October 1, 2006 · Posted in: Media
A wanton disregard for press freedom
CLOSE to 400 Filipino journalists and 44 foreign colleagues, along with 21 local and international media organizations, have signed a petition to protest the use of the libel law to stop critical reports and commentaries.
At the same time, the petition decried the libel charges filed against 43 journalists by First Gentleman Jose Miguel “Mike” Arroyo which, the journalists say, “betrays a wanton disregard for freedom of the press and the propensity to use power and influence to silence critics.”
The signatories of the statement, an offshoot of a roundtable discussion on libel organized by the National Union of Journalists of the Philippines (NUJP) more than a week ago, also committed themselves to fight for the right of every Filipino to seek and receive information and ideas on matters of public interest, which they say are at the very core of the concept of a democratic society.
Among the international media groups that have signed the statement are the International Federation of Journalists (IFJ), Media, Entertainment and Arts Alliance, Reporters Without Borders (RSF), Committee to Protect Journalists (CPJ), Southeast Asian Press Alliance (SEAPA), Hong Kong Journalists Association, National Union of Journalists (India), Indian Media Center, Federation of Media Employee’s Trade Unions, Pakistan Press Foundation (PPF) and Hong Kong Journalists Association.
A wanton disregard for press freedom
The law on libel exists to protect private citizens from unwarranted damage to reputation, but in the Philippines libel has been predominantly used by public officials as a tool to cow an independent press.
The most glaring example is the multiple libel cases filed by First Gentleman Jose Miguel Arroyo against 43 reporters, columnists, editors, publishers, and even a subscription manager, of various publications.
We will not dispute the merits of the cases nor Mr. Arroyo’s right to defend his honor and dignity, as he and his lawyers insist.
What we decry is his propensity to sue journalists so as to muzzle those he does not agree with and sending out a clear signal to others that they risk the same ordeal should they dare cross him.
Mr. Arroyo is, after all, no ordinary mortal. As Presidential husband, he clearly enjoys immense power and influence, not just by his status but also because he does head the Office of the First Gentleman. And many, if not most, of his deeds and pronouncements dwell in the realm of public interest.
He is, therefore, both a public figure and public official. That he is aware of this status and has no qualms of wielding it against his perceived enemies is evident in the fact that, when he filed his latest suit against the Tulfo brothers, he gave his address as Malacañang Palace, as if to stress who he is.
The record number of cases Mr. Arroyo has filed highlight how the powerful in this benighted land regularly abuse libel laws to curtail the democratic right of the press to delve into the truth behind matters of public interest and the people’s right to know.
It is also the best argument for decriminalizing an outdated law that has been used not so much to protect the innocent as to shield the guilty.
We demand that Congress immediately work to repeal the law on libel, to strike it off the book of criminal statutes, as part of its sworn duty to strengthen our badly eroded and still beleaguered democracy.
We demand that Jose Miguel Arroyo cease and desist from this clear abuse of his power and influence and squarely face the issues raised against him where they are properly addressed, in the arena of free and democratic discourse.
We pledge that neither this nor any other attempts by those in power to trample on the freedom of the press and the people’s right to know shall go unchallenged.
We commit ourselves to the continued struggle to realize the true blooming of democracy in our land, when freedom of expression shall be enshrined not just in our aspirations but in practice.
10 Responses to A wanton disregard for press freedom
bernardocarpio
October 2nd, 2006 at 4:59 am
Fight Mike Arroyo not the law that is the basic premise of our democracy. Repealing the law on libel and asking for its removal in the criminal statutes is a wanton disregard of responsible journalism. The law protects everyone not only a chosen few if we remove it how can an ordinary Filipino protect himself if he is wronged in the name of press freedom?
naykika
October 2nd, 2006 at 11:35 am
Libel Law (defamation) in most jurisdictions is under Common Law or Tort Law, but not under the Criminal Statutes. Some have special law dealing with Defamation. It clearly defines the circumstances, the burden of proof, and the intention of the law. Having them in Criminal Code, will be subject to abuse by well-connected complainants who utilize the public prosecutors (taxpayers) for a personal reputation that was injured. In most jurisdictions where Libel is not under th criminal law, the Plaintiff can initiate the lawsuit by consulting specialized lawyers and the Fees are contingent with the outcome of the Case. So at least the “supposed victim” of defamation will have some idea if the case has a chance of success. Freedom of the Press is not a good defense for Libel, because most of the time you are dealing with an individual living person reputations.
