Justice wants libel classified into types

CEBU, Philippines - Instead of decriminalizing libel per se, Court of Appeals Associate Justice Gabriel Ingles said he would rather classify it into different types, each with corresponding penalties.

During the Forum on Decriminalizing Libel held yesterday morning in the University of San Carlos, Ingles said that what is needed is to make a clear distinction between “political” and “private libel”.

“For political libel, I believe, however, for as long as self-regulation by media is not as effective as it ought to be, it should remain as criminal. But the penalty should be fine only and for an amount that is reasonable,” he said.

When later asked how much exactly is a “reasonable amount”, Ingles answered that it should be fixed by law.

Ingles said that political libel should remain as a criminal liability to deter media practitioners from abusing press freedom and to sharpen the journalists’ sense of responsibility. He also said civil liability alone may not be effective because it is expensive.

Ingles further said that he supports retired Supreme Court associate justice Vicente Mendoza’s compromise formula. Mendoza proposed it in 2008 where imprisonment was retained as a penalty aside from fines for libel, but a distinction must be made between the political and private libel.

Political libel, according to Ingles, is any “discreditable implication that is directed against a public person in his public capacity.”

He described private libel as any libel that does not involve public interest or concern.

The Cebu Citizen-Press Council agreed with Ingles.

Their position, as presented by Rose Versoza, Treasurer of Cebu Media Legal Aid, is to retain libel as a criminal offense but that the penalty for it shall only be the fine without any imprisonment.

“Without any jail term for libel, then it can no longer be used as a means to suppress the press freedom yet at the same time, complainants may still have the means of redress against the erring journalist,” Versoza said in her presentation.

She added that “without the jail term journalists should no longer be threatened with arrest and detention but at the same time, the aggrieved party will still have to prove the guilt beyond reasonable doubt of the erring journalist.”

The Forum on Decriminalizing Libel was in line with the celebration of World Press Freedom Day 2012.

Cebu safe for journalists

According to CCPC executive director Pachico Seares, who also spoke during the forum about the situation of the media nationwide, Cebu is safer to live in for journalists. He said that there had been no report of any media killing or any another form of violence since 2005 when a broadcaster was killed nor of any physical invasion of a newsroom since 1991 when a columnist was threatened by armed men.

Seares also said the Philippine press is only “partly free.” He cited reports from France-based Reporters Without Borders, the Freedom Barometer and the Freedom House.  (FREEMAN)