Should libel be decriminalized?

The recent conviction of Tribune publisher Ninez Olivarez has sparked renewed debates concerning the decriminalization of libel. The Olivarez case is arguably the most high profile libel case since the time of the late Louie Beltran and my dear friend Max Soliven, when then-president Cory Aquino sued both of them for that famous “hiding under the bed” article Beltran wrote during the 1989 coup attempt. This time, the libel suit was filed by a private entity ‑ the Villaraza Cruz Marcelo and Angangco law firm or CVC Law  — more known by its popular moniker “The Firm” — based on a June 2003 article titled “Firm’s partners ensure victory for AEDC” written by Olivarez.

“The Firm” said the article maliciously accused lawyer Pancho Villaraza and CVC Law of influence peddling, imputing they have power over the judiciary and other government offices to favor certain interests ‑ in this case AEDC which lost to Piatco in a bid to build NAIA terminal 3. The June 2003 article was just one of a series of write-ups which the law firm deemed libelous. In fact, there are 47 other libel cases filed against the Tribune publisher, all of which reportedly accused Pancho Villaraza and “The Firm” of extorting $20-70 million from Fraport AG — Piatco’s German investor — “to fix” the legal problems Piatco subsequently got embroiled in.

Olivarez based her articles on a supposed taped conversation between Fraport officials and their German counsel, with none from CVC Law taking part in the purported conversation. The law firm maintained the tape was illegal and of a dubious source, and Olivarez herself admitted she never made any attempt to verify and continued writing articles which CVC Law deemed libelous.

It took the Makati RTC five years to resolve the case, finding Olivarez guilty and sentencing her to a minimum of six months to a maximum of two years in prison, ordering her to pay P5 million and P33.7 million in moral and civil damages, respectively. Atty. Rodel Cruz of “The Firm” said that definitely, this is not for the money, but to ensure that media is not used to malign or defame private individuals, and to distinguish good journalism from malicious reporting. And to show that they are not after journalists, the law office offered to donate the P5 million to the Philippine Press Institute to establish a “legal defense fund for legitimate journalists unjustly accused of libel.”

In some parts of Europe, courts discourage people from filing frivolous cases by making litigation losers pay for expenses incurred by the winning party, including damages. This law could protect journalists from being unnecessarily harassed by overly sensitive individuals — which I totally agree with.

As expected, media groups assailed the decision saying it threatens press freedom and sends a chilling message to journalists. Another concern is that the law could be used to harass and intimidate media men into silence particularly on issues that are of grave public concern. On the other hand, there are those who believe journalists must be put on notice, and that they should not be given blanket freedom to write or say anything against anyone under the guise of press freedom. Many believe libel should not be decriminalized to maintain a measure of protection for people especially private individuals who could find themselves the subject of relentless — and unfounded — attacks by media practitioners.

Press Secretary Toting Bunye correctly pointed out that “press freedom is not absolute,” and the power of the pen must be wielded with responsibility and “must never be used to destroy reputations especially when private individuals are involved.”

With due respect to our media friends, there are really a number of irresponsible journalists who use the profession to bilk and harass individuals. It’s no secret there are those who engage in the AC/DC ‑ attack and collect, defend and collect — brand of journalism. Like it or not, I really think there are a number of abusive, corrupt media people who engage in shenanigans and do it with impunity. High-profile individuals especially those holding public positions are particularly vulnerable to the sting of a journalist’s pen, with the principle of “fair commentary” usually invoked to rationalize a critical write-up.

A couple of years ago, Max Soliven and I were subjected to a high-profile libel case. But even then, Max himself said there are times when libel cases were warranted, and that there must be some measure of responsible journalism. The Philippines has one of the freest media in the world, but this is not an excuse to engage in irresponsible and unfounded reporting. Let’s face it, there are pseudo columnists and commentators particularly in provincial areas who have no regard for journalism ethics and mount baseless tirades against individuals. Maybe that’s why there are extra-judicial killings of journalists especially in the countryside because of overly abusive journalism. Filipinos are imbued with that Latin ego and temperament, making them prone to anger and raring to do a Charles Bronson, vigilante-style “swift justice” against those who have hurt their reputation. 

Admittedly, there are valid arguments on the need to amend — if not decriminalize — the country’s libel laws, such as the imposition of jail terms and the lack of standards in determining the amount to be awarded for civil and moral damages in case of a conviction. However, for those who do not have resources to seek redress through the courts, a prison term of two years and millions awarded in damages will never be enough to compensate for the suffering they have to endure because of shattered reputations, ruined families and a lifetime of ignominy and shame due to malicious and libelous reporting.

*    *    *

E-mail: [email protected]