CHR concerned by Cimatu conviction, pushes for decriminalization of libel

The Commission on Human Rights (CHR) on Wednesday expressed concern over the conviction of Baguio-based journalist Frank Cimatu due to his Facebook post about former Agriculture secretary Emmanuel "Manny" Piñol, saying that cyber libel is being used to suppress the freedom of the press.

The CHR thus called on lawmakers to process Senate Bill 1593 or the Decriminalization of Libel Act filed by Senator Risa Hontiveros, agreeing that "libel laws have been used and abused by private parties to advance their various interests, and by public personalities to shield themselves from public scrutiny, even on matters of public concern."

It argued that the conviction of Cimatu, who was found by QC RTC Branch 93 guilty beyond reasonable doubt of cyber libel under the Cybercrime Prevention Act of 2012, was an example of how libel laws were being utilized to target government critics.

"[CHR] expresses its concern on how cyber libel has been recently used to suppress press freedom and threaten the right to free expression. The conviction of journalist Frank Cimatu for his social media post five years ago against then-Secretary of Agriculture Emmanuel Piñol is the most recent case of a pattern of legal actions targeting critics of the government," it said in a statement.

The case stemmed from a post Cimatu uploaded on Facebook in 2017 about Piñol.

Cimatu argued that the post was made private since it was only published to be seen by his Facebook friends. However, the Court said this was immaterial as the post was made using the “public” setting.

Cimatu was sentenced to a minimum imprisonment of six months and one day and a maximum imprisonment of five years, five months, and eleven days and was ordered to pay Piñol P300,000 as moral damages.

For its part, the CHR reminded the government that it has the obligation to protect people's rights to freedom of opinion and expression as a State party to the International Covenant on Civil and Political Rights.

"When these rights are compromised, especially for journalists and critics, the government also cripples one of its informal feedback mechanisms that serve to inform and improve government policies and decisions," it said.

The CHR said the most responsible way for government officials and politicians to deal with criticism is through open discussions and the exercise of transparency, and not suing for libel.

It also suggested an approach similar to what the Office of the United Nations High Commissioner on Human Rights proposed—-that guidelines should be established so lawful efforts directed against libel would aim to correct erroneous information, instead of applying legal restrictions.

"Still, the CHR understands that the decriminalization of libel requires careful deliberation. Though libel can be weaponized against free expression, laws against libel remain one of society's safeguards against disinformation. The discourse over this bill should thus encompass not only the mentioned rights; it must remain mindful of facts and truths," CHR said.

"Freedom of expression and the prevention of the spread of disinformation both contribute to human rights and must not be seen as conflicting values," it added.

The CHR also expressed hope that the Court of Appeals will consider their statement as they handle Cimatu's case. — Giselle Ombay/RSJ, GMA Integrated News