The Philippine Online Chronicles

Following the United Nations Human Rights Committee (UNHRC) declaration that the Philippines' libel law violates freedom of expression, Senate President Pro Tempore Jinggoy Estrada reiterated his call to abolish the penalty of imprisonment in libel cases.

In a press release dated February 2, Estrada said that stiff penalty curtails freedom of expression and threatens journalists and other media personnel who criticize or expose erroneous acts.

“I am hoping that the United Nations Human Rights Committee's view on decriminalization of libel would strengthen the clamor to eradicate the punishment of not only gagging journalists but also killing the freedom of expression,” he added.

Under the Revised Penal Code, one count of libel is punishable by law with imprisonment of up to six years and one day, and a fine of up to PHP 6,000.

The senator filed two bills in July 2010 seeking to decriminalize and remove the imprisonment penalty in libel cases.

Estrada, in the explanatory note of Senate Bill 683, said that “while it is the right of individuals to be protected against unethical and irresponsible journalism, imprisonment is not a just penalty for such cases. Civil damages may be enough penalty and deterrence, considering the present economic situation of journalists.”

Aside from Estrada, Senators Francis Escudero and Edgardo Angara also filed similar bills seeking to decriminalize libel. All four bills are currently pending in the committee level.

The UNHRC pronouncement was made following the inquiry of Davao-based broadcaster Alex Adonis on the compatibility of libel with the freedom of expression contained in the International Covenant on Civil and Political Rights.

Adonis was imprisoned for two years in 2005 following his conviction in a libel case filed by former speaker Prospero Nograles. International Press Institute also reported that the journalist was ordered to pay PHP100,000 to Nograles for “moral damages” and an additional PHP 100,000 to “serve as an example for notorious display of irresponsible journalism.”

Calls for libel decriminalization in the country heightened in 2006 when former first gentleman Mike Arroyo filed a flurry of libel cases against 43 journalists.