Moves to decriminalize libel gaining momentum at Senate

By: Maila Ager - 10 years ago

FILE PHOTO

MANILA, Philippines – Moves to decriminalize libel are gaining momentum in the Senate after the Supreme Court has affirmed the legality of online libel.

Among those pushing to decriminalize libel are Senators Francis “Chiz” Escudero and Juan Edgardo Angara, who have pending bills on the issue.

Neophyte Senator Grace Poe and even Senator Vicente “Tito” Sotto III, who proposed the online libel provision in the Cybercrime law, have openly expressed support for such measure.

Angara, in a statement on Wednesday, renewed his call to abolish prison time for the crime of libel.

“I have been pushing for lighter penalties for libel even before the passage of the Cybercrime Law. I think this has been the trend worldwide—to decriminalize libel,” he said.

“Though I agree that libel committed online should be penalized, as provided in the Cybercrime Law and as ruled by the Supreme Court, I don’t think these offenders should be imprisoned,” said Angara, one of the authors of the law when he was a member of the House of Representatives.

When he was congressman, Angara filed the bill decriminalizing libel. He also initiated the same measure when he became senator.

“In a country where democracy is primarily infringed on the freedom of speech and expression, in a State where the media is considered the fourth state, it is a sad reality that existing laws on libel have not been attuned to the evolving needs of the people under a democratic rule and the rising importance of media in effecting transparency and accountability in governance,” he said.

“To imprison a person convicted of libel might preclude him or her in the future from digging into issues and concerns, that with deep investigation, might expose anomalies and abuses,” he further said.

Escudero also pushed for the approval of his pending bill, decriminalizing libel.

“I am in favor of decriminalizing libel, ibig sabihin kung may liability, civil na lang (it means that if there’s a liability, it should be civil only),” he said in an interview Tuesday.

Poe added her support for the passage of the proposed measure.

“I am in favour of decriminalizing libel. Hence, my support for pending bills in the Senate seeking to do,” she said in a text message.

Sotto said he was also in favor of decriminalizing libel but said the civil liability should be increased.

“I’m supporting decriminalization…just raise the civil liability,” he said in an interview Wednesday.

Senator Ferdinand “Bong-Bong” Marcos Jr., meanwhile, urged the Senate to act on pending bills amending the Cybercrime Law.

Marcos himself has filed a bill 11 seeking to scrap the provision on the law that imposes a penalty for cyber libel higher than the penalty imposed under the Revised Penal Code for libel committed through the traditional media like print (newspapers) and broadcast (radio and television).

“The Internet, particularly social media, is the closest thing we have to Athenian brand of democracy where everyone can speak his mind freely. I think the Senate should give a high priority to bills seeking to protect freedom of expression in cyberspace,” he said in a statement.

“If a crime is committed by, through and with the use of information and communications technologies, then the penalties provided under the present laws should be imposed accordingly and should not be increased solely on the ground that the crime was perpetrated through the use of cyberspace,” he pointed out.