent events have indicated vicious cycles of impunity among authorities against the press. Libel is just one form that can be used against them by these quarters".

While seeking to accord greater protection to freedom of the speech and expression, Escudero said the bill does not take away completely the remedies accorded by law against an abusive and irresponsible media since, like any other criminal offense, civil liability still subsists. Hence, an aggrieved party can always claim damages.

The bill has been read on the first reading in the Upper House and has already been referred to the Committees on Constitutional Amendments, revision of Codes and laws and the Public Information and Mass Media. Escudero said he will ask the committees to hear SB No. 1403 when Congress opens its sessions for the year.

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