President Gloria Macapagal-Arroyo Thursday served notice she would never sign any bill curtailing press freedom, suggesting she would veto the controversial right of reply measure if Congress passed it over vehement media protests.
Support for the bill was dwindling in the Senate. Following in Senators Francis Escudero and Mar Roxas? footsteps, Sen. Loren Legarda withdrew her support for the bill.
?I now realize that an untrammeled press is better than a press that is dictated to by authority. Our Constitution says that ?No law shall be passed abridging the freedom of speech, of expression, or of the press,?? Legarda said in a statement.
?If it curtails any press freedom, then it will never get the support of the Palace,? deputy presidential spokesperson Anthony Golez said, referring to Senate Bill No. 2150 that media groups have assailed as an assault on press freedom.
?The President will never be for that kind of bill. We have nothing to talk about if the President would see that it would really attack freedom of the press. She will not support that,? Golez said in a press briefing.
Golez said Ms Arroyo did not want to leave a legacy involving a measure such as the right of reply bill separately authored by Sen. Aquilino Pimentel Jr. and Bacolod Rep. Monico Puentevella.
?The President will always protect our Constitution,? Golez said.
Asked if the bill was needed, Golez replied: ?There are some measures already that can mitigate or that can prevent the fears of different lawmakers.?
He added: ?It will depend on the discussions about the wisdom of the bill, what the objectives of the congressmen and senators are.?
House waters down bill
Amid mounting criticisms, the House of Representatives has watered down its version of the bill that has been lined up for plenary debates, probably starting on Monday.
With the amendments, Puentevella of Bacolod and bill sponsor Rep. Bienvenido Abante of Manila hope the proposed law would be more acceptable to their House colleagues and to the media.
Under the amendments, the penalty of imprisonment would no longer be imposed on media practitioners. Also, the originally proposed fines ranging from P20,000 to P200,00 had been lowered and now ranges from P10,000 to P100,000.
The media outfits would no longer be closed, but the franchises of radio stations or the operations of television stations and print medium outlets may be suspended.
The implementing rules and regulations of the law would also be drafted by media practitioners.
The right to reply bill says that ?all persons ? who are accused directly or indirectly of committing, having committed or intending to commit any crime or offense defined by law, or are criticized by innuendo, suggestion or rumor for any lapse in behavior in public or private life, shall have the right to reply to charges or criticisms published or printed in newspapers, magazines, newsletters or publications circulated commercially or for free, or aired or broadcast over radio, television, websites or through any electronic devices.?
The Senate bill would require that the replies be ?published or broadcast in the same space of the newspapers, magazine, newsletter or publication, or aired over the same program on radio, television, website or through any electronic device.?
Letters to the editor
Another amendment is that the reply need not be published in the same space or aired at the same time as the original report but it has to come out in the same publication or aired over the same program on radio, television or website.
The reply may be published in the letters to the editor or readers? comments section, or in any section chosen by the editor and ?which closely approximates the section where the original article was printed in terms of visibility and location.?
The reply also need not be published or aired within a day but may be published within three days. The reply would also be subject to editorial discretion in case it contains malicious or libelous allegations. But the gist should remain intact.
There is also now a limitation on the right of reply. The right should be used to respond to points raised in the original publication or broadcast. Any subsequent report in response to the reply should not be subject to another reply except if there are new points raised or new data provided.
Oversight body
The new version of the bill also mandates the creation of a Congressional Oversight Committee that would oversee and review the law?s implementation for five years. The committee could recommend the law?s repeal or amendment
Puentevella said he recognized the validity of the concerns over the measure, but that there should also be a right to have an enlightened public through a full discussion of public affairs.
Abante, who chairs the House committee on public information, thinks that with all the changes made, the bill would be ?quite acceptable? to the media.
Sen. Francis Pangilinan sought a ?win-win solution,? proposing a dialogue between the different media groups and the senators to find out if a compromise solution was possible. With a report from Michael Lim Ubac