lagging eforts of journalists’, media advocacy, and human rights defenders’ groups. Under the libel provisions of the 1932 Revised Penal Code and the 2012 Cyber Crime Prevention Act, journalists can still be imprisoned if convicted of libel in the Philippines, just as, in certain other countries, they can also be jailed for this or that alleged offense.
In re-filing her and her fellow sponsors’ House Bill 1769 last July, Alliance of Concerned Teachers Representative France Castro was moved by outrage over the Court of Appeals’ upholding of a lower court’s cyber libel conviction of Nobel Peace Prize Laureate and online news siteCEO and Editor Maria Ressa for which she can be imprisoned for six years or more if her appeal to the Supreme Court is denied.
Ms. Hontiveros’ fellow senator Raffy Tulfo supports the decriminalization of libel, but on the condition that any bill that would do so will cover only those practitioners from “established” media organizations who adhere to the ethical and professional standards of journalism. Those who spread disinformation or “fake news,” he insisted, should still be subject to imprisonment.
However, Section 4 of Article III, the Bill of Rights of the Constitution, declares that “no law shall be passed the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for the redress of grievances.” Is an opinion on a public issue that departs from government’s views, or criticism of government even when supported by relevant facts “disinformation?” The interest of any administration and its officials in getting public approval through favorable media reports and commentary makes it a political issue that could inuence a court’s or any other government agency’s deciding whether something reported, analyzed, or interpreted by a journalist is “fake news” or not.