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No to Right of Reply bill

I’m glad that Senators Mar Roxas and Chiz Escudero have withdrawn their signatures on the dangerous Right-of-Reply bill that the Senate passed last July and which is due for second reading at the House of Representatives.

I’m not surprised about Rep. Monico Puentevella pushing for a bill that would be disastrous to democracy in this country. What can the people expect from an Arroyo lackey?

But Sen. Aquilino Pimentel Jr? He who fought the Marcos dictatorship? Disappointment is an understatement.

The National Union of Journalists of the Philippines is circulating a petition opposing the bill. I’m reproducing the statement here. This is for journalists to fight for their constitutional right to perform their job of informing the people.

The Constitution guarantees the right of the people to be informed so that they can make enlightened decisions. The Constitution says no law should be passed abridging freedom of the press. The Pimentel-Puentevella bill abridges freedom of the press.

Journalists who want to sign may write nujphil@gmail.com

Following is the journalists’ statement on the right of reply bill:

“The Right of Reply Bill is an ill-conceived piece of legislation that violates two of the most cherished freedoms guaranteed by the Constitution, those of the press and of expression.

“It is both unfortunate and ironic that the principal authors of the bill in the two chambers of Congress ought to have known better, Senator Aquilino Pimentel Jr. having earned his reputation as a champion of civil rights and Bacolod Representative Monico Puentevella having been president of the Negros Press Club.

“It is also clear, from the pronouncements of both lawmakers, that this bill is a product of the sorriest excuse for legislation – personal pique.

“The House version of the bill, HB 3306, parrots the Senate’s SB2150 except it would have the reply run a day after receipt instead of the three days the Senate grants, and seeks to impose heftier fines and the absence of self-regulation (in the case of block-timers) and sunset clauses.

“Both bills state that “all persons…who are accused directly or indirectly of committing, having committed or intending to commit any crime or offense defined by law, or are criticized by innuendo, suggestion or rumor for any lapse in behavior in public or private life shall have the right to reply to charges or criticisms published or printed in newspapers, magazines, newsletters or publications circulated commercially or for free, or aired or broadcast over radio, television, websites, or through any electronic devices.”

“They also would mandate that these replies be “published or broadcast in the same space of the newspapers, magazine, newsletter or publication, or aired over the same program on radio, television, website or through any electronic device.”

“The danger in the right of reply bill is that it would legislate what the media OUGHT to publish or air, while casting a chilling effect that could dissuade the more timorous from publishing or airing what they SHOULD.

“The bills would free public officials, especially the corrupt – and they are legion – of accountability and give them carte blanche to force their lies on the suffering public.

“As one article on the right of reply bill says, ‘It lumps together imputations of a crime with simple criticism ‘of any lapse in behavior in public or private life’ or what would otherwise be considered ‘fair comment.’ There is no judicial review. It does not differentiate direct and indirect criticism. It has been noted that under the proposed law a journalist does not even have to be in error to draw a right of reply claim.”

“We would be the last to say that the Philippine media are without fault. Yes, we understand perfectly the frustration and anger of Pimentel and Puentevella over some media outlet’s refusal to air their sides on issues.

“Alas, but we cannot allow the sins of the few to be an excuse for the wholesale muzzling of a free press and the suppression of free expression. To do so would allow bad governance to triumph.

“We call on Senator Pimentel and Representative Puentevella to withdraw their bills.

“We urge the media and the people to close ranks against the passage of this bill, to challenge it before the Supreme Court if it is passed, and, if even that fails, to defy it by refusing to comply.

“No less than our freedoms are at stake. This is a battle we cannot afford to lose.”

Published inMalayaMedia

24 Comments

  1. balweg balweg

    In support sa lahat ng mga Pinagpipitaganang Mamamahayan except sa mga tuta ni gloria, wag nýong papayagan na maisabatas ang bill na yan sapagka’t mahirap iasa sa mga kurap at sinungaling nating Mangbabatas ang kapalaran ng kalayaan sa Pamamahayag.

