UN special rapporteur Khan calls for decriminalization of libel

Irene Khan, the UN Special Rapporteur for Freedom of Opinion and Expression, on Friday called for the decriminalization of libel.

In a press conference, Khan said that the Cybercrime Prevention Act of 2012 has been used “to deadly effect” against journalists and created a “chilling” effect on freedom of expression and media freedom.

“Particularly— cyber libel provisions and I have recommended that they be repealed along with criminal libel in your criminal court. Criminalization of speech for libel is actually going out of fashion around the world,” Khan said.

“They have been described as relics of the colonial past. A modern democracy does not need to criminalize expression,” she later added.

For the special rapporteur, a person’s reputation is their “private business.”

“We should not be able— one side, the powerful side usually, should not be able to call on the resources of the state to protect it while the other side is left without protection. And the other side, very often, are journalists like you,” she said.

Dangerous

Meanwhile, Khan said that the Philippines remains to be a dangerous country for journalists. 

 “Violence against journalists and human rights defenders, as we all know, was particularly high during the Duterte administration. However, the past 18 months shows that the trend remains disturbing with four journalists killed since a new administration took office,” she said.

Officials previously said they discussed the cases of Renato Blanco, the broadcaster stabbed to death in Negros Oriental; Cresenciano "Cris" Bundoquin, the broadcaster killed in a shooting incident in Oriental Mindoro; radio anchor Juan “DJ Johnny Walker” Jumalon, the anchor shot to death during live broadcast; and Percy Lapid, who was shot in Las Piñas, during their meeting with Khan.

“I have been told by the Department of Justice (DOJ) that they have prosecuted three cases and are investigating the fourth. And the DOJ has also taken some other measures to strengthen investigation and prosecution,” she said.

Khan said the main issue was the Administrative Order 35 which was intended to address extrajudicial killings, forced disappearances, and grave violation of human rights.  

She said the order must be strengthened as impunity is still a major problem.

“We must not forget accountability for past victims, justice for… victims of the past,” Khan said.

Access to information

Aside from this, Khan called for the adoption of a law that is in line with international standards for access to information.

“In the Philippines, the right to information has been operationalized by the Executive Order No. 2… and while it has affirmed people’s right to information, there is a very long list of exceptions, which make its difficult for you as journalists or for citizens to inform themselves or to access information,” she said.

Khan also raised the blocking of the websites of alternative news organizations, saying this is a “direct form of censorship.” 

Though she did not name any outlets, the National Telecommunications Commission in June 2022 ordered internet service providers (ISPs) to block the websites of independent news organizations Bulatlat and Pinoy Weekly, among others.

“The government may dislike some outlets that provide alternative narratives that may not follow its own editorial line. But it is critical that any decision to respect freedom of expression needs the three-part test… legality, necessity, portionality,” she said. 

She also called on the government to look into current procedures to form a broadcast media outlet, calling the process “cumbersome,” as well as media ownership monopoly

“I also believe that the authorities should look into the issue of media ownership monopoly and adopt rules aiming at limiting the disproportionate influence of a single person or entity,” she said.

The press conference marked the end of Khan's visit to the Philippines, where she sought to assess issues related to the right of freedom of opinion and expression, among others.—AOL, GMA Integrated News