CHR urges Congress to decriminalize libel, cyberlibel

By Francis Allan L. Angelo

The Commission on Human Rights (CHR) is urging lawmakers in both chambers of Congress to prioritize and pass proposed legislation to decriminalize libel and cyberlibel, citing their adverse impact on free expression and democratic participation.

In a recently released Human Rights Advisory (https://bit.ly/HRAonDecrimofLibel), the CHR warned that provisions under the Revised Penal Code and the Cybercrime Prevention Act of 2012 continue to be used to suppress dissent and target journalists, human rights defenders, and ordinary citizens. These provisions, it said, are commonly weaponized through Strategic Lawsuits Against Public Participation (SLAPPs), creating a chilling effect on investigative journalism and free speech.

“Prison penalties for defamation have long undermined freedom of expression, weakened press freedom, and enabled legal harassment against journalists, activists, and ordinary citizens,” the CHR said in a statement.

The advisory pointed to international standards—specifically Article 19 of the International Covenant on Civil and Political Rights (ICCPR)—which state that restrictions on freedom of expression must be lawful, necessary, and proportionate. The UN Human Rights Committee has further clarified that “imprisonment is never an appropriate penalty for defamation.”

During the 2022 Universal Periodic Review, several United Nations member states recommended that the Philippines repeal its criminal defamation laws in line with these principles.

In response, the CHR noted that multiple legislative measures have been filed in the 20th Congress offering “viable pathways” to remove imprisonment as a penalty for libel and cyberlibel.

In the House of Representatives, three bills are on the table:

• House Bill No. 1188 filed by Rep. Brian Poe Llamanzares
• House Bill No. 441 filed by Reps. Antonio Tinio and Renee Co
• House Bill No. 6187 filed by Reps. Rufus Rodriguez and Maximo Rodriguez

In the Senate, corresponding reform measures include:

• Senate Bill No. 810 filed by Sen. Loren Legarda
• Senate Bill No. 476 filed by Sen. Jinggoy Estrada
• Senate Bill No. 250 filed by Sen. Erwin Tulfo

The CHR called on legislators to consolidate these bills and fast-track their deliberation, describing the proposed amendments as consistent with international human rights norms.

To aid reform efforts, the commission recommended a series of legal and institutional changes. These include:

• Amending Article 355 of the Revised Penal Code and Section 4(c)(4) of the Cybercrime Prevention Act of 2012 to remove imprisonment as a penalty while retaining civil liability
• Adopting civil remedies for proven defamatory acts
• Providing human rights–based training for law enforcement and judiciary personnel
• Enhancing protections for media workers and rights advocates
• Facilitating multi-stakeholder consultations to revisit defamation laws

“Ultimately, this issue goes beyond law and policy. It affects the ability of every Filipino to speak, participate, and hold power to account,” the CHR said.

“Decriminalizing libel and cyberlibel is a crucial step toward empowering communities, protecting watchdogs, and ensuring that civic participation remains free from fear.”