Monday, January 28, 2008 Seares: Fine, but no thanks, Mr. Puno By Pachico A. Seares News Sense
BEFORE journalists jump up and down over the news that Supreme Court (SC) Chief Justice Reynato Puno will issue a circular, urging judges to slap a fine instead of jail term as penalty for libel, they may well consider these:
- The circular won’t amend the law. Libel will remain a crime and punishable with imprisonment or fine or both;
- Judges may not heed the memo, which merely encourages and doesn’t order. Even if he wants to, Mr. Puno has no power to change the law.
- Risk of imprisonment in libel is slim. Most journalists don’t recklessly disregard other people’s honor. Few do and they deserve not just life in jail. Shred their press cards and bodily restrain them 10 feet away from the newsroom or broadcast station.
What they dread
- Most journalists don’t dread imprisonment, as finding of guilty in libel rarely happens. A long line of SC cases has serially upheld the journalist and a free press. What editors, reporters, and publishers (who pay lawsuit bills) fear and scorn is being dragged to litigation that a fiscal or judge might not see for what it is: means to harass and vex.
- Some judges might think that imposing fine gives them room to appease complainant and press. Conviction of the accused must rest on facts and law. Still, prospect of a trade-off tempts.
Libel laws are stacked against the press. Journalists can be sued on anything that “tends” to dishonor or discredit, etcetera. And presence of malice is presumed even before the judge bangs the gavel.
Why not instead, Chief Justice Puno sir, a memo encouraging judges to shoot infirm libel complaints on sight?
