TMT top honcho cautions media on move to decriminalize libel

RESPECTED The Manila Times (TMT) owner and Chief Executive Officer (CEO) Dante ‘Klink’ Ang Jr., cautioned media organizations pushing for the ‘decriminalization of libel’ pointing to its potential unintended consequences.

Speaking before a huge gathering of media professionals during a Metro Manila-wide ‘Media Summit’ organized by the Presidential Task Force on Media Security held at the Bayview Hotel in Manila last September 19, 2023, Ang noted the campaign to decriminalize libel risk the potential of more convictions for the members of the press.

“Remember that in criminal cases, guilt must be proven beyond reasonable doubt while in civil cases (as what the proponents of decriminalization want), only a preponderance of evidence is needed for conviction,” the respected publisher noted.

Philippine media organizations have been campaigning for the decriminalization of libel since the so-called ‘restoration of democracy’ in 1986 after the success of the foreign-backed coup against President Ferdinand Marcos Sr.

Libel remains a criminal offense under Article 353 and Article 355 of the Revised Penal Code and its penalty increased by “one degree” under Section 4 of RA 10175 or the Cybercrime Prevention Act of 2012.

For his part, Undersecretary Paul M. Gutierrez. PTFoMS Executive Director who is also a long-time field correspondent and columnist for the Journal Group, noted that while he originally supported the decriminalization of libel, doing so may also result to more abuses by unscrupulous elements within the media profession.

“My present position has given me the opportunity to see the bigger media landscape and I fear that decriminalizing libel may result to more acts of violence against the members of the press should libel be downgraded to a mere civil case,” Gutierrez said.

He also noted that the ‘sting’ of being convicted for libel has already been addressed by the Supreme Court under Chief Justice Reynato Puno.

As chief magistrate, Puno on January 28, 2008, issued Administrative Circular 08-2008 that has since then served as the “guideline” for all courts to observe a “rule of preference” in the imposition of penalties for libel cases.

AO 08-2008 enjoins all judges to exercise “sound discretion” and “taking into consideration the peculiar circumstances of each case, determine whether the imposition of a fine alone would best serve the interests of justice…”

Ang, who spoke on the ‘Basic Ethical Guidelines for the Media’ during the summit, also stressed the importance of developing the public’s “trust” in any news entity, further emphasizing that upholding ethical media practices must be observed regularly by those in the profession.

He said that consistently observing ethical media practices had served the TMT well, noting that despite the challenges of competitors and the changing media landscape brought by the advent of social media, the TMT had even doubled its print edition.

Meanwhile, attendees lauded the PTFoMS for its successful hosting of the summit jointly with the Public Attorney’s Office (PAO) with a total of 181 participants coming mainly from the private mainstream media, the academe and public information officers from various government agencies.

Aside from Ang, among those who delivered their message and shared their expertise were PAO chief, Atty. Persida Acosta, Department of Justice Secretary Jesus Crispin Remulla; Presidential Communications Office (PCO) Assistant Secretary Michel Andre del Rosario;

Atty. Ramon Antonio Sabinorio, PAO-Manila, who discussed libel and cyberlibel; Atty. Evecar Cruz Ferrer, an expert on International Humanitarian Law (IHL); and, Mr. Alvin Cloyd Dakis, a well-known expert on Gender Development.

Another veteran newsman, Roby Alampay of One News Channel (TV5) and official of the International Media Support (IMS), a foreign-funded media advocacy group, also delivered his message on the significance of the ‘Philippine Plan of Action for the Safety of Journalists’ (PPASJ). The PTFoMS has agreed to support its implementation and to adopt some of its recommendations.

The PTFoMS said that in close partnership with the PAO, similar regional media summits would also be held in various parts of the country up to the end of the year.