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JOINT STATEMENT: “Fake news” provision threatens freedom of the press, expression

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We, media organizations, advocates of freedom of the press and of expression, journalists and academics, raise the alarm over the insertion of measures to control free expression in the “Bayanihan to Heal As One Act.”

We refer to Section 6(6), which penalizes “individuals or groups creating, perpetrating, or spreading false information regarding the COVID-19 crisis on social media and other platforms, such information having no valid of beneficial effect on the population, and are clearly geared to promote chaos, panic, anarchy, fear, or confusion; and those participating in cyber incidents that make us or take advantage of the current crisis situation to prey on the public through scams, phishing, fraudulent emails, or other similar acts:”

This provision is tellingly embedded in Section 6, Penalties, which seeks to punish a menu of offenses “with imprisonment of two months or a fine of not less than P10,000 but not more than P1 million, or both, such imprisonment and fine at the discretion of the court.”

But the fact is that Section 6(6) seeks to punish people for an offense that, legally, does not even exist.

In effect, the law will leave it up to the government to be the arbiter of what is true or false, a prospect that cannot invite confidence given the fact that many administration officials, including the chief executive, have been sources of disinformation and misinformation.

Even before the measure was signed into law, news reports flagged the Philippine National Police’s formation of a task force that would go against supposed purveyors of “fake news. ”  In Cebu, Governor Gwendolyn Garcia publicly humiliated rapper Brandon Perang for making fun of government efforts against the pandemic on social media. She forced Perang  to “swear” an oath to “obey the law” in front of her and other officials. She also announced the creation of a “special unit” to go after other critics.

While we acknowledge the need to fight disinformation in this time of crisis, we fear the Bayanihan to Heal as One Act will only end up criminalizing free speech. We assert that the best way to fight disinformation is through education and the truth.

In times of crisis, when the swift delivery of accurate information to our people is vital, we need more, not less, independent reporting.

Alas, Section 6(6) and the accreditation requirement imposed on media will result in the opposite, to the detriment of our people.

To the community of independent journalists, let us tighten our ranks and stand firm in opposing any restrictions on the free performance of our duties.

To all freedom-loving Filipinos, stand with us in defending freedom of the press and of expression and your, the people’s, right to know.

Signed by the following media organizations and individuals:

Altermidya – Alternative People’s Media Network
Center for Media Freedom and Responsibility
Center for Community Journalism and Development
College Editors Guild of the Philippines
Concerned Artists of the Philippines
Davao Today
The International Association of Women in Radio and Television – Philippines
Kilab Multimedia
Let’s Organize for Democracy and Integrity (LODI)
National Union of Journalists of the Philippines
Rappler
Philippine Center for Investigative Journalism
Vera Files
Photojournalists’ Center of the Philippines
University of the Philippines – College of Mass Communication

Interaksyon Editors
Rosette Adel
Camille Diola
Jeline Malasig

Philstar.com Editors
Jaira Krishelle Balboa
Deni Bernardo
Kristine Bersamina
Gaea Cabico
Ian Cigaral
Jonathan de Santos
Franco Luna
Prinza Magtulis
Dino Maragay
Kristine Joy Patag
Kristofer Purnell
James Relativo
Ratziel San Juan
Matikas Santos
E.C. Toledo

Alan Alegre, Consortium on Democracy and Disinformation
Cong B. Corrales, Associate Editor, Gold Star Daily
Danny Arao, Dept. of Journalism, University of the Philippines Diliman
Noemi L. Dado, blogger
Jimmy Domingo, photojournalist
Inday Espina-Varona
Lisa Garcia, Foundation for Media Alternatives
Bart Guingona, MediaNation
Ma. Diosa Labiste, Dept. of Journalism, University of the Philippines Diliman
Dominic Ligot, Democracy.Net.PH
Ed Lingao
Luz Rimban, Konrad Adenauer Asian Center for Journalism
Manny Mogato
Carlos Nazareno, Democracy.Net.PH
John Nery, Columnist, Philippine Daily Inquirer
Marian Pastor Roces, MediaNation
Bernice Soriano, Foundation for Media Alternatives
Lucia Tangi, Dept. of Journalism, University of the Philippines Diliman
Jane Uymatiao, blogger
Tyrone Velez, columnist, SunStar Davao

NUJP to Piñol: Filing civil complaint vs Baguio journo in Cotabato harassment

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The National Union of Journalists of the Philippines (NUJP) described as harassment agriculture secretary Manny Piñol’s two-pronged cyber libel case against Baguio journalist Frank Cimatu over a Facebook post.

In a statement, the NUJP said Piñol’s move illustrates how the law is often used not to seek redress as to harass perceived foes, and why the offense should be decriminalized.

“It is doubly unfortunate that Sec. Pinol, who makes much of the fact that he is a former journalist, should even think of unreasonably punishing a former colleague by filing a complaint in a venue on the opposite side of the country as Cimatu,” the NUJP said.

Piñol filed a criminal complaint in Quezon City Wednesday against Cimatu over his September 24 Facebook post.

“Agri sec got rich by P21-M in 6 months. Bird flu pa more” Cimatu’s post said.

The official also announced he will file a civil complaint in Kidapawan City in Cotabato province.

“I am a government official but I will not be a punching bag to reporters like Cimatu. It is time to teach people like him a lesson,” Piñol in turn posted on his Facebook page.

Cimatu declined to comment further on the development, saying he has yet to receive copies of the complaints.

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“…That where one of the offended parties is a public officer whose office is in the City of Manila at the time of the commission of the offense, the action shall be filed in the Court of First Instance of the City of Manila or of the city or province where the libelous article is printed and first published, and in case such public officer does not hold office in the City of Manila, the action shall be filed in the Court of First Instance of the province or city where he held office at the time of the commission of the offense or where the libelous article is printed and first published…”–RA 4363 (1965), amending Article 360 of the Revised Penal Code 

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The NUJP however said Pinol’s threat to file the civil aspect of his complaint in Mindanao is prohibited by law, specifically 1965’s Rep. Act No. 4363, which amended Article 360 of the Revised Penal Code which orders that public officers should file their complaints where they hold office.

Piñol primarily holds office in Quezon City.

“It seems evident that a ranking government official who seeks to compel a journalist from Baguio City to travel all the way to Kidapawan is engaged not in an attempt to seek redress but to inflict a punishment that is way too cruel and excessive for the perceived offense, which is yet, we stress, to be proven in court that it could well enter into a gross abuse of the powers of his position,” the NUJP said. # (Raymund B. Villanueva)

NUJP condemns slay try on Surigao broadcaster; lauds conviction of police officer for murder of Mati radioman

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STATEMENT
July 1, 2016

NUJP condemns slay try on Surigao broadcaster; lauds conviction of police officer for murder of Mati radioman

The National Union of Journalists of the Philippines condemns the assassination attempt on our Surigao City colleague Saturnino “Jan” Estanio of Radio Mindanao Network-dxRS, which left him, his 12-year old son, and a neighbor slightly wounded. Read more