Libel and the freedom of expression

Whenever the courts decide to acquit a writer of libel, defamation, or slander for expressing his critical views, it means that the freedom of expression is so important as a bedrock of liberty and democracy that societies and governments should not silence a dissenter even if his opinions are quite unpleasant and even disturbing. That is if he focuses on public issues of national interest. The private life and personal honor even of public officials are restricted territory.

But when courts convict an opinion writer, broadcaster, or commentator who strays into the private affairs and invade the individual honor and reputation of a public official, it also means that an individual, even if he or she is a public official, has his or her own rights that the Bill of Rights equally protect. The adage that public officials should not be onion-skinned refers to issues that are of public interest. The moment a commentator intrudes into the personal lives of others, whether private citizens or public officials, the law would also protect the victims' honor and integrity. But then again, that presupposes that the victim is properly identified and not just because he or she feels alluded to.

Evelyn Beatrice Hall said: "I disapprove of what you said but I shall defend to death your right to say it." It was Socrates, who in 399, before Christ, preferred to drink the cup of poisonous hemlock rather than give up his mission to educate the youth of Athens, as his own expression of the truths that he believed in and taught about. The Philippine constitutions, the 1935, the 1973, and the 1987 charters, precisely adopt in their Bill of Rights what are enshrined in the First Amendment of the US Constitution, providing in Section 4, Article III "No law shall be passed abridging the freedom of speech, of expression or of the press or of the right of the people peaceably to assemble and petition the government for redress of grievances."

Jesus himself was condemned and crucified for denouncing the powers-that- be during his time. Mahatma Gandhi, Dr. Martin Luther King, Dr. Jose Rizal, and Ninoy Aquino were all killed for telling the truth. And so, if you are a writer or a broadcaster and you are accused, convicted, and jailed for telling the truth, remember what Ninoy said to the military tribunal in Fort Bonifacio: "If you obey your superior who is my prime accuser, and that I shall die by firing squad, so be it. I would rather die standing up than live on my bended knees." Writers should find inspiration from Dr. Rizal who was ordered executed, not really because of treason, sedition, or insurrection, but for his novels “Noli me Tangere” and “El Filibusterismo” that hit the jugular of the Spanish friars and Spanish military officialdom. For indeed, "the pen is mightier than the sword."

As early as 1922, Justice Malcolm, in acquitting a writer of La Nacion in People vs. Perfecto, held that the freedom of expression is a cherished foundation needed to preserve both democracy and liberty. He said that while truth is not a defense in libel, public officials should have more tolerance for criticism because whatever wound of unjust accusation can very well be assuaged by a clear conscience. In Yabut vs. Ombudsman, a 1994 Supreme Court ruling even held that a public official, especially an elected one, should not be onion-skinned because a public official is a public property. He or she should be ready to be pilloried in the free market of opinions. Of course, we hasten to interject that if the writer invades private domains beyond the ambit of public affairs, the law on libel may be invoked to protect individual rights.

This writer happens to be a Law professor teaching Constitutional Law. The Bill of Rights is our constant area of discussions under the atmosphere of academic freedom. Daily, when I meet my students, we debate and argue on the scope and limits of the freedom of expression. We always end with the maxim that no right is absolute, no freedom is limitless. In Latin, "sic utere tuo ut alienum non laedas". Use your right but not to injure the right of others. And I always tell them that your right to swing your arm ends where my nose begins.