N.B. – This was published in Asian Correspondent (January 25, 1:30 p.m.) where I write a weekly column (Philippine Fantasy).
A Philippine government official’s decision to charge a blogger with libel only shows how the libel law is being used not to protect freedom of expression but to suppress it.
Upon the request of Secretary Esperanza Cabral, the National Bureau of Investigation (NBI) last week filed a libel case against the person behind “Blog ni Ella (Blog of Ella)” located at www.ellaganda.com (Language warning: The blog mainly uses Taglish, or a mix of English and Filipino phrases and sentences).
The libel case is in connection with the blog’s October 21, 2009 entry titled “Aanhin pa ang damo kung patay na ang kabayo? (A special report from a volunteer) [The title is an old Filipino saying, the loose translation of which is: How can the grass be useful if the horse is already dead?]” where the blogger, Ella, claimed that the relief goods meant to be distributed to typhoon victims are “rotting” inside the warehouse of the Department of Social Welfare and Development (DSWD).
This is not the first time that the rich and powerful have used libel to harass and intimidate bloggers. For example, the Yuchengco Group of Companies which runs a pre-need firm charged the Parents Enabling Parents (PEP) Coalition with libel for publishing what the former perceived to be malicious remarks in the latter’s blog. The case, however, was dismissed by the Court of Appeals in October 2009.
On the part of the government, libel has been used to get back at journalists who published or aired reports critical of the administration. The most glaring example is First Gentleman Mike Arroyo’s libel suit against more than 40 journalists which he later withdrew. Since libel is a criminal offense in the Philippines, those convicted of the crime could end up like broadcaster Alexander Adonis who was jailed for almost two years. In 2001, Adonis reported on the alleged extra-marital affairs of a local politician in Davao (located south of the Philippines).
Joel Simon, executive director of the US-based Committee to Protect Journalists (CPJ), stressed in 2007 that the “authorities in the Philippines are using criminal libel as a battering ram against press freedom…Government officials should not rush to a prosecutor every time a journalist writes critically about those in power.” The situation has also led a Filipino editor to say: “The message we’re getting is this: no matter how responsible journalists are, you can no longer seek protection in the law.”
It is ironic to think that libel which is supposed to protect the reputation of an individual from irresponsable reportage is now a tool of media repression. Article 353 of the Revised Penal Code clearly states: “A libel is 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 dead.” Anecdotal evidence as regards libel cases against journalists and bloggers, however, show otherwise.
In the past, journalists had taken the initiative to lobby Congress for the decriminalization of libel (i.e., reducing libel to a civil case, not a criminal one). Given the case filed against Ella, it is high time for bloggers to unite with journalists in the campaign to decriminalize libel as this also affects them. The same chilling effect, after all, could be felt by both journalists and bloggers as they write and produce media content. The powers-that-be should not be allowed to use laws like libel to suppress freedom of expression.
Much as I have issues with the way Ella had written her blog post as it manifests irresponsible writing (which became the subject of a two-part series written in Filipino on responsible blogging), the government cannot and should not assume malice whenever it faces criticism from journalists and bloggers. If the Philippine government is indeed transparent and accountable to its people, it should remain open to criticisms, mindful of the fact that it has enough resources to issue replies to answer any allegations.
If a journalist or a blogger is, in the eyes of aggrieved parties, irresponsible in the way he or she analyzes social issues, the best option is to expose to the public the factual inaccuracies or logical fallacies so that a wider audience would be made aware of them.
Any perceived irresponsibility from journalists and bloggers cannot be used as an excuse to legislate the workings of the media, of which the blogosphere is now a part. If there is something that government should do, it is to provide an atmosphere conducive to the practice of journalism and blogging. Instead of using laws against journalists and bloggers, the government should help protect the rights of both the pro-government and the anti-government forces to freely express their views.
Various forms of media repression, however, are tell-tale signs of a current administration that is hostile to freedom of expression. In this context, the decriminalization of libel is urgently needed, if only to ensure that journalists and bloggers will not be threatened with imprisonment as they go about their tasks.