MANILA, Philippines — It may not have merited front page or prime-time mention in the local media, but the recent ruling of the UN’s Human Rights Committee (UNHRC) on freedom of expression, is indeed a significant triumph, a “potential watershed,” as advocates describe it, not just in the country but in other parts of the world. The ruling was a response to the case filed by the Philippine Center for International Law in connection with the defamation conviction of a journalist, Alexander Adonis of Bombo Radyo. It will be remembered that in 2007, Adonis dramatized a news report of an alleged affair between former Congressman Prospero Nograles and a married woman.

“A big win for freedom of expression,” was the comment of Center for International Law professor Harry Roque, counsel of Adonis, who at the time of the declaration, had already spent two years in jail.

In the libel complaint filed by Congressman Nograles against Adonis, the latter was sentenced to a prison term of from 5 months up to 5 years, to pay R100,000 to Nograles for moral damages, and another R100,000 fine for “notorious display of irresponsible reporting.”

The Center brought Adonis’ case to the UNHRC, arguing that his punishment and the law under which he was convicted, violated his right to freedom of expression. His right to a fair trial had been breached when the conviction was made despite his absence. Furthermore, the complainant asserted, that “the libel provisions (Sections 353 and 354) of the Philippines Revised Criminal Code unreasonably infringed upon the right to free speech, and that the current law explicitly presumes malice in all defamatory statements and in nearly all cases, rejects defenses of truth or public interest.”

The decision by the UNHRC –  that the Philippines Revised Penal Code penalizing libels law as a criminal offense is incompatible with Article 19 of the International Covenant on Civil and Political Rights to which the Philippines is a signatory – was adopted during the 103rd session of the UN. The Committee further demanded that the Philippine government compensate Adonis for time served in prison and that it must undertake a review of its libel laws to ensure that they comply with the requirements of international human rights laws. All states were also asked to revisit the issue of whether there is need for criminal libel laws, stressing that imprisonment is never a permissible sanction.

These developments – the UN adoption of the declaration last October and a mission led by the International Press Institute which met with local officials in September, events which resulted in the ongoing rewriting of our criminal code (which came into force 79 years ago) – are no mean victories in our struggle for freedom of expression and of the press.

The debates on whether to decriminalize libel or not, started even before former FG Mike Arroyo had filed libel suits against several journalists. To date, there are several bills on decriminalization in Congress.

These will have to be further rationalized in accordance with the recent UNHRC declaration. Human rights advocates (Center for Media Freedom and Responsibility, Freedom Fund for Journalists) are now urging government to dismiss pending cases of criminal libel as well as compensate all journalists who have been jailed under this law.

Yesterday, the Inquirer editorial cited two proposals – that of Senate President Pro Tempore Jinggoy Estrada and retired Supreme Court Associate Justice Vicente Mendoza. Sen. Estrada argues that instead of imprisonment, civil damages may be a sufficient penalty for those who violate rights of people to be protected from irresponsible journalism.

The “compromise formula” of Justice Mendoza is to “balance the interest of freedom of the press and the right of an individual to seek redress by making a distinction between “political” libel and “private” libel. Thus, the libel law should be amended to place the burden of proving malice on the complainant – in the case of government officials and public figures. On private libel, the law should be preserved out of regard for the values of reputation and privacy. My e-mail is florangel.braid@gmail.com