Section 2. Respect for Civil Liberties, Including:
a. Freedom of Expression, Including for the Press
The constitution explicitly provides for freedom of expression, including for the press, and the government sometimes respected this right. Government threats and actions against media outlets, journalists, and government critics continued, however, and polls suggested that most citizens considered it dangerous to publish information critical of the administration.
Freedom of Speech: On the surface individuals could criticize the government publicly or privately and discuss matters of general public interest. Civil society organizations, however, stated that President Duterte’s public attacks on individuals and international bodies who criticized his policies continued to have a chilling effect on free speech and expression and that laws were increasingly misused against critics of his administration. Civil society organizations expressed concern that the Anti-Terrorism Act of 2020, signed into law on July 3, could be used to suppress speech, including through broad provisions against inciting terrorism. The Bayanihan to Heal As One Act, signed on March 24, punishes individuals for creating, perpetrating, or spreading false information about COVID-19 on social media and other platforms. Public officials continued to file criminal libel and cyber libel complaints against private citizens.
The armed conflict between the government and the NPA, the armed wing of the CPP, is more than a half-century old. The practice of accusing groups and individuals of having ties to the CPP-NPA, or red-tagging, increased significantly after the peace talks broke down in 2017 and President Duterte labeled the CPP-NPA a terrorist organization. According to human rights groups, red-tagging often involves government officials labeling human rights advocates, unions, religious groups, academics, and media organizations as “legal fronts” of the insurgency, allegedly to silence criticism of the government or intimidate opponents in local disputes. Leftist and human rights activists continued to report harassment by persons whom they suspected to be military or government agents, and some red-tagged activists were killed.
Freedom of Press and Media, Including Online Media: Media generally remained active and expressed a wide variety of views without restriction, including criticism of the government, despite critical and threatening comments from political leadership, including the president.
Two major media outfits, however, faced outright restrictions and legal challenges: online news website Rappler and broadcast giant ABS-CBN. The president publicly called out both organizations for alleged wrongdoing: Rappler for its supposed reporting bias and foreign ownership, and ABS-CBN for a number of alleged crimes, including failure to show Duterte’s political advertisements during the 2016 presidential elections, violations of labor laws, foreign ownership, and financial irregularities. Reporters without Borders reported a “grotesque judicial harassment campaign” against Rappler and “threats and intimidation by government agencies and institutions that support Duterte” against ABS-CBN.
Rappler continued to be a target of substantial pressure, including legal and administrative actions, which some observers attributed to its critical coverage of the government. In June, Rappler CEO Maria Ressa and former researcher-writer Reynaldo Santos Jr. were found guilty of cyber libel over a 2012 Rappler story claiming the late Supreme Court justice Renato Corona used vehicles belonging to influential businessmen, including plaintiff Wilfredo Keng. Ressa and Santos posted bail and appealed the conviction. Keng filed a second cyber libel complaint against Ressa in February for her 2019 tweet of screenshots of a now deleted Philippine Star story linking the businessman to the murder of a former Manila councilor. The article at the heart of the original cyber libel complaint was published in May 2012. The cybercrime law was passed in September 2012, but the court concluded that the law still applied because Rappler updated the story in 2014 due to what Rappler claimed was a typographical error. The statute of limitations is also subject to contention (see Libel/Slander Laws below).
In July, in a nominally unrelated case, Ressa was arraigned on a tax evasion charge related to Rappler’s issuance of Philippine depository receipts.
ABS-CBN was forced to stop television broadcasting on May 7 following a cease-and-desist order from the National Telecommunications Commission after the network’s 25-year broadcast franchise license expired. The commission also issued two cease-and-desist orders against broadcasts on the media giant’s two other properties: ABS-CBN TV Plus and satellite service subsidiary Sky Direct. On July 10, a House of Representatives committee voted to deny ABS-CBN’s application for a new 25-year franchise. A special technical working group created by the committee said ABS-CBN’s license did not merit renewal because of the company’s supposed bias, failure to regularize employees, and the alleged dual citizenship of its chairman emeritus Eugenio “Gabby” Lopez III. Several lawmakers filed resolutions seeking investigations into ABS-CBN, including the ownership of its 52,000-square-foot Manila headquarters, an alleged $32.5-million loan write-off from the Development Bank of the Philippines, and its block time agreement with Amcara Broadcasting Corporation. The network had reportedly laid off approximately 5,000 of its 11,000 employees by September due to the shutdown.
