One 'lie' = 1/4 of a life sentence
For writing the lines “the first President ever to have to hide under a bed,” my father Louie Beltran found himself charged, tried, convicted of libel, and sentenced to 2 years in prison and ordered to pay P2 million. My father died a “convicted man” because of a figure of speech.
Only after his death did the Court of Appeals overturn the RTC ruling and dismissed the case. All the way to his grave, Louie Beltran consistently referred to the alleged libelous statement as nothing but a figure of speech. He had to go through numerous court hearings, ruined professional relationships, estranged friendships, and great expense and never saw the day that he would be acquitted and found innocent of the charge. Neither he nor his estate were ever compensated for the “wrongful suit” much less given an apology or reconciliation. Out of christian decency and respect of past friendships, we his family silently laid to rest any and all rancor alongside our father’s remains.
Today, however, I find myself having to dig up the past if only to save our common future in terms of our freedom of expression, as well as logic and common sense.
So much argument has been raised for and against the cyber crime law. We learned that those we have entrusted to do the work of legislation have been criminally remiss in safeguarding our human and constitutional rights. No less than the principal author of the bill, Senator Edgardo Angara, has been quoted as saying that “several insertions and omissions have been made” thereby changing the spirit and intent of the law. In hindsight and fear of an electoral backlash, Senators who never pushed hard to decriminalize libel, now act like penitents and true hypocrites, as if they were always champions of press freedom and decriminalizing libel. Only one Senator, a novice at that, TG Guingona stood against the ignorant majority in opposition to a bill that is more punitive than protective.
How is it that after the opposition of Senator TG Guingona, it never occurred to the members of the Senate that 6 to 10 years imprisonment for libel has nothing to do with punitive measures but is the purest form of intimidation and retribution against citizens and the media. On the flip side, may I ask the “honorable” members of the Senate what the punishment is for plagiarism, which is even worse because not only is it a form of lying but stealing as well? What punishment does Congress impose upon its members for the verbal abuse and character assassination that they practice upon their enemies and victims?
By omission or commission we discover that the President and the Executive department allowed a bill to pass into law that is “inconsistent and violates Article 19 of the International Covenant on Human Rights” specifically the Freedom of Expression. Presidential Spokesman Edwin Lacierda has chosen or is forced to defend a monster not of their creation and does so by focusing on the aftermath of the law, without ever admitting that the Executive department failed and allowed a draconian measure to become law. The Executive department condemns “hacking” of their websites but says nothing about the “sneaking” of prison terms for those who would speak their minds on social media.
At this stage, it is clear that Malacanang is adopting a “crisis management” principle straight out of the comic book “Garfield the cat,” where the feline character teaches his readers: “If you can’t convince them, confuse them.”
It is best to remind those in power of the Arab Spring rebellion that burned in many middle eastern countries. Three factors came together and these were: repressive regimes, internet savvy citizens, and social media. While bombs, bullets and brutality caused ruin, Netizens and social media slowly but surely brought down one repressive government after another. Because of the insertions and omissions intentionally done on the cyber crime law, politicians in the Philippines have awaken the new nation of Filipinos who will not sit meekly by nor keep the issue a local matter. To the government’s embarrassment, the sneak attack on the Filipino’s freedom of expression gives the world a better impression and picture of how politics and privilege is abused by those in power in the Philippines.
Today, the world knows that “social media is no longer fun in the Philippines,” that Facebook and Facetime can get you a jail time in the Philippines. Today if you SHARE something deemed libelous, you might share a prison cell as well.
Did the mahjong inspired legislators who use paningit tiles in their games (and also inserted the 10-year prison term) consider the fact that a 10-year prison term for libel is equivalent to one fourth of a lifetime prison term which is 40 years? Consider the fact that libel in its simplest form is a malicious lie, how on God’s earth can any decent human being, especially a bunch of people who love to be addressed as “Honorable,” justify sending a person to prison for ten years or the equivalent of 1/4 of a life sentence for telling a malicious lie?
No one suffers loss of life or limb, a judgement of libel in itself corrects and proves false any malicious or false statement. Cash compensation by international standards is already a bonus. But to send a person to jail for libel only serves to stroke the ego of the accuser and has nothing to do with real justice.
We the Netizens did not pick this fight, the politicians brought it to us. Let us therefore declare war on every member of Congress who conspired, authored or co-authored, or stood idly by and allowed the cyber crime law to be turned into a more evil version of Libel Law. Let us campaign for Oplan NOEL: NO-ELection of politicians and their relatives who support or did nothing to stop the criminalization of libel.
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