NUJP, CenterLaw push to decriminalize libel, citing threat to press freedom

The National Union of Journalists of the Philippines (NUJP) and human rights lawyers are renewing calls to decriminalize libel, arguing that the threat of imprisonment can have a chilling effect on journalists and the public.

NUJP Secretary-General Len Olea said criminal libel remains inconsistent with the country’s international commitments to freedom of expression.

The Philippines is a party to the International Covenant on Civil and Political Rights (ICCPR), whose Article 19 protects freedom of expression, subject to certain restrictions. The UN Human Rights Committee previously considered the case of broadcaster Alexander Adonis, who was imprisoned for defamation in the Philippines.

Olea said the UN Human Rights Committee had found Philippine libel law excessive because it allows for imprisonment.

She noted that instead of removing criminal penalties for libel, the Philippines later enacted provisions covering cyber libel, which carries higher penalties for libel committed through information and communications technology.

“It can just be civil libel, right? Not criminal libel,” Olea said.

She said civil actions for defamation, including claims for monetary damages, could provide a remedy without threatening journalists and other critics with imprisonment.

‘Prosecuting a private reputation?’

CenterLaw Executive Director Atty. Gilbert Andres likewise argued that libel should be treated as a civil matter because it primarily concerns a person’s or corporation’s reputation.

“Since this is a private reputation, then they should be the ones shouldering the litigation,” Andres said.

He said civil litigation could provide for damages without requiring the State to prosecute someone criminally.

“Civil litigation damages, not criminal,” he said.

Andres also pointed to the 1987 Constitution’s protection of freedom of speech, expression and the press.

He noted that freedom of expression encompasses not only political speech but also forms such as parody, satire, comedy, films and other creative expression.

Not only journalists at risk

Olea stressed that the campaign to decriminalize libel should not be viewed as a concern exclusive to the media.

“It can be used against citizens who are vocal critics of whoever is in power,” she said.

She said the consequences of a libel case can extend beyond the courtroom, recounting how a journalist whom she identified as a cyber libel respondent experienced trauma even after her case had been dismissed.

She recalled being unable to enter a courtroom while covering the arraignment of another person who had also been charged with libel.

“In my mind, I was entering the courtroom but my body just froze and couldn’t move forward,” she said.

For Olea, such experiences demonstrate why the issue extends beyond journalists.

“If this is the experience and everybody can be charged with this case with the threat of jail time… when that happens, democracy is threatened and it’s not just a press freedom issue now,” she said.

She called for broader public support for efforts to decriminalize libel, saying journalists serve as platforms through which citizens can access information and have their voices heard.

“That’s how it is—it’s not just about decriminalizing libel for us journalists, but for everyone and for democracy,” Olea added.— MCG, GMA News