UN panel tells Phl to review libel law

MANILA, Philippines - A United Nations panel has told the Philippine government to review its libel law after it ruled that there were violations of the rights of a journalist when he was imprisoned for a report against former Speaker Prospero Nograles.

The UN Human Rights Committee ruled in favor of Alexander Adonis, who elevated the case before the panel, and said the Philippine government is “under obligation” to “review the relevant libel legislation.”

Based on the copy of the panel’s “View,” the committee believes Adonis’ imprisonment was “incompatible” with the International Covenant on Civil and Political Rights (ICCPR).

Following the decision, the UN panel ordered the Philippine government to “provide the author (Adonis) with an effective remedy, including adequate compensation for time served in prison.”

A copy of the UN panel’s “View” was given to The STAR by Adonis’ lawyer, Harry Roque. Adonis elevated the case before the UN in July 2008.

The panel said the complaint filed by Adonis presented a “violation” by the Philippines as a state party to the covenant.

Adonis read in 2001 in his program aired over Bombo Radyo a newspaper report on Nograles.

Adonis was convicted for defamation under the Revised Penal Code by a court in Davao in January 2007 and was sentenced to four years in jail.

After having served two years in prison, the broadcaster questioned the compatibility of libel with freedom of expression under Article 19 of the ICCPR.

According to committee, the Philippine government is “under obligation” to take steps to ensure that similar violations would not occur in the future.

The panel’s view was adopted last Oct. 26 2011 during the 103rd session of the UN body but it was received only recently through a letter dated Jan. 10 sent to Roque.

The panel is a treaty monitoring body created by the Optional Protocol of the ICCPR. According to Roque, the UN Human Rights Committee has the power to declare that a state party to the convention is in breach of its obligations as provided in the covenant.

Roque called the panel’s decision “a very big win for freedom of expression.”

He said “no one should be imprisoned for expressing his or her views.”  

 

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