Unconstitutional

We, members of the newly reorganized National Press Club Cebu, join fellow media groups like the Cebu Citizens-Press Council (CCPC), the Center for Media Freedom and Responsibility (CMFR) and the National Union of Journalists of the Philippines (NUJP) in expressing our deep concern over the efforts of some congressmen and senators to curtail press freedom in the guise of legislating the “right to reply.”

A law that dictates what journalists will publish or broadcast is patently unconstitutional. The right to reply bills — House Bill No. 3306 and Senate Bill No. 2150 — precisely seek to impose the editorial judgement of congressmen and senators on gatekeepers at the newsroom. The bills intend to enforce penalties on news executives and owners for not publishing replies in the same space or program within a specific period. It constitutes prior restraint and violates the constitutional right of press freedom.

The advocates of the bills argue that freedom of the press is not absolute. They say that offended parties have also the right to have their side published or aired. They even advance the argument that the bills will widen the freedom of expression by requiring the publication or broadcast of media reports and commentaries deemed inaccurate, unfair or biased, and injurious to reputations.

But newspapers and news programs are not passive mouthpieces. The choice and treatment of material especially on public issues and public officials — whether fair or unfair — constitute editorial control and judgement. This is integral in the news media’s function as the Fourth Estate. Our congressmen and senators should leave editors to freely do their jobs.

Moreover, we journalists consider fair play, accuracy and responsibility basic tenets in the conduct of our profession. We serve society best under an atmosphere of freedom sans interference from legislators who want to play editors.

Besides, offended parties already have a wide array of options in airing their sides against what they deem unfair or inaccurate news reports and commentaries. Offended congressmen and senators could deliver lengthy privilege speeches and even malign the object of their ire at the Congress floor before live television without fear of libel suits.

We in Cebu hope our legislators will see the light and reject the bills outright. But in the unfortunate possibility of passage of the bills into law, we will join our colleagues in going to court and win a major victory for press freedom.

National Press Club Cebu
October 2, 2008