Interpellation M2

LIBRT libel be decriminalized
Affirmative
“Sometimes, people lose their right to remain silent when pressured to remain
silent.”
Good evening Your Honors, good evening counsel.
The Bukidnon State University being the affirmative side establishes the following
parameters of this debate:
1. The term Libel in this debate includes libel under RPC and RA 10175 or
Cybercrime Prevention Act of 2012.
2. We propose that libel must be decriminalized by removing its criminal

character while retaining its civil liability.
3. We concede to the fact that libel as an act of public and malicious

imputation of a crime, or of a vice or defect, real or imaginary, or any act,
omission, condition, status or circumstance tending to cause dishonor, discredit
or contempt of a natural or juridical person, or to blacken the memory of one who
is dead should be dealt by law wherein such penalty must be deemed equitable
and responsive to the need of time. Hence, we strongly propose that criminal
liability be removed while retaining its civil liability as prescribed by the present
existing laws on libel and cyber-crime law in the country.
Your honors, I have 2 main points as to why it is necessary to revise our criminal
laws pertaining to libel and cyber-libel by decriminalizing libel;
First Point. Being an 89-year-old law, libel of Revised Penal Code, needs to be
modified since it is already obsolete and it is high time to revise it in the spirit of
social justice and equity.
Historically, libel was conceived as a repressive tool against criticisms and insults
to government. It was introduced by the Spanish Codigo Penal and reinforced by
the 1932 Revised Penal Code during the American occupation thereby making
insulting remarks punishable in many instances. But as time goes by, the 89-
year-old law was not modified as to how the modern world works. We have not
eliminated our archaic and repressive libel provisions in Revised Penal Code
which are deemed obsolete and thus rendering them necessarily be revised to
meet the demand of the modern time.
In Disini, et. al. vs. Secretary of Justice, Chief Justice Sereno quoted, “Laws and
jurisprudence should be able to keep current with the exponential growth in
information technology.”
Second Point. The penalties of libel laws in the Philippines are excessive.
During the 103rd session of the United Nations, the UN Human Rights
Committee declared that the Philippines’ Revised Penal Code penalizing libel as
a criminal offense is “excessive and incompatible with Article 19, Paragraph 3 of
the International Covenant on Civil and Political Rights to which the Philippines is
a signatory.”
While defamation laws are important, they must be crafted in a way that they can
strike an appropriate balance, that is why, in our proposed policy, sanctions of
libel will be limited to pecuniary liability and eliminates imprisonment. This is
because we concede to the fact that freedom of expression has limitations also.
However, in cases like this, pecuniary liability is already enough.
Criminal libel is frequently criticized as one of the most abused means in

infringing freedom of expression and suppressing press freedom in the country. If
we look at it, it is contrary to section 4, Article III of our Constitution which
provides that “no law shall be passed abridging the freedom of speech, of
expression, or of the press xxx”
Your Honors, the repeal of libel law, without derogating the right of a person to
enjoy privacy, dignity, good reputation and a peace of mind, will be a big step
towards strengthening democracy in our land, when freedom of expression shall
be enshrined not just in books but more so in practice.
With all that stated, Bukidnon State University firmly stands that libel should be
decriminalized. Thank you
1. Counsel would you agree with me that our current libel law is already 89
years and has to be in tuned for the present time?
2. Are you aware of progressivism, counsel?
3. How about development, counsel?
4. Counsel, are you a believer that everyone should enjoy the freedom to
speech and expression in a democratic country such as the PHilippines?
5. DO you agree that freedom of speech is a necessary right for our

democratic system to prosper?
6. Do you support on the shutting down of ABS-CBN by the congress just

recently?
7. Are you aware of the chilling effect of libel case to the public and how
detrimental it is to our constitutional freedom of speech due to its criminal
sanction?
8. So, if you know it, then you must be aware that chilling effect creates fear
among people to further exercise their freedom of speech and expression as
part of the clamor of people towards reliability and transparency due to the
criminal liability of such act.
Your honors, clearly the opposing counsel is confused about this debate whether
the counsel agrees or not on the proposition at hand. Hence, this leads to the
conclusion that they don’t know what they are advocating and fighting here for.
Thank you and good afternoon.

Interpellation M2

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LIBRT libel be decriminalized

Good evening Your Honors, good evening counsel.

2. We propose that libel must be decriminalized by removing its criminal

3. We concede to the fact that libel as an act of public and malicious

Criminal libel is frequently criticized as one of the most abused means in

2. Are you aware of progressivism, counsel?

3. How about development, counsel?

5. DO you agree that freedom of speech is a necessary right for our

6. Do you support on the shutting down of ABS-CBN by the congress just

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