WRAP: Libel arrest revives concerns on due process, chilling effect on media

MANILA — The arrest of 72-year-old journalist Philip Lustre Jr. at a press conference in Quezon City on Saturday has raised concerns on due process and on a potential chilling effect on media.

Lustre’s lawyer Dino De Leon managed to secure the journalist’s release after payment of P48,000 bail.

He has also questioned the case against his client, who was unaware of the complaint against him and was not given the opportunity of a preliminary investigation before a case was filed in court.

Lustre said he does not know who filed the complaint, which was reportedly sent to the Philippine Daily Inquirer.

“Hindi ako empleyado roon at hindi ako nagtrabaho roon,” he said.

(I’m not an employee there, and I didn’t work there.)

The National Press Club condemned the arrest and stressed court and police actions “must be carried out in accordance with due process and the safeguards guaranteed by the Constitution.”

It said Lustre’s arrest, which put him at risk of detention over the weekend, has “implications for due process, press freedom, and the protection of journalists.” 

The Presidential Task Force on Media Security expressed similar concerns, adding Lustre’s “reported lack of prior knowledge of the complaint also warrants clarification through the appropriate legal processes.”

PTFOMS also noted concerns from media groups that libel and cyber libel laws have been used “to target critical voices, intimidate journalists, and discourage reporting on matters of public interest.”

It said the concerns warrant “careful review and effective safeguards” against abuse of the law that press freedom and rights groups have been calling to scrap.

The National Union of Journalists of the Philippines, which tracks libel and cyber libel cases, said in a policy review in September that “a majority” of 37 cases recorded since June 2016 were filed by “politicians and state agents.”

Advocates argue that civil damages and stricter self-regulation can discourage the injury that criminal libel is supposed to address.

“The threat of arrest, prolonged litigation, and substantial legal expenses can discourage journalists from pursuing important stories even before a complaint is resolved,” PTFoMS said Saturday.

Lustre’s arrest happened a day after Davao City 1st District Rep. Paolo Duterte filed libel complaints against executives and journalists of GMA Network, a development that PTFoMS noted “likewise raised concerns about their implications for press freedom.”

It said it respects the courts as well as people’s right to seek legal redress but also warned that “laws protecting reputation must never be used to harass journalists, suppress legitimate criticism, or obstruct the public’s access to information.”

It said the media must be able to do its job “without fear of harassment or retaliation”, a sentiment the press club raised in its own statement.

Lustre’s arrest comes just days after the detention of a younger journalist, also by personnel of the Quezon City Police District.

Police officers were recorded on video restraining Ernest Cruz of alternative media organization Bulatlat, who was covering a protest at the Department of Agrarian Reform.

He is heard in the video repeatedly identifying himself and showing the police his press ID.

The QCPD has promised a probe into the incident, which it initially blamed on Cruz, who, it said “allegedly uttered profane remarks and kicked several police personnel.”

The National Police Commission has also launched its own investigation as it reminded officers of its Media Relations Manual meant to ensure journalists’ safety while on coverage.

President Ferdinand Marcos Jr. has pursued friendlier relations with the press than his predecessor, saying this month that “we do not always agree on certain things, but that does not make us adversaries.“