Righting Wrongs: Criminal Law Provisions in the Philippines related to National Security and their Impact on Human Rights Defenders IV. Laws Limiting Freedom of Expression of Human Rights Defenders The right to freedom of speech and expression is guaranteed in Article 3, Section 4 of the Constitution, as well as under Article 19 of the ICCPR. The discussion below highlights how Article 154 of the RPC, Articles 353 to 355 of the RPC, Articles 358 to 362 of the RPC, and Section 4(c)(4) of the Cybercrime Prevention Act restrict freedom of expression in a manner that is inconsistent with the Philippines’ obligations under international human rights law. It also illustrates how these laws have been used to stifle the peaceful expression of political dissent and unduly limit human rights defenders in their work demanding accountability from government officials and other organs of society. A. Laws in the Philippines limiting freedom of expression Article 154 (on the unlawful use of means of publication and unlawful utterances) of the RPC prohibits (a) publishing or causing to be published any material that is false news and which may endanger public order or damages the interest or the credit of the state; (b) encouraging disobedience to the law or to the duly constituted authorities, or praising any illegal act; (c) maliciously publishing or causing to be published any official document without proper authority or before such document has been officially published; and (d) printing or publishing books, pamphlets or periodicals anonymously or by using a pseudonym. For a conviction under this provision, it is not necessary for the prosecution to prove that the act caused actual public disorder or actual damage to the credit of the State. Persons convicted under this provision may be imprisoned from one to six months or may be ordered to pay a fine not exceeding Php200 (approximately US$4.50).50 Persons interviewed by ICJ cannot recall Article 154 having been used to unduly limit the right to freedom of expression of human rights defenders. Nevertheless, groups interviewed by the ICJ believe that the existence of this provision casts a chilling effect on free speech and expression.51 On the other hand, libel is defined in Article 353 of the RPC as a “public and malicious imputation of a crime, or of a vice or defect, real or imaginary.” The same provision goes on to define libel as “any act or 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.” The elements of libel are: (a) the allegation of a discreditable act or condition concerning another; (b) publication of the charge; (c) the victim must be identified or identifiable; and (d) existence of malice.52 Malice is presumed in every defamatory imputation,53 except when the statement made was a “private communication made by any person to another in the performance of any legal, moral, or social duty”,54 and when the statement is a “fair and true report” of any judicial, legislative, or official proceeding, provided that the author did not give any comments of remarks thereon.55 Article 355 (on libel by means of writing or similar means) of the RPC punishes libel committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means. Persons convicted of libel under this provision may be imprisoned for six months to four years or ordered to pay a fine ranging from Php200 (approximately US$4.50) to Php6,000 (approximately US$134).56 50 As of December 2014, the average daily minimum wage in the Philippines is Php300 to Php350 (approximately US$6 to US$7) (See the Philippines’ Department of Labor and Employment’s table of minimum wage rates by sector and region, as of 11 December 2014: http://www.bles.dole.gov.ph/publications/current%20labor%20statistics/statistical%20tables/pdf/tab24.pdf) 51 ICJ Interview with Cristina Ellazar Palabay, Secretary General of Karapatan, Quezon City, 30 July 2013; ICJ Interview with the Philippine Alliance of Human Rights Advocates (PAHRA), Quezon City, 30 July 2013; ICJ Interview with Atty. Ricardo A. Suñga III of FLAG, Quezon City, 1 August 2013. 52 Vasquez v. Court of Appeals, G.R. No. 118971, 15 September 1999. 53 Article 354 of the RPC. 54 Article 354(1) of the RPC. 55 Article 354(2) of the RPC. 56 As of December 2014, the average daily minimum wage in the Philippines is Php300 to Php350 (approximately US$6 to US$7) (See the Philippines’ Department of Labor and Employment’s table of minimum wage rates by sector and region, as of 11 December 2014: http://www.bles.dole.gov.ph/publications/current%20labor%20statistics/statistical%20tables/pdf/tab24.pdf) 11