Violence and Harassment: Journalists continued to face harassment and threats of violence, including from politicians and government authorities critical of their reporting. A July survey from polling company Social Weather Stations showed that 51 percent of the country’s residents agreed with the statement that “it is dangerous to print or broadcast anything critical of the administration, even if it is the truth.”
As of October the Committee to Protect Journalists, a press freedom NGO, reported that two journalists were killed during the year. On May 5, unidentified gunmen killed radio journalist Cornelio Pepino in Dumaguete City. Negros Oriental Governor Roel Degamo had sued Pepino for defamation, but the radio anchor was acquitted.
A December 2019 report by the Freedom for Media, Freedom for All Network, a group of media NGOs and news organizations, also detailed the “unyielding reign of impunity” since President Duterte took office. It said online journalists were the most attacked media group, followed by radio, print, and then television.
In December 2019 a local court handed down a landmark ruling on the 2009 Maguindanao massacre, in which 32 journalists and 26 other persons died and which was dubbed by the Committee to Protect Journalists as the single deadliest international event for journalists in history. After 10 years brothers Zaldy and Andal Ampatuan, Jr., along with 28 coaccused, were found guilty of 57 counts of murder. As accessories to the crime, 15 others were convicted. The government continued to pursue approximately 80 suspects who remained at large.
In July the Catanduanes provincial legislature declared local radio anchor Ramil Soliveres persona non grata for posting about an unnamed council member missing a health committee hearing. During a speech the local official branded him a “fake news” media worker and called him a “male prostitute” while handing out topless photographs taken from the journalist’s personal Facebook account.
On September 14, two unidentified motorcycle-riding gunmen shot and killed television commentator Jobert Bercasio in Sorsogon City. Bercasio had reported on deforestation and illegal mining in the region and posted a Facebook photograph an hour before his death allegedly showing illegal mining at a local quarry.
Censorship or Content Restrictions: News organizations generally were spared censorship attempts, but media watchdogs noted several instances of alleged government interference.
With the nonrenewal of ABS-CBN’s franchise, the network was forced to move most of its programs online and close down its provincial television and radio stations and its current affairs division; the latter produced political shows and documentaries. Although the president’s office repeatedly distanced the president from the ABS-CBN shutdown, in a July 13 speech to troops in Jolo, he called out ABS-CBN again for allegedly ruining him. His communications team edited the video of the speech to remove any mention of the network, but netizens and journalists discovered the edit. President Duterte also attacked ABS-CBN and its owners during his 2020 state of the nation address.
In March the journalists’ union denounced moves by the Presidential Communications Operations Office and its regional offices to require journalists to seek accreditation to cover the COVID-19 crisis even outside the Luzon quarantine area, calling it a “clear overstretch of the agency’s authority.”
In July police officers confiscated and destroyed thousands of copies of the Pinoy Weekly magazine in Bulacan, calling it “illegal” because it “teaches people to fight the government.” The journalists’ union characterized it as a “clear example of dangers the Filipino people face” from the “vague provisions” of the Anti-Terrorism Act of 2020.
Libel/Slander Laws: Laws stipulate criminal penalties for libel, which authorities used to harass, intimidate, and retaliate against journalists. The statute of limitations for libel in the revised penal code lapses after one year. In the case of Rappler, however, a local court and the Department of Justice stated the statute of limitations should be 12 years because it was “considered as a more serious offense” under the cyber libel law. Experts and legal groups such as the Concerned Lawyers Civil Liberties branded this ruling “unconstitutional.”