Saturday, March 15, 2008 Nalzaro: Vice governor's harassment claim By Bobby G. Nalzaro
Getting sued for libel is one of the hazards of the media profession. Media people are susceptible to this hazard especially if one is an opinion maker. Efforts to decriminalize libel have not prospered even with media’s complaint that it is often used to harass journalists.
There is now a debate in Congress on pending bills for the decriminalization of libel. Some legislators are pushing for total repeal while others want to retain the civil aspect, similar to what the Supreme Court said in its memorandum circular encouraging judges to impose fines instead of prison term. There are also proposals to classify libel into political and personal.
Aksiyon Radyo station manager Carlo Dugaduga’s recent arrest and detention would not have sparked some uproar in the broadcast media had the bail recommended by the Talisay City Prosecutor's Office not been excessive. City Prosecutor Marshall Rubia said it was based on the stature of the complainant, Vice Gov. Greg Sanchez, and the degree of the “libelous remarks.”
As a broadcaster, I understand Carlo’s predicament. He was charged with libel for a crime he did not commit. It was filed in his capacity as manager of the radio station where the alleged “libelous statements” were uttered by block time commentator Gilbert Wagas.
Is it necessary to include station managers, publishers and editors-in-chief in the filing of libel suits? That depends on the complainant. In the 24 times I was charged with libel (radio and newspaper), my station managers and the station owners, and my editor and publisher, were also sued. The late judge Martin Ocampo cited me for contempt of court and penalized me, together with Sun.Star Cebu editor-in-chief Pachico Seares and the paper’s publisher.
But that’s not always the case. Some spare editors and station managers from libel suits.
I am not questioning the vice governor’s action against Wagas and Dugaduga. It is his right. But being also a radio station owner and broadcaster, Sanchez should have exhausted other moves before going to court. He should have brought to the management of Manila Broadcasting Co., Aksiyon Radyo's mother network, Wagas’ alleged on-air abuses. No owner or station manager will tolerate acts of abuse by staff announcers or blocktimers.
Or why did Sanchez not file a complaint with the Kapisanan ng mga Brodkaster ng Pilipinas (KBP)? From what I gathered, Sanchez filed a complaint only on Wagas’ unsettled account in Bantay Radyo, his radio station, and not on Wagas’ conduct as a commentator. Former KBP chairman Ed Abad acted on Sanchez’s complaint and summoned Wagas, who promised to settle his obligation with Bantay Radyo.
Now, Greg is accusing KBP members of overacting and harassing him when they held a pooled broadcast and criticized him. Well, the KBP members were just expressing their sentiments and sympathizing with a colleague.
But who is harassing who? In the first place, Greg should have spared Carlo from the charges because he knows that he was not the one who besmirched his reputation and that of his product. What will Greg feel if somebody files a libel case against his announcers and includes him in the charge?
