EDITOR'S TAKE

There has been a flurry of discussions on libel, both in the Senate and the House, triggered by a number of bills calling for its decriminalization.

Among many journalists, the sentiment is to make libel a purely civil offense. But I learned that broadcasters, especially those in the provinces where killings of journalists have been taking place, are against it.

They say that this may lead to more killings since aggrieved parties may feel that they have lost a legitimate recourse. Sending journalists to prison appears more “just,” in the view of those who feel violated, than making them pay damages.

I’ve had a chance to reflect on this issue. Recently, I appeared before the House committee on revision of laws to share my thoughts on whether to decriminalize libel or not.

I feel strongly about taking away prison sentence as penalty for libel. I would thus like to share with you, dear readers, my statement during the House hearing. Here goes:

“Libel for us, journalists, is an everyday concern. I come here to you with real-world experience on libel, having been sued both as writer and editor. Let me tell you, though, that I’ve never been proud of my libel suits.

Other journalists boast about their record of libel suits, saying they have ‘arrived’ in the profession. This should be farthest from any journalist’s mind. For libel stymies us from doing our work effectively.

My first libel suit (in the 1980s) brought me terrible fear. I was sued by a government official who was related to the president of the Philippines. That was when I understood the meaning of ‘chilling effect.’ The specter of going to court, of being cross-examined by intimidating lawyers before a stern judge worried me no end. I was up against a powerful personality.

Fortunately, my case didn’t reach that stage. Still, I vowed to be very careful in reporting and not to take accuracy for granted.”

No to prison

“I am for ‘de-prisonizing’ libel. Prison, as we know, is reserved for exceptionally harmful behavior, the kind that threatens the peace and security of communities. Prison, therefore, is a harsh punishment for a libel offense.

Literature shows that criminal libel law was ‘rooted in authoritarianism, intolerance of dissent and distrust of public opinion. It was justified as a way of keeping the masses in their place and under control, by suppressing information about rulers that might incite unrest or rebellion.’ (Ending the Chilling Effect, OSCE, 2004)

In this day and age, journalists spending time in prison for their work is anathema to a democracy. It’s like book burning. It’s meant to kill the spirit that drives us to pursue the truth.

Journalists report on public figures, politicians, and government institutions. Our work is central to a democracy, where accurate and honest writing, investigative reporting, and critical opinion grounded on sound analysis help strengthen institutions rather than diminish them.

We provide feedback, we stimulate national dialogue, and we hold public officials and institutions accountable. Given these duties, it is important that we work in an unfettered environment.”

Don’t cripple news organizations

“I am for reasonable damages—not the amounts that will cripple independent and small media organizations. High fines and huge damages will threaten the survival of news organizations. I find this unacceptable.

In a modern democracy, public officials must be open-minded to criticism. Because of the nature of their work—they occupy important positions in government and serve a vast public— they must not be onion-skinned.

Third, freedom of speech and responsible journalism are not mutually exclusive. We can have a free and responsible press at the same time. How do we achieve this? By observing professional and ethical standards, by reporting fairly and acting in good faith. This will narrow the opportunities for libel.

At the same time, public officials and those in government should get to know how media organizations work so that they become more tolerant of honest reporting and dissenting opinion.

What we hope to achieve is a situation where libel should not be abused by those who wield power, those who want to stop journalists from doing their work.  By the same token, we, journalists, should not abuse our cherished freedom to report the truth.”

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Editor's Take is a column on media issues written by editors of abs-cbnNEWS.com.