‘Freedom of expression not absolute’

Malacañang on Monday maintained its stance that freedom of expression and of the press, as guaranteed by the Constitution, is not an absolute right.

Citing landmark decisions of the Supreme Court, Chief Presidential Legal Counsel and Presidential Spokesperson Salvador S. Panelo said in a Palace press briefing that once a person, be it a journalist or a private person, violates the rights of another through malicious statements, he or she should be accountable for the same.

“Ang nakakalimutan kasi ng mga invoking freedom of expression and of the press [advocates] na ‘yung ordinaryong mga mamamayan may karapatan din na magdemanda kahit na kanino iyan, ke peryodista o kolumnista, kung nilabag ang kanyang karapatan,” Panelo said.

“Mayroon din silang karapatan. Maraming beses na sinabi ng mataas na hukuman na ang kalayaan ng pagpapahayag ay hindi absolute. Kapag nilabag mo naman ang karapatan ng isang tao, mananagot ka din sa batas,” he added.

The statement was issued in light of allegations by Rappler CEO Maria Ressa that her right was violated when she was arrested last week over a cyber libel complaint.

“Ang naging problema yata kay Maria [Ressa], she wants a special treatment. Hindi naman pupwede iyon. Lahat tayo ay pantay-pantay,” Panelo said.

The chief legal counsel of the President refused to comment further on the position of the Department of Justice (DoJ) on Rappler’s continuing publication in relation to when the law penalizing cyber libel was passed, saying the issue should now be left for the court where the case is pending to decide.

“Whatever it is, whether the opinion of the DoJ or the opinion of the respondent is correct or not, I think we have to leave it to the courts to decide whether or not sino ang tama sa kanila,” he said.

On libel, Panelo clarified that it is too difficult to prove more so for the case to flourish in the courts since malice should first be established by the alleging party.

“’Iyong libel, it’s an ordinary crime. Maliit din ang penalty. Pangalawa, mahirap probahan iyon kasi you have to prove malice. Mahirap mag-prove ng malice,” he said.

Meanwhile, Presidential Communications Operations Office (PCOO) Secretary Martin M. Andanar said Monday there will be no public funds wasted in the government’s Press Freedom Caravan (PFC) in European countries to discuss media-related issues.

Andanar made the clarification after Sen. Francis Pangilinan questioned the meeting of PCOO officials with European journalists to discuss press freedom and possibly answer questions in relation to the cyber libel case filed against Ressa.

The caravan in Brussels took place from Feb. 17 to 18 and will be held in Geneva, Switzerland on Feb. 20.

“All engagements in Bosnia, Brussels and Geneva are all part of PCOO mandate to deliver and disseminate information relation to policies, programs, and achievements of the President and Executive Branch,” Andanar said in a statement.

“Rest assured no public funds are wasted in this official mission which came about from a directive from the National Security Council,” he added.

Andanar also explained that he, as well as other officials of his agency, did not know about Ressa’s arrest over a cyber libel case beforehand and merely used it as an example of what might be raised during the caravan.

“The arrest of Ms. Maria Ressa happened two days after the official delegation left for Europe. Nobody from the delegation was aware it was coming. In any case, it is just natural for me to instruct the PCOO officials in Europe to answer possible queries about Ms. Ressa,” Andanar said.

“I only used Ressa’s case as an example of what might be raised in the caravan; We didn’t know much about the Ressa case when we prepared for this trip,” he added.

Pangilinan had asked the agency to reveal how much was spent for the trip.

“Why is the government suddenly interested in clearing its name before the international community on the arrest of Maria Ressa when before, when before it has ignored criticisms on extrajudicial killings as a result of the drug war?” Pangilinan said in a statement.

“Aren’t the President’s defenders enough to parry the views on the apparently harassment incident? Could it be that Secretary Andanar and the PCOO people just want a whiff of winter, thus, the sudden urge to go into this information caravan?” he added.

Andanar explained that the caravan is a side event in-between official meetings with officials from the EU Parliament, Belgian Ministry of Foreign Affairs, UN Working Group on Enforced or Involuntary Disappearances, European Commission, and leaders of the Filipino community.

He emphasized that a Philippine delegation will be meeting with these officials to discuss ways to address communist insurgency.

“PCOO, being a committee member of the National Task Force (NTF) to End Communist Armed Conflict pursuant to Executive Order 70, provides communications support in terms of messaging and content to the anti-Communist Terrorist Groups efforts,” Andanar said.

“The engagement of PCOO in the NTF alongside relevant agencies of gov’t in the security cluster is necessary in the adoption of a National peace framework as directed by the President by putting together the context, messaging and communication plan for the whole-of-nation approach to be executed by the NTF,” he added.

Andanar said that the PCOO in the same NTF mission, found it ”an opportune time” to include a PFC to maximize the official trip.

Before the PFC in Europe, Andanar said the first caravan in a foreign country was conducted in Bangkok, Thailand in January this year.

In a phone interview, Andanar said that officials of the PCOO including Undersecretaries Lorraine Badoy and Joel Egco, the Executive Director of the Presidential Task Force on Media Security; and Assistant Secretary Kris Ablan will be part of the delegation.

In December 2018, Duterte, through Executive Order No. 70, created an 18-member task force tasked to craft a national peace framework which will include a mechanism for local peace engagements.

Under the EO, a whole-of-nation approach will be implemented to ensure participation of all sectors in the pursuit of the country’s peace agenda.