    Wala na kasing magawang matino o maisip na mabuti yang mga tuta ni gloria sa Kamara e at ang hirap pa nito baka may sumigunda pa sa Senado.

    Gagawa rin lang ng batas e butas-butas naman at walang ngipin…pumapabor lang ito kung sino ang naka-upo sa Malacanang.

    Walang kwenta sapagka’t kurap at sinungaling ang mga nagpapatupad nito, selective kung ipataw ang batas at sila-sila din naman ang nagproprotekta sa mga batas na dapat parehas ang paggawad nito either na mahirap o mayamang ka.

    Kaya i asked myself na nawawalan ng halaga ang mga natutuhan natin sa mga conferences/seminars na inilulunsad ng mga institusyon na may kinalaman sa paggawa at pagpapatupad ng batas.

    Kaya i challenge those who initiates itong Students Congress na ginagawa every year sa buong Pinas, but i don’t know kung ito ay tuloy-tuloy pa kasi nga produkto ako ng 9th National Congress of College Students. Ang pakay e hubugin ang mga mag-aaral sa kamulatan sa pagbalangkas ng mga batas na angkop sa pangangailangan ng bayan at lipunan.

    At ang mga bagong henerasyon ng ating mga kabataan e maging mulat sa kahalagahan ng pagbalangkas ng anumang klase ng batas na aangkop sa kalakaran ng bawat anggulo na ginagalawan ng bawat kinauukulan.

    Supilin ang naghaharing-uri sa ating lipunan sapagka’t sila ang hadlang sa pagsulong ng kamulatan ng sambayanang Pinoy.

    NO to Right of Reply Bill!

  2. hKofw hKofw

    Sa ilalim ng pekeng gobyerno ni Panggulo Gloria Ganid na sukdulan ang mga katiwalian at kawalanghiyaan ay hindi na nabubuhay ng wasto at matiwasay ang mga mamamahayag:

    Marami ang nag-buwis ng buhay..
    Marami ang kinidnap, tinakot at pinatahimik.
    Marami ang ang hina-harass.
    Marami ang ikinulong na parang kriminal.
    Marami ang binastos o hindi iginalang.
    Marami ang nakatanggap ng ‘death threats’.
    Marami ang idinemanda.
    Marami ang nakalagay sa mga panganib na nabanggit.

    Tapos ida-dagdag pa ni Sen. Pimentel ang kanyang anti-press freedom bill? Dagdag na bangungot sa kanila ito.

    ANG MALAYANG PAGPAPAHAYAG AT PAGSISIWALAT NG KATOTOHANAN AY HINDI DAPAT SUPILIN!

  3. chi chi

    Kahit saang anggulo suriin, ang right of reply bill ay pagsupil sa karapatan ng media na magsalita.

    Sobrang sama ang rehimeng Arroyo at ang media na lang ang natitirang tagasiwalat ng mga kababuyang nangyayari, tapos ay may panukala na ganito si Pimentel?

    Yes, Ellen, “Disappointment is an understatement”.

  4. xman xman

    Ang focus ngayon ng media ay Right to Reply bill dahil ito ay katumbas ng censorship without even declaring emergency rule or state of rebellion.

    Nauubos ang atensyon at resources ng media dito sa Reply to Right bill.

    Itong Right to Reply bill ay nagsisilbi ding smokescreen para di matuon ang focus ng media sa computerized voting. Lahat ng mga tuta ni con artist peking peking presidente ay mananalo kapag nagkaroon ng computerized voting. At kapag nangyari iyon ay siguradong magkakaroon yong mga kriminal sa malakanyang ng virtual immunity.

