Decriminalizing libel to result in chaos: NTF ELCAC

From the Philippine News Agency (Jul 18, 2022): Decriminalizing libel to result in chaos: NTF ELCAC (By Marita Moaje)

The National Task Force to End Local Communist Armed Conflict (NTF ELCAC) opposed a bill filed before the House of Representatives seeking to decriminalize libel.

"Decriminalizing libel will result in an unbridled exercise of freedom of expression that will no longer allow for any form of legal restraint,” NTF-ELCAC spokesperson for Legal Affairs Prosecutor 2 Flosemer Chris Gonzales said in a statement on Sunday. "Anything in excess will result in chaos."

On Friday, Makabayan Block led by ACT Teachers Rep. France Castro, together with Gabriela Rep. Arlene Brosas and Kabataan Rep. Raoul Manuel filed House Bill (HB) 1769 seeking to decriminalize libel through amendments to the Revised Penal Code.

The proponents of the bill seek to repeal Articles 353, 354, 355, 356, 357, 360, and 361 of the Revised Penal Code, which, in effect, would lift criminal penalties against persons accused of libel.

Article 353 of the Revised Penal Code defines libel as “a public and malicious imputation of a crime or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit or contempt of a natural or juridical person, or to blacken the memory of one who is already dead.”

Castro said penalizing libel and cyber libel “cast a chilling effect over the exercise of free expression online”, citing the recent affirmation by the Court of Appeals of the guilty verdict against Nobel Peace laureate Maria Ressa and former Rappler researcher Rey Santos.

Gonzales said rendering libel ineffective is opening the door to chaos and excesses in the exercise of free speech and press freedom.

"Libel prevents excesses in the exercise of freedom of expression and of freedom of the press,” he said.

He added that the proposed bill "per se, is not beneficial to the Filipino people.

“It may, however, be beneficial to those who have pending petitions before the appellate courts after they have been found guilty for committing the crime of libel. But aside from these people, no one else is bound to benefit from the decriminalization of libel,” Gonzales said.

The country’s penal laws that include libel, Gonzales said, are essential to the preservation of and maintenance of orderly conduct in a democratic society.

He added that libel punishes abuses committed by any citizen and by journalists who go overboard in the discharge of their functions while protecting the innocent from being maligned and vilified by those who have the means to do so.

“We want to have a media that is responsible, decent, and truthful. A media that is not biased, slanted, and works only to promote the interests of a group with ulterior motives,” Gonzales said. “We want accountability for those who purvey fake news and untruthful statements particularly if it is prejudicial to the Filipino people.”

The NTF-ELCAC, Gonzales said, stands for the truth and it will not allow truth to be compromised by allowing the decriminalization of libel.

Gonzales also called on members of the 19th Congress to strike down House Bill No. 1769 that "will not serve the best interests of the Filipino people."

The NTF-ELCAC also called on the Filipino people to continue to stand for the attainment of a just and lasting peace by ending the local communist armed conflict.

https://www.pna.gov.ph/articles/1179157