In Mickey case, I only hope David Letterman and Jay Leno get the handle of him and feature his antiques in one of their shows. Like the “Today’s Daily Report on Mickey’s Libel Suits”. And the Number I , today Mike Arroyo filed a suit against his wife President Gloria Arroyo for insinuating that he is seeing another woman by the name of V—- T – – .
joselu
October 2nd, 2006 at 3:06 pm
I just hope the local press stops thinking of themselves as some sort of perfect beings who can do no wrong.
Time & again we have been witneses to the press/media being used to ruin reputations & spread false stories, of exploiting any slant just to come up w/ a story.
If the press are man enough to clean their ranks & truely prove that they are incorruptable then i can be supportive.But since press people are also human & who even knows what professional traing they have except that of writing or being “palaban, matapang etc…”
But until the press are just a bunch of individuals who are ruled by the ‘walang pakialaman” system & “kanya kanya”
It seems to me that the press/media is being to presumptious.
Better then just insisting for your rights.Why don’t you rightfuly earn them just as respect is earned because of the unqestionable quality of your work.
jr_lad
October 2nd, 2006 at 5:53 pm
what i understand the petitioners want is that defamation should never be a criminal offense but should fall under Common or Tort Law as stated by naykika. (this is common now in most countries around the globe unless you are in Zimbabwe where insulting a president is a criminal offense).but it doesn’t mean such offense should be off the hook. any aggrieved or injured party can still sue for damages under the common law. erring media men and private individuals will still be under threat of paying huge sums of money for their irresponsible acts only that prison term is out of the picture. imagine if you are against big bullies like jose pidal whose intention is not only to protect his honor and dignity (kuno) but also to silence and punish his detractors using his power and influence. just look at what happened to the tulfo brothers.
sabi nga ni mareng winnie about the tulfo brothers case sa mensahe niya para kay jose pidal: “kung merong mang nagawang pagkakamali laban sa yo yung tao, karapatan mo na idemanda eto para mailabas ang katotohanan at malinis ang iyong pangalan pero huwag mo namang tanggalan ng kabuhayan yung tao. yan ay malinaw na abuso na sa kapangyarihan.”
GMA proudly declared we are now a second world country. should we not apply then the laws used by first world countries (w/ strong emphasis on freedom of expression) instead of continuing to use obsolete laws?
jester-in-exile
October 3rd, 2006 at 9:00 am
two quotes i find apropos about press freedom:
two quotes i find apropos about mike a., et al… and yes, et al includes our F7-less denizen:
conway
October 3rd, 2006 at 12:45 pm
I agree with bernardocarpio, fight mike arroyo and not the law. Even journalists themselves may invoke the libel law when they’re at the receiving end of libelous materials/utterances.
For all the press people who feel that their right to freedom of speech, or freedom to write for the press, is violated by mike baboy’s libel-filing spree, my suggestion is why not file a case against him on the basis of Art. 32 of the Civil Code. This provision makes any public official or private individual civilly liable for defeating, violating, or in any manner impeding or impairing the civil rights and liberties of another person.
joselu
October 3rd, 2006 at 2:40 pm
Don’t make it easy for press people to get away w/ things. because they too are human beings who just like the people they “hit or accuse” can make mistakes.
Besides, what special traing do press people really have?
Do they take goverment exsams for their liecense?
Are press people supposed to be “superior” to the others?
Anyone who has to demand more rights then the others is surely taking away the rights of others too.
I don’t think anyone intends to limit the freedom of the Press.
The point is w/ freedom comes responsibilities.
Those who want to use up more freedom must be man enough to leave w/ consequences too.
If our intensions are to fair.
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