N.B. – Allow me to share with you the short answers I gave to three emailed questions by a Filipino journalist pursuing graduate studies abroad. She is currently doing research on libel and Internet defamation.

Have the Philippine courts been consistent in interpreting and applying libel laws?

Allow me to start with a caveat: I am not a lawyer so I can only provide an analysis of the actual implementation of libel. The elements of libel (identification, publication, defamation, malice) can be subjected to various interpretations, making probable the misuse and abuse of the law not only by the courts but also by other interest groups. As regards the latter, they are wont to use the libel law to harass and intimidate journalists, as well as discourage other journalists from attacking and exposing them. That First Gentleman sued for libel more than 40 journalists, for example, shows how government officials use their power and influence to try to silence the media.

Is there a need for reform of Philippine libel laws vis-a-vis Internet defamation?

There are moves from media organizations to decriminalize libel so that it will just be reduced to a civil case. There are also those who want an outright abolition of the libel law. Please read my position paper on decriminalization of libel.

How should Philippine courts deal with Internet defamation such as Brian Gorrell’s?

The courts should proceed with caution. The country’s political (including the legal) system should support self-regulation in media both old and new (of which the Internet is a major part). While there is likelihood of abuse of freedom being enjoyed in cyberspace (most especially the blogosphere where it is so easy to create, develop and maintain blogs), abusive journalists and bloggers can be dealt with by exposing them for who they are. Simply put, instead of “throwing the book” at them, the “weapon” of responsible journalism can be used against them. Please refer to a PinoyPress article on Brian Gorrell where I served as one of the sources.