Zamboanga City journalists finish Monday, March 23, 2009 the seminar-workshop on Reporting on Extra-Judicial Killings and the controversial Right of Reply Bill conducted by the National Union of Journalists of the Philippines (NUJP) in cooperation with the Peace Advocates Zamboanga (PAZ) and Kapisanan ng mga Brodkaster ng Pilipinas (KBP). NUJP Secretary-General Sonny Fernandez, PAZ's Father Angel Calvo and noted lawyer and civic leader Vic Solis, of the KBP, are among the resource speakers in the two day-event. (Mindanao Examiner Photos)ZAMBOANGA CITY, Philippines (Mindanao Examiner / Mar. 23, 2009) – Members of the local media on Monday joined the growing calls to scrap the controversial Right of Reply Bill that Congress is trying to pass, describing the proposed law as an affront to press freedom.
The reaction came following a forum on the Right of Reply Bill initiated by the National Union of Journalists of the Philippines Zamboanga-Sulu-Basilan-Tawi-Tawi Chapter (NUJP ZamBaSulta) in partnership with Peace Advocates Zamboanga here.
Most of the participants were editors, newspaper publishers, television and radio station managers, reporters, and correspondents of national newspapers. They said the bill was ill-conceived and that lawmakers who were pushing for it did not even consult the media.
Noted lawyer and civic leader, Vic Solis, counsel for the Kapisanan ng mga Brodkaster sa Pilipinas (KBP), told journalists a similar law in the United States has been proven as a senseless attempt to curtail press freedom.
Sonny Fernandez, NUJP Secretary-General, who was also one of the forum’s resource persons, described the pending bill as “redundant,” since journalists in the country have their own Code of Ethics and the KBP its program standards, which require media to air report balance and responsible news.
According to the Philippine Press Council, the Senate in June passed on second reading the Right of Reply bill based on the original filed by Sen. Aquilino Pimentel. Jr.
While Senate Bill No. 2150 still seeks to fine editors in chief and publishers up to P50, 000, it has done away with the threat of imprisonment. The previous version called for a maximum 30 days in prison.
A new provision, in Section 9, says that the publication of a reply does not bar a complainant from seeking "other remedies."
On the other hand, the bill also proposes a "sunset" period of seven years, after which the law automatically lapses.
Also, the compliance period has been extended to three days from one day.
The Philippine Press Institute also opposed a mandatory, legislated, compulsory, court-enforceable Right of Reply on the ground that prior compulsion violates a publication's editorial independence and is thus unconstitutional (cf Miami Herald v. Tornillo 418 US 241 [1974]). Instead it supports a Voluntary Right of Reply through its Press Council.
The bill lists Senators Pimentel, Ramon Revilla Jr. and Francis Escudero as authors.
The PPI has also called for the repeal of an existing, election-period right-of-reply requirement in Section 10 of the Fair Election Act of 2001 (Republic Act 9006).
Fernandez said: “They can bring the case to the court if they have problems, but not come up with a law that allows them to dictate on what the media should broadcast or print.”
Both proposed bills state that "all persons…who are accused directly or indirectly of committing, having committed or 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 charges or criticisms published or printed in newspapers, magazines, newsletters or publications circulated commercially or for free, or aired or broadcast over radio, television, websites, or through any electronic devices."
The bill also mandates that these replies be "published or broadcast in the same space of the newspapers, magazine, newsletter or publication, or aired over the same program on radio, television, Web site or through any electronic device."
“The danger in the Right of Reply bill is it would legislate what the media ‘ought’ to publish or air, while casting a chilling effect that could dissuade the more timorous from publishing or airing what they should,” the primer stated.
The penalties ranges from P10, 000-P50, 000 and imprisonment to the editor-in-chief, station manger or broadcast owner who fails or refuses to publish or broadcast the reply as mandated by the bill.
Journalists here said the bill is an outright violation of the Constitution, saying that no law shall be passed abridging the freedom of the press.
The NUJP ZamBaSulta Chapter released a statement Monday urging the government’s Executive and Judiciary departments “to pre-empt further development of the Bill, even in its most-watered down version, by a taking the side of media’s dutiful opposition and make their prompt and public declarations against it.”
They also lambasted Senator Aquilino Pimentel, Jr. for authoring the bill.
“We in particular are shamed by the fact that a senator who established his reputation as a human and civil rights defender and advocate, Senator Pimentel, is a son of our homeland of Mindanao,” the group said.
“Is it not enough that many Mindanao journalists have been killed and harassed and continue to fear for their lives in the course of faithfully discharging their sacred duty to the people so that the good Senator further terrorizes and penalizes us with the threat of statutory extreme prejudice?” NUJP asked
Local media practitioners also signed a unified statement that calls for the abolition of the bill. The signature campaign has so far gained support from more than 900 media practitioners and organizations all over the country.
Fernandez said a total of 40 lawmakers have guaranteed not to support the bill.
