Abolishing the Penalty of Imprisonment in Libel Cases

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session JUL 14 AI0:38 SENATE S. No. Introduced by Senator Jinggoy Ejercito Estrada AN ACT ABOLISHING THE PENALTY OF IMPRISONMENT IN LIBEL CASES AND PROVIDING FOR THE VENUE OF THE CIVIL ACTION IN LIBEL CASES AGAINST COMMUNITY JOURNALISTS, PUBLICATIONS OR BROADCAST STATIONS, AMENDING FOR THE PURPOSE CERTAIN PROVISIONS OF ACT NO. 3815, OTHERWISE KNOWN AS THE REVISED PENAL CODE, AS AMENDED, AND FOR OTHER PURPOSES EXPLANATORY NOTE The Philippines is perceived as one of the most dangerous places in the world for journalists, with numerous cases of killings against media practitioners in recent years. • In the Committee to Protect Journalists (CP]) 2022 Global Impunity Index which calculates the number of unsolved journalist murders as a percentage of each country's population, the Philippines ranked 7th in the world with 14 unsolved murders'. This ranking improved in the 2024 Global Impunity Index where the Philippines ranked gth in the world with 18 unsolved murders. However, it was still noted that, "The Philippines, also on the index every year since 2008 and frequently in the No. 1 or No. 2 spot, has logged an unsolved murder of a journalist almost every year since 1992. Full justice remains elusive for the 32 reporters and media workers killed in the Maguindanao "https://cpi.org/reports/2022/11/killing-with-impunity-vast-majority-of-journalists-murderers-go-free/

massacre 15 years ago - one of the deadliest attacks on the press - as well as journalists like Gerry Ortega, a radio broadcaster killed in 2011. 12 Between 1992 and 2024, CPJ has recorded fifty (50) journalists who were killed in the Philippines.3 Meanwhile, according to the 2023 World Press Freedom Index which evaluates the environment for journalism in 180 countries, the country ranked 1320d with 46.21 Global Score - or an improvement from the previous year's 147th standing with 41.84 Global Score. It noted that: "The 1987 Constitution guarantees freedom of the press but, in practice, Philippine law does not protect the free exercise of journalism."4 In 2024, the country slipped down by two (2) ranks, standing 134th in the world with 43.36 Global Score.5 It does not help that while journalists are under attack, the domestic legal framework poses another serious threat - through imprisonment due to libel, which is currently a criminal offense. While it is the right of individuals to be protected from irresponsible reporting or commentary, imprisonment is not a just penalty for such. Civil damages may be enough penalty and deterrence. Also, under present rules, the complainant or offended party in a libel case, if one is a public officer, may file the complaint in a trial court in Manila if his office is in Manila, or in a trial court outside Manila if his office is located there. If the offended party is a private person, then the venue of filing is in a trial court in his place of residence at the time of the commission of the alleged libelous act. Such have been used and abused by subjects of news articles or other journalistic pieces in order to harass and cause inconvenience to the journalists and media organizations. They file libel suits in far-flung places, away from the office of the said media practitioners, have them imprisoned and/or pose bail, even if the cases are eventually withdrawn or settled, if not dismissed by the court. 2 Haiti, Israel most likely to let journalists' murders go unpunished, CPJ 2024 impunity index shows - Committee to Protect Journalists 3 Explore CPJ's database of attacks on the press 4 https://rsf.org/en/country/philippines 5 Index L RSE

It is the duty of the State to afford ample protection to journalists, which, in turn, translates into adherence to a larger cause: the promotion of the Constitutionally-protected right to expression. This bill seeks to decriminalize libel and limit the venue of filing libel suits. This representation authored a similar measure during my first term as a Senator in 2004 during the 13th Congress, , and refiled the same in the succeeding 14th7, 15th8 and 16thg Congresses. It is unfortunate that despite the clarion call of mass media organizations and human rights groups to amend prevailing laws on libel, they have remained untouched over the years. Efforts to revise existing laws to strengthen press freedom have languished in the Senate legislative mill for two decades since I first filed this bill. The passage of this legislation is earnestly sought. INGGOY EJERCITO ESTRADA 6 Senate Bill No. 977 filed on 30 June 2004 > Senate Bill No. 5 filed on 30 June 2007 8 Senate Bill No. 83 filed on 01 July 2010 and Senate Bill No. 683 filed on 07 July 2010 ° Senate Bill No. 1387 filed on 28 August 2013 and Senate Bill No. 1962 filed on 27 November 2013

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session ) 25 JUL 14 110:38 SENATE Mari S. No. Introduced by Senator Jinggoy Ejercito Estrada AN ACT ABOLISHING THE PENALTY OF IMPRISONMENT IN LIBEL CASES AND PROVIDING FOR THE VENUE OF THE CIVIL ACTION IN LIBEL CASES AGAINST COMMUNITY JOURNALISTS, PUBLICATIONS OR BROADCAST STATIONS, AMENDING FOR THE PURPOSE CERTAIN PROVISIONS OF ACT NO. 3815, OTHERWISE KNOWN AS THE REVISED PENAL CODE, AS AMENDED, AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Article 355 of Act No. 3815, as amended, otherwise known as the

