EDITORIAL – Libel

There are always two sides to everything, thus the right of one journalist to pursue his calling in the interest of freedom of expression and speech can also be misused or abused by another, considering that, all things being equal, there are good and bad journalists.

On the other side of the coin, a person who becomes the subject of an unflattering story or comment by a journalist can either sue for libel to protect his privacy and keep his dignity as a person, or press charges as a means to harass, intimidate and get back.

It is therefore always difficult to espouse one view of the issue without running the risk of being completely wrong, or at the very least, unfair. And this is where it is very important to consider the courts as the sole dispassionate arbiter of the matter.

Right now, the issue of libel has again come to the fore with the arrest of radio station manager Carlo Duga-Duga in connection with a libel charge filed by Vice Governor Greg Sanchez over comments made by one of his commentators on one of his business products.

The arrest of Duga-Duga is unfortunate because he is nothing more than a victim of this thing we call command responsibility. He had nothing to do with the allegedly offensive remarks in question.

It is even more unfortunate as Philippine jurisprudence on such things are about to change soon in light of pending legislative measures that, one) allows an offended party the right to reply and, two) decriminalizes libel, taking away imprisonment but leaving the fine.

How the two proposed measures go in the next few months will have rendered the fate of Duga-Duga untimely. Besides, as colleagues in the profession, we know Duga-Duga to be a responsible person who did not deserve the indignity of arrest.

Be that as it may, we do not condemn libel per se, as we believe all persons, no matter which side of the issue you may happen to be, are entitled to all inalienable and applicable rights. What we condemn is the irresponsible and abusive use of such rights.

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