“We are continuously appealing to our senators and congressman not to support the bill as a respect to press freedom,” he said.
Journalists also finished a seminar and workshop on Reporting Extra-Judicial Killings in the Philippines, which is tagged as one of the most dangerous places in the world for journalists. NUJP recorded 64 journalists murdered in the country since President Gloria Arroyo came into power in 2001. (With reports from Darwin Wee and Jung Francisco)
The reaction came following a forum on the Right of Reply Bill initiated by the National Union of Journalists of the Philippines Zamboanga-Sulu-Basilan-Tawi-Tawi Chapter (NUJP ZamBaSulta) in partnership with Peace Advocates Zamboanga here.
Most of the participants were editors, newspaper publishers, television and radio station managers, reporters, and correspondents of national newspapers. They said the bill was ill-conceived and that lawmakers who were pushing for it did not even consult the media.
Noted lawyer and civic leader, Vic Solis, counsel for the Kapisanan ng mga Brodkaster sa Pilipinas (KBP), told journalists a similar law in the United States has been proven as a senseless attempt to curtail press freedom.
Sonny Fernandez, NUJP Secretary-General, who was also one of the forum’s resource persons, described the pending bill as “redundant,” since journalists in the country have their own Code of Ethics and the KBP its program standards, which require media to air report balance and responsible news.
According to the Philippine Press Council, the Senate in June passed on second reading the Right of Reply bill based on the original filed by Sen. Aquilino Pimentel. Jr.
While Senate Bill No. 2150 still seeks to fine editors in chief and publishers up to P50, 000, it has done away with the threat of imprisonment. The previous version called for a maximum 30 days in prison.
A new provision, in Section 9, says that the publication of a reply does not bar a complainant from seeking "other remedies."
On the other hand, the bill also proposes a "sunset" period of seven years, after which the law automatically lapses.
Also, the compliance period has been extended to three days from one day.
The Philippine Press Institute also opposed a mandatory, legislated, compulsory, court-enforceable Right of Reply on the ground that prior compulsion violates a publication's editorial independence and is thus unconstitutional (cf Miami Herald v. Tornillo 418 US 241 [1974]). Instead it supports a Voluntary Right of Reply through its Press Council.
The bill lists Senators Pimentel, Ramon Revilla Jr. and Francis Escudero as authors.
The PPI has also called for the repeal of an existing, election-period right-of-reply requirement in Section 10 of the Fair Election Act of 2001 (Republic Act 9006).
Fernandez said: “They can bring the case to the court if they have problems, but not come up with a law that allows them to dictate on what the media should broadcast or print.”
Both proposed bills state that "all persons…who are accused directly or indirectly of committing, having committed or 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 charges or criticisms published or printed in newspapers, magazines, newsletters or publications circulated commercially or for free, or aired or broadcast over radio, television, websites, or through any electronic devices."
The bill also mandates that these replies be "published or broadcast in the same space of the newspapers, magazine, newsletter or publication, or aired over the same program on radio, television, Web site or through any electronic device."
“The danger in the Right of Reply bill is it would legislate what the media ‘ought’ to publish or air, while casting a chilling effect that could dissuade the more timorous from publishing or airing what they should,” the primer stated.
The penalties ranges from P10, 000-P50, 000 and imprisonment to the editor-in-chief, station manger or broadcast owner who fails or refuses to publish or broadcast the reply as mandated by the bill.
Journalists here said the bill is an outright violation of the Constitution, saying that no law shall be passed abridging the freedom of the press.
The NUJP ZamBaSulta Chapter released a statement Monday urging the government’s Executive and Judiciary departments “to pre-empt further development of the Bill, even in its most-watered down version, by a taking the side of media’s dutiful opposition and make their prompt and public declarations against it.”
They also lambasted Senator Aquilino Pimentel, Jr. for authoring the bill.
“We in particular are shamed by the fact that a senator who established his reputation as a human and civil rights defender and advocate, Senator Pimentel, is a son of our homeland of Mindanao,” the group said.
“Is it not enough that many Mindanao journalists have been killed and harassed and continue to fear for their lives in the course of faithfully discharging their sacred duty to the people so that the good Senator further terrorizes and penalizes us with the threat of statutory extreme prejudice?” NUJP asked
Local media practitioners also signed a unified statement that calls for the abolition of the bill. The signature campaign has so far gained support from more than 900 media practitioners and organizations all over the country.
Fernandez said a total of 40 lawmakers have guaranteed not to support the bill.
“We are continuously appealing to our senators and congressman not to support the bill as a respect to press freedom,” he said.
Journalists also finished a seminar and workshop on Reporting Extra-Judicial Killings in the Philippines, which is tagged as one of the most dangerous places in the world for journalists. NUJP recorded 64 journalists murdered in the country since President Gloria Arroyo came into power in 2001. (With reports from Darwin Wee and Jung Francisco)
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