Stop attacks
against press freedom and free expression
By
KARAPATAN
May 3, 2023
QUEZON CITY – On
the occasion of World Press Freedom Day on May 3, Karapatan renews
its call for a stop to continuing threats and attacks against the
right to press freedom and free expression.
The right to free
expression is enshrined in the Philippine Bill of Rights as well as
in Article 19 of the 1948 Universal Declaration of Human Rights.
And yet, threats and
attacks against these rights continue, with 60 reported press
freedom violations documented by the National Union of Journalists
in the Philippines since Ferdinand Marcos Jr. took over as
president. This includes two media killings, the most notorious of
which were the brutal slayings of hard-hitting broadcaster and
vlogger Percy Lapid on October 3, 2022 and of editorial cartoonist
and satirist Benharl Kahil on November 5, 2022.
The weaponization of laws
against critical media practitioners as well as activists, which
intensified under the Duterte regime, is a continuing trend under
the current administration. On December 14, 2022, Baguio-based
Rappler correspondent Frank Cimatu was convicted of cyberlibel for a
case filed by former Agriculture Secretary Emmanuel Piñol. Earlier,
Cordillera Peoples Alliance secretary general Sarah Dekdeken was
likewise convicted of cyberlibel on December 1, 2022 after she
denounced then Cordillera Police Regional Office Director Brig. Gen.
Rwin Pagkalinawan in a press conference of ordering the demolition
of the Anti-Chico Dams Struggle Monument in Tinglayan, Kalinga
following complaints by local residents. Meanwhile, the conviction
of Rappler CEO Maria Ressa and journalist Reynaldo Santos Jr. for a
retroactive case of cyberlibel has been upheld by the Court of
Appeals.
The most notorious case so
far involved Quezon-based broadcast journalists Darcie de Galicia
and Noel Alamar of ABS-CBN Teleradyo who face up to 941 counts of
cyberlibel filed by Quezon Governor Helen Tan and her husband, DPWH
Region IV-A director Ronel Tan over an interview the journalists
made during their online broadcast.
The antiquated laws in the
Revised Penal Code that criminalize libel and oral defamation
constitute prior restraint and censorship of free speech and
expression. Instead of heeding widespread calls to decriminalize
libel, State authorities have even strengthened these measures
through a “cybercrime” law prescribing harsher punishments for
criminal libel and granting authorities massive powers to shut down
websites and monitor online information. Worse, Section 9 of the
Anti-Terrorism Act of 2020 has invented the new crime of “inciting
to terrorism,” which prohibits speech, proclamations, writings,
emblems and banners without providing a clear definition of what
constitutes terrorist acts. This renders not only media
practitioners but all activists and ordinary citizens vulnerable to
bogus charges and wrongful arrests and creates a chilling effect on
the media and on political activism as a whole.
Independent and
progressive media outfits, or those associated with the opposition
have been red-tagged, judicially harassed, and in some cases, have
had their websites taken down or the renewal of their franchises
denied, as in the case of ABS-CBN, and Rappler whose certificate of
incorporation has been revoked. Barely a month before Marcos Jr.'s
inauguration as president, the National Telecommunications
Commission (NTC), at the instigation of then National Security
Adviser Hermogenes Esperon Jr., blocked the websites of Bulatlat and
25 others for alleged links to terrorist organizations. While a
Quezon City court has granted online media outlet Bulatlat's plea
for a preliminary injunction, the websites of Pinoy Weekly and other
progressive organizations remain blocked due to the NTC order.
NUJP Secretary General and
Bulatlat editor-in-chief Ronalyn Olea has been likewise red-tagged
by NTF-ELCAC enabler, TV and online network SMNI. Also among the
journalists and media groups who have been red-tagged in 2022 are
Bulatlat’s Associate Editor Danilo Arao, ABS-CBN’s Mike Navallo,
Philippine Daily Inquirer’s Dexter Cabalzo, GMA-7’s Atom Araullo,
Vergel Santos of the Center for Media Freedom and Responsibility,
and Inday Espina Varona of Rappler. The NUJP, Foreign Correspondents
Association of the Philippines and Movement Against Disinformation
have also been labeled as communist propagandists for advocating
press freedom.
To date, two Tacloban-based
activists are in jail for championing the cause of freedom of
expression – Frenchie Mae Cumpio who edited the progressive online
media outlet Eastern Vista, and Alexander Philip "Chakoy" Abinguna,
who, as national council member of Karapatan, fearlessly documented
and exposed human rights violations in Eastern Visayas, especially
during the onslaught of military operations in the region under the
Duterte region. They were arrested with three others on February 7,
2020 in a police raid on a staff house in Tacloban City, and slapped
with trumped-up charges of illegal possession of firearms and
explosives.
Amid ever growing
indications that the Marcos Jr. government is perpetuating its
predecessor's fascist tradition of red-tagging media practitioners,
activists and other human rights defenders while fostering the
weaponization of laws to stifle dissent, Karapatan renews its demand
for the decriminalization of oral defamation, libel and cyberlibel
laws and the repeal of all other laws that are being weaponized
against journalists as well as human rights defenders and other
activists. The weaponization of laws to attack the hard-won rights
to press freedom and free expression must stop.
Karapatan likewise calls
for the unblocking of the websites affected by the NTC's order, the
dropping of all trumped-up charges against Frenchie Mae Cumpio and
Chakoy Abinguna and their immediate release, and justice for all
journalists slain in the line of duty.