  5. men0k men0k

    Hi,

    I hope someone could just at least explain here kung ano ba ung “Right to Reply” Bill na ito.. I am sorry for being uninformed pero what made me too curious about it is that, senators like Chiz and Mar (I think si Loren din yta recently) to withdraw their signatures from this bill means two things for me…

    1. My binago ba sa content ng bill

    OR

    2. Hindi nila alam ung pinipirmahan nila?

  6. florry florry

    What is happening to Pimentel? Is he suffering from old age syndrome? His latest forays raised more questions than answers. He opened up cha cha, then the attack on WB officials and now authored the right to reply bill which is clearly an attack on press freedom. Gloria and Mike must be pleasantly surprised yet delighted and pinching themselves at their latest good fortune of having one of the best “opposition” on their side especially during these not so good times.

    We’ve known Pimentel to be a highly principled man. But if this principled man is going to throw his principles to the wind, he may as well aim deeper. Why not author a bill that ban or eliminate the media all together? Maybe that will be the ultimate legacy that will make him unforgettable in the world of Philippine politics.

  7. men0k men0k

    Thanks Ellen for that.

    After I read it, still what sinks in me is why are the senators (author pa pla si Chiz) eh umaatras only now? Sen. Pimentel has been scorned here and there because of this bill and yet parang walang kumukwestyon kina Chiz, Mar and Loren..

    Makes me think, my mas malalim bang dahilan?..

  8. Palagay ko ay isang balasubas na batas ito.Sino kaya ang walang maisip na matino ang nagpasa ng batas na ito.

  9. syria syria

    Right to Reply bill full of loopholes, Pimentel admits – Sunday Times

    Pimentel admitted that he did not expect gargantuan problems that may arise ……….

    Clink to read full story – http://www.manilatimes.net/national/2009/march/01/yehey/metro/20090301met3.html
    +++++++++++

    For goodness sake Nene, scrap it! Since this will be the end of your term, then don’t allow this bill to smear your respectable name. Your son’s name will be affected too.

    Nene, try to retract this RTR. Be honest and admit to the public that after you heard the opinions of all sides, the RTR violates press freedom. Being honest doesn’t do harm. Do what Pres. Obama did. He gained more trust admitting his mistake.

  10. MPRivera MPRivera

    filing of this bill is timely and the Greedy Macakapal Arroyo once again finds an ally in the person of nene pimentel who, is as clear as the shining noon sun coming near to his second childhood!

    noone to benefit from this bill once passed but the CROCODILES AND VULTURES inside the malakanyang zoo!

  11. atty36252 atty36252

    The best description of freedom of speech is still Justice Oliver Wendell Holmes’ formulation in his dissent, that “the best test of truth is the power of the thought to get itself accepted in the competition of the market” (Abrams v. United States, 250 U.S. 616). Note that in the marketplace, only the best products are prominently displayed. You walk into a store, you see Ipods not Coby mp3 players; Sony TVs, not RCA. If this bill were passed, newspapers will be forced to display the duds in the front pages. After all, this is “an expansion” of freedom of speech.

    But how can freedom be expanded when one is coerced?

    Curiously, this is sponsored by one who styles himself as the nemesis of Marcos, the chief slayer of Constitutional rights. Frankly, I never heard of Nene until he ran under the Cory Senate ticket. And no, this is not Luzon chauvinism. I read, and enjoyed reading about Cesar Climaco of Zamboanga, and Rodolfo Ganzon of Iloilo. Note the old fox Macoy never issued a presidential decree on the right to reply.

    Imagine if there were a right to reply to every commentator who snickered about Imelda’s warbling of Dahil Sa Iyo. How about the derision to “The True, The Good and The Beautiful”? Must be her reply to Clint Eastwood’s “The Good, The Bad and The Ugly”. That makes the comment on her “The True…” what lawyers call a “rejoinder”. And the reply to that will be a “sur-rejoinder”. Yes young man, lawyers make their money inventing fancy names for a mere argument.

    Do we expect a Pulitzer prize from articles produced as a result of the right to reply? Has GM ever made a car of the year? Will more customers go to the stores to browse the duds in display? That is the problem with this bill; because it will produce disinterest in the consumer. People will cease to go to the store if the products are lousy. The reading public will read less if the duds are in prominent display. That will produce a contraction, not expansion in the discussion of matters of public interest.

