THURSDAY |MARCH 05, 2009 | PHILIPPINES

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’The Right of Reply Bill is an ill-conceived piece of legislation and violates the Constitution’s two most cherished freedoms of the press; and expression.’

HB 3306: Right to gag media


 

The danger in the Right of Reply Bill is that it will be legislated--a law for anyone to dictate to media when, what to publish or air. The danger in the bill is its chilling effect that could dissuade the easy-to-scare, the easy-to-intimidate reporters from investigating what would be crucial information for the public.

The NUJP tells us that it is unfortunate and ironic that the principal authors of the bill in the two chambers of Congress ought to have known better--Senator Aquilino Pimentel Jr. and Bacolod Representative Monico Puentevella.

NUJP understands the frustration and anger of Pimentel and Puentevella over some media outlets’ refusal to air their sides on issues. The NUJP also tells us that it is also clear, from the pronouncements of both lawmakers, that this bill is a product of the sorriest excuse for legislation: personal pique. But is it fair to allow the sins of one or two to be an excuse for the wholesale muzzling of a free press and the suppression of free expression? To do so would allow bad governance to triumph, writes NUJP.

The House version of the bill, HB 3306, parrots the Senate’s SB2150. HB3306 wants the reply to run a day after receipt instead of the three days SB 2150 grants. HB 3306 seeks to impose heftier fines and the absence of self-regulation (in the case of block-timers) and sunset clauses.

"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, website or through any electronic device."

The bills would free public officials, especially the corrupt – and they are legion – of accountability. The corrupt are now protected by HB 3306 to force their lies on the suffering public.

One article on the Right to Reply bill: "It lumps together imputations of a crime with simple criticism ‘of any lapse in behavior in public or private life’ or what would otherwise be considered ‘fair comment.’ There is no judicial review. It does not differentiate direct and indirect criticism. It has been noted that under the proposed law a journalist does not even have to be in error to draw a right of reply claim."

"We urge the media and the people to close ranks against the passage of this bill, to challenge it before the Supreme Court if it is passed, and, if even that fails, to defy it by refusing to comply. No less than our freedoms are at stake. This is a battle we cannot afford to lose.--NUJP, 632/411-7768, nujphil@gmail.com

Tell your senators what you think: edgardo_angara@hotmail.com, sbsa_iii@yahoo.com, office_sen_jokerarroyo@yahoo.com, pongbiazon@yahoo.com, alancayetano@yahoo.com, pia@senatorpiacayetano.com, miriam@miriam.com.ph, senmds@yahoo.com, mdsmediabureau@yahoo.com, senator_enrile@senate.gov.ph, senjinggoyestrada@senate.gov.ph, sen.escudero@gmail.com, reachus@chizescudero.com, mediagroup@chizescudero.com, rjgordon@senate.gov.ph, gringo_chq@yahoo.com, ospml@yahoo.com (Panfilo Lacson), sen.litolapid@senate.gov.ph, loren_b_legarda@yahoo.com, mam@senate.gov.ph, kilosko2004@yahoo.com, kikopangilinan@gmail.com, kikopangilinan@kiko.ph, aqp@senate.gov.ph (Aquilino Pimentel), senbongrevilla@senate.gov.ph, mar@marroxas.com, senatortrillanes@gmail.com, mb_villar@yahoo.com, senzubiri@yahoo.com.ph,

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Dahli_a@yahoo.com

 











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