Scrapping jail time for libel cases vs journalists proposed

MANILA, Philippines — A senator proposed replacing imprisonment with fines as the penalty for libel cases involving journalists.

In Senate Bill No. 2521, submitted by Sen. Jinggoy Estrada on January 22, the lawmaker expressed concern that the existing legal framework, which poses the threat of imprisonment for journalists while they carry out their duties, is counterproductive and does not provide assistance during times when journalists are under attack.

“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,” Estrada said in his explanatory note.

The senator cited the 2022 Global Impunity Index which ranked the Philippines as the seventh country in the world with 14 unsolved journalist murders.

He also mentioned the findings of the 2023 World Press Freedom Index, where the country’s rank climbed to 132 from 147.

"The 1987 Constitution guarantees freedom of the press but, in practice, Philippine law does not protect the free exercise of Journalism," Estrada’s explanatory note read. 

Instead of imprisonment, Estrada suggested a fine of P5,000 to P15,000 on any reporter, editor, or manager of a newspaper, daily, or magazine who publishes information related to someone’s private life that is offensive to their honor, virtue and reputation.

The legislation also includes community journalists, who work within specific regions, as well as publications or broadcasting outlets.

Libel, which is punishable under the Revised Penal Code (RPC), is defined as “public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status or circumstance tending to cause the dishonor, discredit or contempt of a natural or juridical person or to blacken the memory of one who is dead.”

If found guilty, an individual may be imprisoned from six years to six months or a fine ranging from P200 to P6,000 pesos, according to the RPC. This penalty is separate from the civil damages an individual may file against an accused.

However, if libel is committed in cyber space, a case can be lodged