A number of countries have urged the Marcos government to decriminalize libel and ensure the freedom of the press in the Philippines
Protection for journalists takes center stage at the Universal Periodic Review (UPR) in the United Nations as several countries urged the Marcos administration to decriminalize libel and cyber libel in the Philippines.
The UPR is a process where UN Human Rights Council and other UN member-states assess and give recommendations to better address the human rights record of a country. The Philippines recently underwent this process on November 14 in Geneva, Switzerland.
During the UPR, Canada recommended that the Philippine government “take appropriate steps to amend the Revised Penal Code and the Cybercrime Prevention Act in order to decriminalize libel and cyber libel, in favor of civil proceedings.”
The United States, meanwhile, said the Philippine government should “review and revise laws and regulations that unduly restrict or inhibit freedom of expression and independent media,” citing also the Revised Penal Code, the Cybercrime Prevention Act of 20212, as well as section 9 of the Anti-Terrorism Act of 2020.
Several other countries – including Czech Republic, Greece, and Italy, among others – called on the Marcos administration to cease attacks and harassment on journalists and take appropriate actions to ensure media freedom in the Philippines.
Data from the Department of Justice show that at least 1,159 cyber libel cases were filed in court between 2012 and November 9, 2022. Out of this number, 1,198 were dismissed and 18 led to convictions.
Nobel Laureate and Rappler CEO Maria Ressa and former researcher Rey Santos Jr were convicted of cyber libel in 2020 by the Manila Regional Trial Court Branch 46. The case, which tested the Philippines’ controversial cybercrime law, was filed by businessman Wilfredo Keng and came as the administration of former president Rodrigo Duterte continued its attacks on Rappler and other media organizations.
The Court of Appeals denied Ressa and Santos’ motion for reconsideration in October 2022.
Condemning the decision, UN special rapporteur on freedom of opinion and expression Irene Khan urged the government to bring an end to attacks against the media.
“The criminalization of journalists for libel impedes public interest reporting and is incompatible with the right to freedom of expression,” she said in July. “Criminal libel law has no place in a democratic country and should be repealed.”
Source: Rappler