I texted Sen. Aquilino Pimentel, Jr. of my concern about his right of reply bill that was passed by the Senate and is awaiting the House version for consolidation before it is sent to Malacañang for signing into law.
Pimentel is one of authors of the Senate Bill SB 2150 together with Senators Francis Escudero and Ramon “Bong” Revilla, Jr., “An Act granting the Right of Reply and providing penalties for violation thereof.” The House version (HB3306) is authored by Representatives Monico Puentebella (Bacolod city), Juan Edgardo Angara (Aurora), Bienvenido Abante, Jr (Manila ,6th ), Orlando Fua (Siquijor), Jeci Lapus (Tarlac, 3rd), William Irwin Tieng (Buhay), Eduardo Zialcita, 1st Parañaque).
Pimentel, who has fought hard to regain the Filipino people’s freedom suppressed by the Marcos dictatorship, replied: “I guess any one who hasn’t read its contents and intent would be. Briefly, it’s a companion measure to decriminalize libel. Basic intention is to widen, not to limit, freedom of speech. Right to reply will lessen violence against journalists. It has a sunset clause when journalist organizations can police their own ranks.”
The more I read SB 2150, the more that I’m bothered by its contents. I simply can’t see how it widens freedom of the speech. It clearly transgresses the constitutional guarantee that “No law shall be passed abridging the freedom of the press….”
Both SB 2150 and HB 3306 are basically the same. Both bills state that “ All persons natural or juridical who are accused directly or indirectly of committing or having committed or of 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 the charges published or printed in newspapers, magazines, newsletters or publications circulated commercially or for free, or to criticisms aired or broadcast over radio, television, websites, or through any electronic device.”
Both bills require media to carry the reply within three days, in exactly the same space the article was written.
It’s in the penalties that they slightly differ. The Senate bill imposes P10,000.00 for the first offense; P20,000.00 for the second offense; P30,000.00 for the third offense, and P50,000.00 for repeated failures or refusals to publish or broadcast the reply.
The macho congressmen do not want media to get off easily. They want P10,000.00 for the first offense; P30,000 for the second offense; P50,000 and imprisonment for not more than 30 days for the third offense; P100,000 and imprisonment for not more than 30 days for the fourth offense; and P200,000, imprisonment for not more than 30 days and the closure and suspension of the franchise of the publication or broadcast media outlet or station for 30 days for the fifth and succeeding offenses.
HB 3306 does not have SB 2150’s sunset clause that says “ This Act shall lapse seven (7) years after its approval unless Congress shall provide otherwise. “
Both bills show ignorance of the principle of media and how it works. A journalist’s job is to inform the public as truthfully as he can of what is happening in society. If he is a reporter assigned in Malacañang, he informs the public the activities of the president and her officials. Columnists who write about the presidency analyzes the implications of decisions and actions of the chief executive.
Getting the side of the subject of the report is standard operating procedure. Every reporter and editor knows that.
From experience, it’s not always easy to get the side of officials, especially those who have something to hide. Government officials have the mistaken notion that the since journalists are required to present both sides, if they do not reply, there would be no story. Or they have no concept of deadline. They think newspapers and broadcast companies will wait for their side indefinitely.
As the example cited by Inquirer’s Neal Cruz, Gloria Arroyo never gave the public her version of the “Hello Garci” scandal. Did it mean that media couldn’t write what they have discovered about the rigging of the 2004 elections?
Media’s main commodity is truth. Credibility is important for a media outfit to survive in this highly competitive business. A publication cannot be seen to be unfair or a mouthpiece of a politician or some vested interests or else it loses its credibility.
Like many other professions, there are bad eggs in journalism. But there’s the libel law that the public can use to punish erring journalists, if they are not sanctioned by their publications.
What SB 2150 and HB3306 would do is intrude into the newsroom and dictate on how we should do our job . It’s like putting a gun on the editor’s head.
The Constitution recognizes “the right of the people to information on matters of public concern”. Truth, whoever gets hurt, should be told because only when the people are informed can they make enlightened decisions.
Curtailing media’s capability to do its job is preventing people to participate meaningfully in nation building.
Click below for copy of HB3306:
Click below for S2150:
Senator Nene Pimentel is getting older; hence, some of his ideas and decisions are now controversial. Had he not pushed for Federalism, the Evil Bitch would not have used it as an excuse to change the constitution and possibly prolong her power. I’m not sure of Erap has forgiven him. If Manny Villar betrayed Erap as then House Speaker, Pimentel also did the same thing as Senate President. The difference is that Villar did not go up the stage at Edsa while Pimentel did and even held the mike for the Evil Bitch.
If that law is passed, MSM will degenerate into a showbiz-oriented, blind-item dominated type of news reporting that will finally end in the demise of broadsheets, political commentaries in radio and tv, leading to more corruption and the subsequent coverups. The personal attacks these bill authors experienced in the past are just that – personal and in no way shall be compelling reason to legislate.
That’s why it’s difficult to distinguish the truth from false; the true opposition from fake opposition. Almost everyone has a hidden agenda.
Vergel Santos, chairman of the board of Businessworld, said the problem when this bill is passed into law is, there has to be a case before it can be brought to the Supreme Court.
Kawawa namn yun magiging “sample”.
Kawawa, yung politico o yung writer?
Di na kailangan pang merong sample case, diba as long as it is unconstitutional, a citizen suit is enough, tama ba, atty?
