Congress told: Decriminalize libel, cyberlibel charges
Congress must look into decriminalizing libel and cyberlibel cases in view of the recent cases filed against journalists in the practice of their work, a human rights lawyer said.
Atty. Dino de Leon, the legal counsel of veteran journalist Philip Lustre Jr., urged lawmakers on Wednesday to reconsider the punishment for individuals that were charged with libel and cyberlibel complaints.
He argued that the punishment for issues linked to statements and social media posts that damaged reputations of individuals was disproportionate in nature.
"A claim of damaged reputation should not automatically place someone's liberty at risk. Criminal libel can punish a person long before a verdict," De Leon said.
The human rights advocate highlighted the physical and financial toll that such charges placed on respondents, noting that some cases take years before reaching a resolution.
De Leon stressed that such expenses could be negligible on the part of wealthy individuals but could severely deplete resources of a journalist in the Philippines.
"A powerful and wealthy complainant with about P817 to P1.5 billion in potential wealth can definitely afford that process. An ordinary journalist may be financially broken by it," he expressed.
"That is why Congress must act. Decriminalize libel and cyberlibel," he added.
The sentiment's of the lawyer come just days after Lustre was arrested by authorities on Saturday, 24 October, over a cyberlibel charge that was filed against him in Davao City.
The complainant was later identified as Atty. Manases "Mans" Carpio, the husband of Vice President Sara Duterte, over a social media post that the journalist had implying that Carpio financially supported the public appearance of alleged bodyguards of former congressman Zaldy Co.
Lustre was taken and detained at the Quezon City Police District Kamuning Police Station 10, he posted bail amounting to P48,000 on the same day.
Aside from the nature of the case, De Leon questioned the enforcement of the arrest warrant on his client despite a supposed failure of authorities to ensure that Lustre was afforded with due process.
The lawyer said that the veteran journalist had never received a copy of the complaint prior to the arrest, nor a subpoena asking for his response to the allegations.
"[Lustre] learned that he had to defend himself when the police were already there to handcuff him," he stated.
De Leon further challenged why authorities were bent on restraining Lustre for his social media post, while not applying the same process to Duterte who had allegedly verbally threatened the President, the first lady, and the former House Speaker.
"Why are the double standards in the country like that? When it is the Dutertes or the powerful, the treatment is different?" he asked.
Reiterating the implications of Lustre's arrest, De Leon again echoed his call to Congress to implement reforms to the law that placed his client in prison.
While acknowledging that journalists and individuals that made false and malicious statements should be held accountable, the lawyer maintained that legal remedies against such damages must not immediately deprive a person of their liberty.
"We secured his freedom on Saturday. We will now fight for his rights and for a justice system that protects the rights of journalists and ordinary citizens," De Leon said.
It is worth noting that lawmakers at the House of Representatives expressed their concern over the recent cyberlibel cases against Lustre and media personalities from GMA 7.
Bicol Saro Rep. Terry Ridon said Monday, 26 October, that he would be supporting a House resolution that would urge for a congressional inquiry to be conducted on the case.