The Commission on Human Rights (CHR) has urged Congress to move decisively on measures seeking to decriminalize libel and cyberlibel, saying prison penalties for defamation undermine freedom of expression and press freedom.
“Freedom of expression is a cornerstone of democratic society and a necessary condition for the realization of other human rights,” the CHR said in a statement, calling on lawmakers to act on the proposed reforms.
According to the CHR, several bills filed in the 20th Congress seek to remove imprisonment as a penalty for libel and cyberlibel and replace criminal sanctions with proportionate civil remedies.
To support reform, the CHR recommended amending Article 355 of the Revised Penal Code and Section 4(c)(4) of the Cybercrime Prevention Act to eliminate imprisonment while retaining civil liability for proven defamatory statements.
The CHR also called for human rights–based training for judges and law enforcers, stronger protections for media workers and human rights defenders, and broader consultations on defamation laws.
In a Human Rights Advisory issued earlier, the CHR said criminal libel provisions under the Revised Penal Code and the Cybercrime Prevention Act of 2012 have been repeatedly used to harass journalists, activists, and ordinary citizens, often through Strategic Lawsuits Against Public Participation (SLAPPs).
The CHR said the threat of criminal prosecution has had a chilling effect on investigative reporting and public discourse, discouraging criticism of public officials and matters of public interest.
The advisory stressed that criminal penalties for defamation are inconsistent with international human rights standards under Article 19 of the International Covenant on Civil and Political Rights (ICCPR), citing the United Nations Human Rights Committee’s position that imprisonment is never an appropriate punishment for defamation.
It also recalled that during the Philippines’ 2022 Universal Periodic Review, several states urged the government to repeal or amend laws criminalizing defamation, including cyberlibel.
Follow Tan Briones & Associates on LinkedIn for more legal updates and law-related articles.