SC affirms Trillanes ban from Senate – Inquirer.
What now?
Better be Muslim jihadists/secessionists. Look, Misuari is under house arrest despite all the deaths and destruction his rebelion has caused. He doesn’t even have 11 million followers. AT4’s Hotel takeovers shattered only a few egos.
Isn’t it ironic that most of the ‘presidentiables’, Noli De Castro, Manny Villar, and Loren Legarda were all part of Edsa Dos which all aimed at removing and jailing President Erap. Noli, was GMA’s loyal ally, Manny Villar was the one who banged the gavel, Loren was the one who made the dramatic crying during the impeachment.
Mar Roxas was part of the Erap cabinet , but he abandoned Erap during the last few days and eventually became part of GMA’s cabinet. Ping Lacson has been Erap’s loyal chief of police but also eventually abandoned him and then likewise did not listen to his advise of joining forces with FPJ during 2004.
Now these are the same people asking for the endorsement of Erap in the coming 2010 presidential elections. After having been part of a conspiracy to remove Erap from the Presidency, now they are after his blessing?
Ang kakapal din ng mga mukha nila no? Matapos na patalsikin ang Pangulo ng pinagtulungan nila, ngayon, nag-uunahan silang makuha ang basbas ni Erap! Di ko na alam kung nasaan ang prinsipyo ng mga ito! Nilolon na ba nila ang kanilang prinsipyo kuno? O inaamin nilang isang pagkakamali ang pagpatalsik kay Erap at pinalitan ng ubod ng swapang ng pamilya ni Gloria Arroyo???
Kung ako si Erap, wala akong pipiliin sa sinumang nagtraydor sa kaniya! Ang kakapal din ng mga apog!
Eleven million votes and the SC, like the courts under it, never ever gave it even a glance as a true people’s will.
Gloria is so scared of Trillanes in the Senate, the Supreme Court is so scared of losing Gloria’s patronage.
Andres, Erap is partly to blame. He’s too forgiving. He not only has soft heart, but soft balls too.
This is the law that could turn upside down at the first challenge in any court, granting the courts are impartial and not part of any conspiracy. But in any case, any law that is in doubt that may violate the spirit of constitution should be studied carefully by constitutional Experts and if possible be referred to the SC for pre-enactment opinion so as NOT to waste time in putting them into the book only to be struck out later as unconstitutional. Libel and Slander is a Civil matter as far as I could remember.
08 OCtober 2008
On a related topic, this brits, made fun of our hardworking kababayans abroad. The Harry and Paul shows, the bbbbc said it is a humorus skit, that does not to intend or imply that pinay domestic workers are forced into prostitution or as they put it, MATE with their masters or their neighbors, by their brits master, it was only done under humor – AS THEY SAY IT “and in no way is intended to demean or upset any viewer,”. This is BULLSHIT!!!!!!!!! If that is not malicious and not of racial prejudice, then whta do they call it??? why don’t they make fun of the irish people, whom they subjected to a lot of totures and prostitutions, why don’t they do it to the scottish, who they also brutally tortures and rapes the women of scotland. They are picking on, not only Filipinos but other asian workers in that part of the world.
As the spokesman of the production said “the sketch in question is so far beyond the realms of reality as to be absurd — and in no way is intended to demean or upset any viewer”. The stupid spokesman of the production company is very stupid or an idiot, WHAT DOES HE CALLS IT NOW??? HUMORS??? COMEDY SKIT??? why don’t they make the same “humorous and comedic skits” with the irish, scottish and other states that the british empire subjected to tortures and rapes in the past, and let us see how they handle it. MORONS!!!!!!!
Maybe they have forgotten that they are the root cause of the problem that we encountered in SABAH. IF the british east india company did not put on their trading map Sabah and gave it to the federation of malayan states in 1962, it should not have happen. After leaving the federation, they left without returning it back to the sultan of sulu and they did not even bother to revise their trading territorial map. And since Sabah was part of their trading territory, the federation claimed Sabah as their own territory, now the GODDAM!!! brits are washing their hands off. MORONS!!!
One of this days, we the Filipino people will get our own revenge against this abusive and opportunistic countries.
Land of the HOOLIGANS and producers of CHILD PROSTITUTION!!!! stupid morons!!!!!!!
prans
Looking at the many scoops on sensational crises or political immoralities in the news nothng has ever come out solidly except getting lost in intramurals farther in the news or in the courts of no consequence. What we have must be a free market of unfounded news and later quashed with the sword of power. I have only sympathies to the news people and my kind who are the end losers always.
We are all losers in this bill espoused by pimental-puentevilla etal. Gurang na talaga si nene pimental. There isn’t anything wrong with our libel laws, in fact it is working. What is needed is to educate further the lawyers and judges about the law. Nagpapasikat lang itong mga congressmen at senators kunwa may ginagawa sila. There are more pressing matters that they should tackle.
Val,
Nothing new and substantial happening in the land of fairy and tall tales. Gloria Pandaka must have been reading a lot of books on the cycle of existence.
Between noise of an undisciplined media and “the silence of the tombs”m I’d take the former.
Chi,
we are only in a state of interregnum
Ellen, just band together with all your friends in the media and never write a story again about Pimentel and all those who voted for this right-to-reply bill. Let us see the withdrawal symptoms of these publicity addicts.