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Pimentel: Senate may pass bill to decriminalize libel by June


Due to "overwhelming" support in the Senate, bills to decriminalize libel might be passed by June this year, Senator Aquilino "Koko" Pimentel III said. 

"There is overwhelming support for the decriminalization of libel in the Senate. Ang daming bills na pending which, more or less, decriminalize or weaken the penalties for libel," Pimentel, chairman of the Senate Committee on Justice and Human Rights, told reporters on Thursday in a chance interview after a committee hearing on the bills. 
 
"One more hearing, that will be in April or May and then before June I think this (libel decriminalization) will be reported to the plenary or even passed by the plenary because of the overwhelming support," he said.
 
Eleven bills have been filed to either strike down libel or lower its penalties. 
 
"If we are going to change the rules on libel, might as well, decriminalize," Pimentel said. 
 
The call to decriminalize libel was revived after the Supreme Court upheld the constitutionality of online libel under the controversial Cybercrime Prevention Act.
 
Senator Sonny Angara said decriminalizing libel will automatically amend the online libel provision.

Angara further explained that if libel is not decriminalized, it should have a lower penalty, which should not include incarceration. He added there should be a provision to make it more difficult for public figures to file libel charges. 
 
Grievance procedure
 
Pimentel said, however, that there should be a procedure for supposed libel victims to seek redress.  
 
Media organization and groups explained during the hearing that there are grievance procedures within media companies or organizations to uphold journalistic standards.
 
"I want to be convinced that these [procedures] are existing and [are], of course, effective remedies for people who feel that they have a grievance [against biased reporting]," Pimentel said. "Ang importante rito when we decriminalize libel meron pa ring dapat effective remedy sa mga nasasaktan."
 
Without an adjudication board in place, Pimentel warned some people "may put the law in their hands." 
 
Since 1986, some 180 journalists have died, according to Malou Mangahas, executive director of the Philippine Center for Investigative Journalism. 
 
Pimentel has requested the presence of libel victims and those who have been convicted in violation of libel at the next hearing.
 
For his part, Police Sr. Supt. Carlos de Sagun concurred that the supposed victims of libel should have the right to file for grievances.
 
"Personal ko pong opinion ito, kung ma-decriminalize and libel, there will be a humiliating effect sa PNP (Philippine National Police). Wala kaming paraan para idepensa ang sarili namin," he said at the hearing.
 
Aside from the grievance procedure, Senator Pimentel said that the committee is also looking at other bills that will act as other avenues for libel complainants. 
 
"I want to proposed the Right To Reply bill as a remedy, but media organizations themselves have an existing [proposed bill] called 'Opportunity To Respond', so we will study if that is a midpoint [or] possible compromise," he said.
 
Why decriminalize libel? 
 
During the committee hearing, media organizations pointed that the "archaic" law on libel impedes freedom of speech, press freedom, and freedom of expression. 
 
"Our position is that criminal libel is an anathema to democracy. It is for that reason that we do not support the bill that [imposes a lower penalty of a] fine," lawyer Reggie Juarlbal of the Kapisanan ng mga Brodkaster ng Pilipinas said.
 
For her part, Mangahas noted: "Libel has been a tool of the powerful typically of politicians."
 
The cases of two journalists charged with plunder were discussed during the hearing to show that libel impedes freedom of the press. 
 
  • Alexander Adonis was jailed in  2010 and was in prison for three years for libel. He was convicted even without representation.
  • Joaquin Birones was locked up for five years for libel. Upon his release, he made an editorial, which is currently subject to another libel complaint. 
 
"Slowly, I am seeing the point that the [provisions] Revised Penal Code on libel are archaic. Ngayong nga naman there are many avenues to expressing oneself," Pimentel said. 
 
"And there is a trend worldwide for the decriminalization of libel… tignan natin kung ang Philippine system is also ready for the decriminalization of libel," he added. 
 
"Hindi lang ito para sa journalists. In this modern day, when we are all journalist or when we post our opinions on the net, we will be benefitted if we relax the rules on libel." — JDS, GMA News
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