Suing, being sued for libel:At times, public officials sueother public officials, sparingmedia. Journalists generallydon’t sue back, or one another.
Suing, being sued for libel:At times, public officials sueother public officials, sparingmedia. Journalists generallydon’t sue back, or one another.
Complaints for ordinary or regular libel have reportedly decreased but the reduction is apparently made up with the growth in the number of cases for cyber-libel.
Complainants prefer to sue under the Anti-cyber Crime Law, as the penalty is higher and, comparatively, it’s easier to secure evidence of the defamation, as digital footprints can be secured with the help of police or NBI.
All other elements of the crime of libel — aside from “the use of a computer system
or any other similar means which may be used in the future” — remain the same.
But the penalty for cyber-libel under the Cybercrime Prevention Act of 2012 is one degree
higher than that for ordinary libel under the Revised Penal Code. A no-brainer, as the
aggrieved party understandably opts for cyber-libel.
The evidence is more accessible: it’s there in social media. There’s no hard copy, unlike
defamation in print, but the “offensive” material can be retrieved or preserved early, especially
when the “victim” keeps track of what’s being posted about him or her.
The articles deal mostly with situations in many local cases of libel: journalists being
sued but rarely suing back; politicians and other public figures suing their rivals but at times
sparing the reporter and editor; and very infrequently, especially in Cebu, journalists suing
other journalists.
The provide snapshots of the ways complainants seek relief in Cebu. The right of reply —
quicker and easier to exercise with the digital platforms at hand — must have eased tension,
scaled down anger. — Pachico A. Seares
Many of the articles were published under the column “Media’s Public” in SunStar.
[photos A, B: Maria Ressa, Ellen Tordesillas] Caption — Journalists Maria Ressa
and Ellen Tordesillas.
1. Journalists sued for libel don’t sue back as a rule. But they can.
PACHICO A. SEARES
First published in SunStar, June 14, 2019,“Media’s Public” column. Adapted to CJJ September 2024.
Maria Ressa in February 2019 called the charge of libel against her “an act of intimidation to quash critical reporting.” She vowed she’d “hold the Government to account.” In May of the same year, Ellen Tordesillas was not sued but then president Rodrigo Duterte in an ambush interview by Palace reporters called her a “prostitute,” not “presstitute” or lumped with a group of journalists to make the slander less painful and mean.
Journalists usually don’t file countersuit for libel. A rarity was when a group of reporters, editors and media outlets struck back at Jose Miguel Arroyo with a class suit for P12.5 million damages.
[Reproduce article 1 sent by Messenger, labeled Libel article 1.]
[photo C, photo of Miguel Arroyo before subhead “Mass lawsuits” and after 9 th paragraph
of article] Caption: Jose Miguel “Mike” Arroyo, then the First Gentleman, husband of
Gloria Macapagal Arroyo who was president from 2001 to 2010. He filed 10 libel cases against 46 journalists for a period of 36 months. Journalists counter-sued with a class suit,
seeking P12.5 million damages.
2. When politicians sue other public officials but spare the journalists
PACHICO A. SEARES
First published in SunStar, Jan. 18, 2019 under the column “Media’s Public.” Adapted to CJJ September 2024
Councilor Jun Alcover’s “offensive” material against Tomas Osmena was posted on Facebook. Paolo Duterte and Manases Carpio, Vice President Sara Duterte-Carpio’s husband, didn’t include broadcaster Leo Lastimosa, who in 2017 interviewed Trillanes for ABS-CBN.