A group of college students interviewed me last week on the subject of libel, and I think I rather disappointed them: in my entire career as a journalist starting in 1994,I have only had one libel case filed against me. I am not one of those who wear libel cases as a badge of honor, or eat such charges for breakfast. As a writer and columnist I have never been the “fiery” and “hard-hitting” type; I am as subdued as they come, refusing even to punctuate my sentences with exclamation points and hardly ever using bold or italics — or bold italics — to emphasize words. Even when I write about the most serious topics, such as the recent Maguindanao massacre that killed 30 journalists, I tend to downplay emotion and instead appeal to the mind.
As a reporter and editor, I have always valued balance and fairness, and one of my personal policies — one which the Mindanao Daily Mirror also follows — is never to put out a story, especially a controversial one, without the two sides (or more) being represented. We try our best to present all sides of an issue on the same day; if that is not possible, as when one side is out of reach and cannot be contacted for comment, then we make sure the other side is given space the very next day. I am sure we have committed some lapses in the almost 12 years I have been with the Mirror, but it is significant to note that in the past dozen years the paper has had only one libel suit filed against it.
One of the questions the students asked was if having a libel case hangs heavily on me, and while my first answer was no, I had to change it because I realized it is something I should be concerned about. Unlike most other countries where libel is a civil suit and the worst that can happen to someone is that he or she is made to pay damages, the Philippines counts libel as a criminal offense, punishable by imprisonment and fine. Anyone with a libel case against himself has a real future in prison, as was the case with Davao City broadcaster Alexis Adonis who spent two years at the Davao Prison and Penal Farm (more commonly called by its old name Dapecol) because of a suit filed by House Speaker Prospero Nograles.
I used to think that no journalist ever actually gets imprisoned for libel, but Adonis’ case has proven my rather naive view wrong. He was eventually released, but his case has already sent chills running down the collective spine of the media. And that, unfortunately, is just the point: those who support criminal libel — that is, members of Congress who up to now refuse to act on the proposal to decriminalize it — want to maintain it as a proverbial sword of Damocles they can hang over journalists’ heads. Fear of imprisonment can be a strong deterrent against speaking one’s mind.
And even if prison is not on the mind of an accused journalist, just having a libel case can be enough to sidetrack him from his job. As retired Chief Justice Artemio Panganiban said, “the powerful and the rich can likewise abuse their right to prosecute for libel or other crimes. To make it difficult, expensive and time-consuming for newspersons to defend themselves, plaintiffs choose inconvenient venues for their suits or hire odious lawyers who heckle and harass penniless defendants.” (Read the entire article here)
We of course welcome developments such as Supreme Court Chief Justice Reynato Puno’s circular issued last January urging judges to impose fines instead of prison terms as a penalty for libel. But that is not a permanent solution: what will happen if Puno is no longer chief justice? The answer lies in Congress, which really must pass the bills decriminalizing libel. There are several measures pending before it for a long time now, and these have even been consolidated in one House bill (5760). There’s a fat chance of this ever passing, however: why would politicians remove a law that gives them an easy way to muzzle the people who dare criticize them?
Of course decriminalizing libel itself does not address the culture of impunity that has been holding sway in the Philippines for so long and which has allowed the rich and the powerful to get away with murder. In fact, it might worsen the situation: those who feel aggrieved could avoid the courts altogether and simply hire goons (or send their bodyguards) to shoot journalists who happen to offend them. After all, they know they won’t get caught. It is already happening now; imagine how much worse it will be if government continues to refuse to run after those who kill journalists.
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