Cebu Citizens-Press Council

POSITION OF THE CEBU CITIZENS-PRESS COUNCIL (CCPC) ON HOUSE BILL 2901, INTRODUCED BY GIORGIDI B. AGGABAO, IN THE FIRST REGULAR SESSION OF THE 15TH CONGRESS, PROPOSING AMENDMENTS TO PROVISIONS ON LIBEL IN THE REVISED PENAL CODE

CONSIDERING

That Cebu Media Legal Aid (Cemla), as legal adviser of Cebu Citizens-Press Council (CCPC), was asked by the CCPC executive director to study House Bill 2901, which seeks amendments to certain provisions of the Revised Penal Code regarding libels, particularly on the impact of the proposed legislation on press freedom and accountability;

That Cemla submitted its recommendations and CCPC has found them meritorious and, if the proposed amendments to the law on libel are approved, CCPC believes they will enhance press freedom without diminishing the duty of journalists to account for what they publish;

NOW THEREFORE, BE IT RESOLVED, as it is hereby resolved that Cebu Citizens-Press Council (CCPC) support the following proposed amendments of House Bill 2901 —

[1] In Section 1, making “any discussion of public concern or criticism of official conduct of public figures, qualifiedly privileged”:

Privileged communication is expanded with respect to public libel, which means there’s no longer a presumption of malice with respect to any discussion about official conduct or conduct of public figures, unless it is shown by the prosecution “to be false and shown to have been made by the defendant knowing its falsity or with reckless disregard of whether it is false or not.”

While the Supreme Court has already decided that the scope of privileged communication covers any discussion on public conduct and about public figures, even in the absence of express legislation, the proposed specific legal provision is both a reminder to public officials and a warning to journalists.

[2] In Section 2, reducing the prescriptive period for the crime of libel to six (6) months counted from the first publication, airing, or exhibition of the libelous material:

Prescriptive period is one year, which is too long for a complainant to decide on whether to sue.

[3] In Section 5, providing that a defamatory article “passed through the said publisher, editor, or business manager for editing and required the latter’s approval for publication” before the said publisher, editor, or business manager may be held liable:

The amendment will correct the gross anomaly of making a publisher, editor, or business manager liable for a material that didn’t pass through him and he didn’t approve for publication. Malice, or ill-will or spite, cannot logically be attributed to a person who hadn’t even seen the offensive material before publication.

[4] In the same section 5, on the requirement of venue, in case of libel filed against a community journalist, providing that “the venue shall be the Regional Trial Court of the province or city where the principal office of the publication is located…”

The amendment will spare community journalists and publications and broadcast stations, which are financially distressed, to bear the additional burden of defending themselves against complaints filed far outside their principal office of publication. Even on flimsy accusations, community journalists and media organizations are already punished by the heavy cost of the lawsuit alone.

CCPC has also supported a similar proposal that Cemla crafted (introduced as House Bill 77 by then Rep. Raul del Mar in the 13^th Congress; approved as House Bill 431 in the 14^th Congress, with Rep. Raul del Mar as principal author and Reps. Matias Defensor Jr., Eduardo Gullas, Amelita Villarosa, Eufrocino Codilla Sr., Neptali Gonzales, Del De Guzman, Victor Agbayani, Rene Velarde, and Roman Romulo as co-authors; and re-filed as House Bill 371 by Rep. Cutie del Mar in the 15th Congress).

BE IT RESOLVED FURTHER that copies of the resolution be provided to proponent Giorgidi B. Aggabao, the members of the House committee on public information; other House members from Cebu; and the Philippine Press Institute (PPI) and Center for Media Freedom & Responsibility (CMFR).

APPROVED BY THE CEBU CITIZENS-PRESS COUNCIL, this sixth day of December, 2011 at the MBF Cebu Press Center in Sudlon, Lahug, Cebu City.