Senators seek to decriminalize libel in wake of anti-cybercrime law
MANILA, Philippines - At least four senators have renewed calls to decriminalize libel after the Supreme Court ruled that the online libel provision of the Cybercrime Prevention Act is constitutional.
Senator Teofisto Guingona III has filed Senate Bill No. 2128 to decriminalize libel "by means of writing or similar means" by repealing Article 355 of the Revised Penal Code.
Under the said article, anyone who is found guilty of libel will face six months to four years of imprisonment or a fine ranging from P200 to P6,000.
"This bill proposes to remove imprisonment as a penalty for libel because the threat of jail time sends a sufficient chilling effect on the freedom of expression," Guingona said.
He said the right to freedom of expression is guaranteed by the Bill of Rights in the 1987 Constitution and Article 19 of the International Covenant on Civil and Political Rights.
Senator Sonny Angara has also filed a measure that would impose lighter penalties for libel. He said decriminalizing libel has been the trend worldwide.
"[I]t is a sad reality that existing laws on libel have not been attuned to the evolving needs of the people under a democratic rule and the rising importance of media in effecting transparency and accountability in governance," Angara said.
As one of the authors of the Cybercrime Prevention Act, Angara said libel committed online should be penalized, though not by imprisonment.
For Senate Majority Leader Alan Cayetano and Senator Chiz Escudero, the cybercrime law's provision on internet libel should be repealed like all libel laws.
Cayetano pointed out that the said provision suppresses the netizens' freedom of speech. He said the internet should still be regarded as a different kind of medium where anyone has the right to express their views and opinions.
"Napakahirap ng magiging epekto noon. Kahit anong sabihin mo na mao-offend ang ibang tao, pwede kang kasuhan ng libel. That will kill the freedom of speech and the creativity that we have in the internet," he said.
Escudero, for his part, said the existence of libel in Philippine laws is hurting the country's ranking in World Press Freedom Index, which has dropped in recent years.
The views of the four senators, who are all allies of the administration, differ to that of Pres. Benigno Aquino III.
On Wednesday, the President said the libel provision of the Cybercrime Prevention Act does not intend to curtail freedom of expression.
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