Thursday, October 19, 2006 Malig: Decriminalizing libel By Jun A. Malig Cognition
LIBEL, as defined by the Catholic Encyclopedia, is "a malicious publication by writing, printing, picture, effigy, sign, or otherwise than by mere speech, which exposes any living person, or the memory of any person deceased, to hatred, contempt, ridicule, or obloquy, or which causes or tends to cause any person to be ashamed or avoided, or which has a tendency to injure any person, corporation, or association of persons, in his, her, or its business or occupation."
I preferred to use the Catholic Encyclopedia this time as one of my sources after learning that even during the time of Moses, there were already laws that provided citizens with protection from defamation of character through defamatory writings (Exodus 23). If a libel caused a breach of public peace, it was considered as a criminal offense. Otherwise, it was treated as civil injury.
When I was still a cub reporter writing for the old Manila Times, the Deutsche Press Agentur, and the defunct Angeles Sun in the early 1990s, I was advised to avoid libel suits by writing articles that should be: 1) fair or balanced and 2) truthful or factual. I was taught to avoid defamatory imputations that tend to dishonor or discredit anybody through lies or mere rumors.
Under the "How to avoid Libel suits" informal course given by editors to any neophyte journalist, he/she normally learns that the elements of libel include defamation, malice, publication, and the fact that the person defamed is identifiable. The PDI Stylebook defines malice as "a wrongful act done intentionally or with evil intent, without just cause or excuse." It said "there is malice when the offender is prompted by personal ill will or spite and speaks not in response to duty, but merely to injure the reputation of the person defamed."
Defense in libel usually include fair comment and the truth. Fair comment, the PDI Stylebook stresses, is available only when the comment is on a matter of public interest or expresses the real opinion of the author formed with a reasonable degree of care and on reasonable grounds. Truth defense involves publication of articles with justifiable motives and without any malice.
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I was told by an editor of a national daily many years ago that the style, attitude and level of responsibility of a journalist usually depends on how and with whom he/she started his/her career. She said educational background, coupled with involvement in non-government groups or in government service, is also a major factor.
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A few years back, Senator Aquilino "Nene" Pimentel Jr. introduced a legislative measure that seeks to decriminalize libel. The bill was eventually endorsed by the Senate committee on constitutional amendments, revision of codes and laws.
In his sponsorship speech, Pimentel said decriminalization means that a journalist or any person accused of libel cannot be penalized with imprisonment. However, he said libel will remain punishable with a fine and the offended party can invoke the right to sue the author or source of the libelous article or statement for damages in a civil action.
"We are pushing for the passage of this bill to do away with a situation where the libel law is being used, especially by people in authority, to stifle the freedom of expression," the long-time senator explained.
Pimentel's measure not only intends to decriminalize libel and remove all forms of criminal penalties but also proposes to give the right of reply to the offended party in addition to the right of the offended party to sue for the recovery of civil damages.
"The rationale of the right to reply is to impress upon the mass media that the right to free expression is not a property exclusive only to them. Other people have the same right," he explained. If people are unduly maligned by the media, he said it is only fair that they should also have the right to reply and have it published by the offending media.
In the 13th Congress, Senator Jinggoy Estrada has filed Senate Bill (SB) 977, which also seeks to decriminalize libel. He said libel cases and the filing thereof have often been used by some parties as a way of harassing journalists and media practitioners in the past. "With the threat of imprisonment that is usually attached to the filing of a libel case, most media practitioners often find themselves faced with numerous harassment suits that more often than not prevent them from doing their job."
Under the Revised Penal Code, libel is 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."
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