    So kill the bill before the bill kills the market.

  12. chi chi

    “Kill Bill” already! (from Tarantino’s movie)

    Only six senators are left to support this RTR bill. Chiz, Loren, Mar and others, who have an ambition for the presidency, very well know that this bill will not help their end goal. There’s the withdrawal, that is borne out of self-vested interest of the top politicians, which is now helping the cause of the media. Like it or not, the senators’ non-support of Nene’s RTR is good for Pinas especially during these dark days of Gloria who is also riding on the bill to gain points for herself.

  13. Full of loopholes? Lahat naman ng batas ng Pilipinas puro loopholes sa totoo lang as they seem to have been passed just to give some additional achievement to publish for the author of this and that bill. Nothing new as a matter of fact.

    Senator Pimentel may just as well contact Tongue, et al and consult with them on what not to do so as not to look like conniving with the squatters of Malacanang. 😛

    Frankly, I don’t even understand why they should have this “Right to reply bill” especially in reference to exposes of the people of the media. Over where I am based, when a libelous article is published, it is enough for the offended party to file a libel suit in court when the party written about is a civilian. Kaya maingat din dito ang mga media to write things that are mere hearsays.

    When it is a politician, the case is investigated by the authorities concerned and reason, I guess, why politicians here would rather keep quiet than blow up the issue and try to justify their acts through threats and libel suits.

  14. Dito kasi pag napahiya o nawalan ng dangal, nagpapakamatay. Sa Pilipinas, pakapalan ng mukha! Yuck!!!

  15. bitchevil bitchevil

    First, it was the Federalism issue that raised eyebrows against Sen. Nene Pimentel. Now, it’s his support for the “No Reply” Bill that angers the media. Indeed, the good senator has become quite controversial these days.

  16. BE: Indeed, the good senator has become quite controversial these days.
    *****

    He’s probably just making sure that no one forgets him as he is off from politics from next year! It is his second term and he cannot run for reelection next year.

    As for federalism thing, I thought it was crazy. To make a miniature USA, which is what the federalism thing is all about, is what it is!!!

    The good Senator sent me a copy of his proposal as a matter of fact. Di ko pa rin maintindihan.

  17. BE: Indeed, the good senator has become quite controversial these days.
    *****

    He’s probably just making sure that no one forgets him as he is off from politics from next year! It is his second term and he cannot run for reelection next year.

    As for federalism thing, I thought it was crazy. To make a miniature USA, which is what the federalism thing is all about, is what it is all about!!!

    The good Senator sent me a copy of his proposal as a matter of fact. Di ko pa rin maintindihan.

  18. bitchevil bitchevil

    I think the good senator is reminding the people that his son Koko is replacing him in the Senate. Actually, Koko is on the list of Erap’s party.

  19. Personally speaking, Koko should try to make a name for himself first. He should start a grassroot movement or do something like what Atty. Harry Roque has been doing and be known for a job well done. Mahirap iyong nakasandal siya sa pangalan ng tatay niya. Matalino pa naman siya. Dapat ginagamit nila para sa ikauunlad ng bansa nila!

  20. bitchevil bitchevil

    In other words, Koko is not his father…is not Nene Pimentel.
    But, family name does count a lot especially if it has good reputation.

  21. Careful,Koko’s mother house in the province is only a stone throw from my mother’s house.We know all his maternal families from his Lolo Tosing,his tiya Lilay and uncle Vering.They are a decent family and well respected in our town.Dela Llana, Bing’s last name before she married to Pimentel are still my relatives.

  22. MPRivera MPRivera

    kaming mga pilipino ay hindi humihingi ng awa, lalong hindi namamalimos ng pansin KUNDI tratong tama at makataong pang-unawa.

    kung tutulungan kami, tulungan na lang. huwag nang aalipustain pa’t ibabaon sa kahihiyan!

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