Retractable
Makati Rep. Teodoro Locsin, Jr issued a press statement the other day on the Chance to Retract and Right to Reply bill. This ‘makes the voluntary publication of a reply to an allegedly libelous article or broadcast, an indefeasible ground for extinguishing any and all liability for libel. So too would a spontaneous and unsolicited retraction by the publication.’
Stunning to read a literary statement from a member of congress. Usually they just challenge Alec Baldwin to fistfights. (I worked for him, I’m certain he writes his own material.) I learned a new word: ‘indefeasible’ meaning ‘not able to be lost, annulled, or overturned’.
At our old paper TODAY, Teddyboy would walk around the newsroom with a red pencil, checking out reporters’ drafts and making everything nastier. They were hilarious to us and the readers, but their targets could only gnash their teeth, rend their garments, and scream libel.
Rep. Locsin on press freedom:
“. . .press freedom is not a sacred right because, as everyone knows, journalism is not a priestly calling. None of its practitioners practice celibacy except when they have no choice. Indeed, there is nothing sacral about journalism—not by a long shot—even if its practice involves excessive intakes of heady beverages, frequent complaints about the shortness of “breadâ€, repeated grousing about the failure of media owners to multiply their wages combined with the overcompensation of former colleagues who are unaccountably transubstantiated into editors and publishers. All this followed and preceded yet more frequently by blasphemous takings of the Lord’s name in vain—or, worse yet, someone’s mother. (The PI invective made famous by a presidential candidate uttered when copy is read.) Any journalist who takes himself too seriously is not a serious journalist and is probably an academician or a media watchdog. As Samuel Johnson may have said, ‘Why do writers write? It’s a job.'”
Answers to questions you might be asking, unless you wandered onto this site purely by accident >>>
May 23rd, 2009 at 00:04
PRESS STATEMENT OF MAKATI REP. TEODORO L. LOCSIN, JR.
No multiple personality disorder,
Chance to Reply and Right to Retract bill.
I demand the right to reply to the insinuation that I suffer from multiple personalities. A felicitously written report by the charming Christine Herrera quoted a panel of the committee on public information as referring to amendments introduced by “Locsin’s team.â€
What team? I never met with anyone nor has anyone met with me on the right of reply bill. Nor did “we†ever discuss let alone adopt any amendments to the same.
If there was a committee meeting where all this took place, I was not invited. To be sure, the reported amendments are welcome developments. But they were concocted without any participation by me. What am I, plural? If anything, I am singular. My contribution is smarter.
What I did, all by my lonesome, but with generous encouragement from Majority Floor Leader Art Defensor, was prepare a pithy yet profoundly wise substitute bill amending the Revised Penal Code on Libel with a single precise paragraph like a silver bullet.
My proposed amendment makes the voluntary publication of a reply to an allegedly libelous article or broadcast, an indefeasible ground for extinguishing any and all liability for libel. So too would a spontaneous and unsolicited retraction by the publication. It is all contained in one short paragraph, about three lines long. Think of all the trees we would save.
I would call this not a Right of Reply but The Chance to Answer and the Right to Retract Bill. Even if a libel suit is eventually won, the expense of defending against it can be so prohibitive. Libel suits are a powerful deterrent to press freedom and a potentially fatal financial threat to media. Respected jurists noted this after the highly defective New York Times v. Sullivan decision unleashed a firestorm of libel judgments from outraged state judges protective of the reputation of their constituents. That was when the “dancing in the streets [only of journalists over the NYT decision] stopped.â€
In my bill, if the reply of a victim of an alleged libel is published, he loses any right to sue the writer and the publication, civilly or criminally.
This is the Chance [not Right] to Answer aspect of my short substitute. Joseph Conrad’s Lord Jim, who asked for a second chance [to redeem an act of cowardice or—in the present case—recklessness] inspired the second aspect. To wit, a journalist should have the right to retract and thus be spared the liability or expense of a libel suit by voluntarily “eating his own wordsâ€â€”if they aren’t worth his trouble to keep the words out there for someone to sue on.
My substitute bill, aside from possessing the rare quality of brevity and being environment friendly, removes the smallest element of compulsion. It is this element, the US Supreme Court said in the Miami Herald case, that was the only objectionable aspect of a right of reply bill, saying that the right to compel publication is a step away from the right to repress it. Talk about hyperbole.
The other notable quality of my substitute bill is that it will give me a chance to explain in my sponsorship speech why US Chief Justice Rehnquist said that freedom of speech is a value, sure but it is not the only value protected by the Constitution; personal honor is another. And while Thomas Jefferson extolled press freedom as essential to democracy, he changed his mind after four years in the presidency, saying words to the effect that press freedom is as much of a threat.
In short press freedom is not a sacred right because, as everyone knows, journalism is not a priestly calling. None of its practitioners practice celibacy except when they have no choice. Indeed, there is nothing sacral about journalism—not by a long shot—even if its practice involves excessive intakes of heady beverages, frequent complaints about the shortness of “breadâ€, repeated grousing about the failure of media owners to multiply their wages combined with the overcompensation of former colleagues who are unaccountably transubstantiated into editors and publishers. All this followed and preceded yet more frequently by blasphemous takings of the Lord’s name in vain—or, worse yet, someone’s mother. (The PI invective made famous by a presidential candidate uttered when copy is read.) Any journalist who takes himself too seriously is not a serious journalist and is probably an academician or a media watchdog. As Samuel Johnson may have said, “Why do writers write? It’s a job.â€
Finally, if a right of reply bill passes, where would that put a right of rebuttal on the part of the publication? Would the rebuttal be protected from libel? If not, then why accord the right of reply? Where is the win-some, lose-some aspect of such a bill. What if the rebuttal is allegedly even more “libelous� Would that occasion another right of sur-rebuttal? And so on? Indeed, what if the original reply is libelous, can the publication sue for libel? This is a bill that requires more thought, though not outright suppression into the archives.
I have been asked to sponsor the bill. Sure if it will give me the chance to substitute my own.
A bit of history, the committee on public information was created especially for me by Speaker Joe de Venecia in the 12th Congress. I scorned it even though Mark Jimenez tried to persuade me, saying that, with a little imagination, its jurisdiction could encompass PLDT, SMART, Globe and other communications operations. The young Gilbert Remulla took it. I wanted Ways and Means. I got nothing. Shet.