The Commission on Human Rights (CHR) on Wednesday raised concern on how cyber libel has been recently used to suppress press freedom and threaten the right to free expression.
The conviction of Baguio City-based journalist Frank Cimatu for his social media post five years ago against ex-agriculture secretary Emmanuel Piñol is the most recent case of a pattern of legal actions targeting critics of the government, it said.
The case stemmed from a post by Cimatu on Facebook back in 2017. The journalist argued that the post was made private since it was only published to be seen by his social media friends. However, the court said this was immaterial as the post was made using the “public” setting.
“Once more, the CHR reminds the Philippine government that as a State party to the International Covenant on Civil and Political Rights (ICCPR), it has the obligation to protect people’s rights to freedom of opinion and expression. When these rights are compromised, especially for journalists and critics, the government also cripples one of its informal feedback mechanisms that serve to inform and improve government policies and decisions,” its statement read.
The CHR is also urging lawmakers to process Senate Bill 1593 or the Decriminalization of Libel Act filed by Senator Risa Hontiveros, saying that “libel laws have been used and abused by private parties to advance their various interests, and by public personalities to shield themselves from public scrutiny, even on matters of public concern.”
“As such, the CHR also urges our legislators to process Senate Bill No. 1593, introduced by Sen. Risa Hontiveros, which seeks to decriminalize libel. The Commission agrees with its observation that recently, “libel laws have been used and abused by private parties to advance their various interests, and by public personalities to shield themselves from public scrutiny, even on matters of public concern.” SB 1593 also echoes the ICCPR when it states that imprisonment is too harsh a penalty for libel,” it noted.
The agency hopes that the Court of Appeals would consider the plea in the Cimatu case.
“Furthermore, the Commission believes that, instead of suing for libel, the most responsible way for government officials and politicians to deal with criticism is through open discussions and the
exercise of transparency. These further promote Article 19 of the ICCPR, covering not only the freedom of expression but also the right to receive and impart information, especially concerning public affairs,” it said.
“Still, the CHR understands that the decriminalization of libel requires careful deliberation. Though libel can be weaponized against free expression, laws against libel remain one of society’s safeguards against disinformation. The discourse over this bill should thus encompass not only the mentioned rights; it must remain mindful of facts and truths,” it added.
About disinformation, it suggests an approach similar to what the Office of the United Nations High Commissioner on Human Rights proposed — the guidelines should be established so lawful efforts directed against libel would aim to correct erroneous information, instead of applying legal restrictions. Freedom of expression and the prevention of the spread of disinformation both contribute to human rights and must not be seen as conflicting values.
The court sentenced Cimatu to a minimum imprisonment of six months and one day and a maximum imprisonment of five years, five months, and eleven days and was ordered to pay P300,000 in moral damages to Pinol.