PDEA, media hit for disclosure of drug suspect's HIV status

MANILA, Philippines (Updated 6:18 p.m.) — The Philippine Drug Enforcement Agency and some members of the media reaped criticism Tuesday for disclosing the Human Immunodeficiency Virus status of one of the suspects in a buy-bust operation in a hotel in Bonifacio Global City, Taguig.

A lawmaker, the Commission on Human Rights and an HIV awareness advocacy group all expressed concerns after PDEA conducted an HIV test on the drug suspects while a number of media outlets disclosed the HIV status and posted mug shots of the suspects.

For Rep. Kaka Bag-ao (Dinagat Islands), the HIV status of suspects apprehended by the PDEA are irrelevant to their drug cases.

READ: PDEA nabs 11 in raid on BGC hotel room

Bag-ao also called for understanding on HIV cases and asked media outlets to stop perpetuating the stigma against people living with HIV.

“Hanggang ngayon ay kailangan pa rin nating palawakin ang isipan ng mga tao tungkol dito. Napakarami pa ring misconceptions at misinformation ang kumakalat. Binigyan pa ng mga ulat na ito ng pagkakataon ang mga taong kulang sa kaalaman na husgahan kaagad ang mga PLHIV sa social media (Until now, we need to broaden people's minds on this (HIV). There are many misconceptions and misinformation spreading as it is. These reports pave way some who are misinformed to judge PLHIVs on social media),” Bag-ao said in a statement.

The solon, who is also the principal author of House Bill No. 6617 or the Philippine HIV and AIDS Policy bill, said the public misconception on the infection is also the reason lawmakers are pushing the amendment of the law.

Under Republic Act 8504, or the Philippine AIDS Prevention and Control Act, a person's HIV status is confidential except in specific medical situations and if subject to a subpoena from a court. Violation of confidentiality is penalized by from six month to for years in prison as well as fines.

Bag-ao said they have proposed stiffer rules on confidentiality and on the protection of the privacy of any individual who has been tested for HIV.

Under her proposed bill, members of the media who would identify persons living with HIV may be punished with imprisonment of six months to five years, a fine of not less than P50,000 or not more than P500,000, or both.

A violator’s professional license and business permit or license may also be revoked.

Bag-ao said although the law has not yet been passed, prudence in disclosing information should be practiced.

She  said PDEA should be held liable for the disclosure of HIV status and for reportedly forcing the HIV test on the suspect.

An ABS-CBN video report mentioning the test has since been taken down but PDEA has since said that the suspect himself admitted to being HIV positive. No tests were performed.

“Kung sabihin man nila na walang testing na naganap at kusang sinabi ito sa kanila, wala pa rin silang karapatang ilabas ito sa publiko dahil paglabag ito sa privacy ng tao, (If they say that there was no test conducted and they were only informed of it, they are still not allowed to disclose the HIV status of the suspects to the public,)” Bag-ao said.

For its part, CHR that although it supports PDEA in its law enforcement campaign, it should make sure that "people living with HIV are not unduly discriminated and singled out whether in their operations or engagements with the media."

“People living with HIV should be accorded dignity as any human being,” CHR spokesperson Jacqueline de Guia told The STAR.

PDEA: Disclosure was unintentional

PDEA has apologized for the disclosure of the suspect's HIV status.

'PDEA, media committed gross violation of human rights'

Meanwhile, Red Whistle, an HIV awareness and advocate group said PDEA and members of the media “committed a gross violation of human rights by parading the 11 individuals accused and disclosing their perceived HIV status and we strongly condemn these acts of violation of human rights.”

The organization called on PDEA and members of the media to have a dialogue with HIV advocacy groups to understand how HIV law and human rights come into play in the context of drug operations.

Red Whistle also called on both Houses of Congress to pass the Anti-Discrimination Bill and the Department of Health to ensure the full implementation of the Philippine AIDS Prevention and Control Act.

It also asked netizens to stop reposting the unconfirmed information regarding the 11 suspects implicated in the PDEA drug operation.

“For now, please avoid sharing and prevent your FB friends from sharing unconfirmed information, their names, work and photos. We heard that some community members are searching the 11 people on social media and are starting to bash them,” Red Whistle said.

Bag-ao supports the calls of civil society organizations to send a letter to PDEA and invite them for a dialogue to discuss the HIV law in the drug operations. — With reports from Janvic Mateo