2 Revised Penal Code, is hereby amended to read as follows: "Article 355. Libel by Means of Writing or Similar Means. - A libel committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means, shall be punished by [prisión correccional in its minimum and medium periods or] a fine ranging from [200 to 6,000 pesos, or both,] TEN THOUSAND PESOS (P10,000.00) TO THIRTY THOUSAND PESOS (P30,000.00), in addition to the civil action which may be brought by the offended party. "THE PROVISIONS OF ARTICLES 90 AND 91 TO THE CONTRARY NOTWITHSTANDING, THE OFFENSE

AND PENALTY IMPOSED ABOVE SHALL PRESCRIBE IN SIX (6) MONTHS COUNTED FROM THE DATE OF THE FIRST PUBLICATION, AIRING OR EXHIBITION OF THE LIBELOUS MATERIAL."

Sec. 2. Article 356 of the same Act is hereby amended to read as follows:

"Art. 356. Threatening to Publish and Offer to Prevent Such Publication for a Compensation. - [the penalty of arresto mayor or a fine from 200 to 2,000 pesos, or both,] A FINE RANGING FROM FIVE THOUSAND PESOS (P5,000.00) TO FIFTEEN THOUSAND PESOS (P15,000) shall be imposed upon any person who threatens another to publish a libel concerning him or the parents, spouse, child, or other members of the family of the latter, or upon anyone who shall offer to prevent the publication of such libel for a compensation or money consideration."

Sec. 3. Article 357 of the same Act is hereby amended to read as follows:

"Art. 357. Prohibited Publication of Acts referred to in the Course of Official Proceedings. - [The penalty of arreste mayor of a fine of from 200 to 2,000 pesos, or both,] A FINE RANGING FROM FIVE THOUSAND PESOS (P5,000.00) TO FIFTEEN THOUSAND PESOS (P15,000.00) shall be imposed upon any reporter, editor or manager of a newspaper, daily or magazine, who shall publish facts connected with the private life of another and offensive to the honor, virtue and reputation of said person, even though said publication be made in connection with or under the pretext that it is necessary in the narration of any judicial or administrative proceedings wherein such facts have been mentioned."

Sec. 4. Article 360 of the same Act is hereby amended to read as follows:

COURTS. JURISDICTION TO THE EXCLUSION OF OTHER SHALL ACQUIRE ACTION IS FIRST FILED HOWEVER, THAT THE COURT WHERE THE CIVIL BROADCAST STATION IS LOCATED: PROVIDED, SAID COMMUNITY JOURNALIST, PUBLICATION OR PRINCIPAL OFFICE OR PLACE OF BUSINESS OF THE COURT OF THE PROVINCE OR CITY WHERE THE STATION SHALL BE FILED IN THE REGIONAL TRIAL JOURNALIST, PUBLICATION OR BROADCAST IN CASES OF LIBEL AGAINST A COMMUNITY "ARTICLE 360-A. VENUE. THE CIVIL SECTION hereby inserted after Article 360 of the same act, to read as follows:

Sec. 5. A new article, to be numbered as Article 360-A of the same Act, is

"XXX." PUBLICATION. APPROVAL FOR REQUIRED THE LATTER'S EDITOR OR BUSINESS MANAGER FOR EDITING AND ARTICLE PASSED THROUGH SAID PUBLISHER, author thereof: PROVIDED, THAT DEFAMATORY contained therein to the same extent as if he were the or serial publication shall be responsible for any defamation editor or business manager of a daily newspaper, magazine "The author or editor of a book or pamphlet, or the responsible for the same. be shall WORDS DEFAMATORY CONTAINING EXHIBIT THEATRICAL OR CINEMATOGRAPHIC PERSON WHO SHALL CAUSE THE EXHIBITION OF AUTHOR OF THE PUBLISHED ARTICLE OR ANY of any defamation in writing or by similar means,] THE shall publish, exhibit, or cause the publication or exhibition "Art. 360. Persons responsible. - [Any person who

"THE TERM 'COMMUNITY JOURNALIST, PUBLICATION OR BROADCAST STATION' SHALL BE UNDERSTOOD TO MEAN A JOURNALIST OR NEWS MEDIUM THAT OPERATES WITHIN A LIMITED AREA OF CIRCULATION OR BROADCAST IN A CITY, PROVINCE OR REGION, AS DEFINED UNDER EXISTING LAWS."

Sec. 6. Separability Clause. - If for any reason, any provision of this Act is

full force and effect. declared unconstitutional or invalid, such parts not affected thereby shall remain in

Sec. 7. Repealing Clause. - All laws, decrees, executive orders, rules and

regulations and other issuances or parts thereof which are inconsistent with this Act are hereby repealed, amended or modified accordingly.

Sec. 8. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in any two (2) newspapers of general circulations. Approved,