Sunday, March 09, 2008

Use of Libel Laws To Muzzle Press

Juan P. Dayang, president of the Publishers Association of the Philippines, Inc. (PAPI) recommended the decriminalization of libel. This will avoid its being used to muzzle the press in performing its solemn duty of providing adequate and truthful information that affects the well-being of our people.
“Persons or organizations guilty of libel should suffer a reasonable fine, depending on the gravity of the offense, but they should not suffer imprisonment.” Dayang explained to the joint Senate committees on Constitutional Amendments, Revision of Codes and Laws chaired by Senator Richard Gordon and the Public Information and Mass Media chaired by Senator Bong Revilla.
In a position paper, Dayang informed the Senate committees that the threat of a libel suit is often used to prevent the media from reporting or discussing issues that are of paramount interest to the public.
Dayang’s sentiment was earlier acknowledged in a recent message made before the International Conference on Impunity and Press Freedom by Chief Justice of the Supreme Court Reynato S. Puno who said that international organizations had identified two threats to freedom of expression and the free flow of information and ideas: censorship by killing and the abuse of restrictive defamation and libel laws.
Dayang also expressed to the Senate hearings that even the Supreme Court has recently advised local judges to impose fines, not imprisonment, on persons convicted of libel. “Libel law is grossly outdated” and violates the constitutional guarantee that “every accused is presumed innocent until proven guilty,” he added.
“In many libel cases filed against journalists, the burden of proof lies always on the accused, not on the complainant, a burden that too often causes many news organizations to shy away from publishing controversial stories”, he pointed out.
To bolster his argument, Dayang cited past instances wherein corrupt government officials and their accomplishes, whether in the public or private sector, have used the libel law to silence their critics or their perceived enemies in the media.
“We in the media are fully aware of our grave responsibility to purvey accurate information, but it is also important that the press enjoys a wide latitude in deciding what to publish in the interest of truth and the public good,” Dayang said. /MP

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