The Commission on Human Rights (CHR) calls on Congress to act decisively in advancing measures that seek to decriminalize libel and cyberlibel, emphasizing that prison penalties for defamation have long undermined freedom of expression, weakened press freedom, and enabled legal harassment against journalists, activists, and ordinary citizens.

In a Human Rights Advisory, the CHR stresses that criminal libel provisions under the Revised Penal Code and the Cybercrime Prevention Act of 2012 have been repeatedly weaponized, often through Strategic Lawsuits Against Public Participation, to silence critics and hinder public discourse. The Commission notes prominent cases involving journalists facing cyberlibel charges and the broader chilling effect on investigative reporting and citizen speech.

Drawing from international standards, including Article 19 of the International Covenant on Civil and Political Rights (ICCPR), the CHR underscores that restrictions on expression must be lawful, necessary, and proportionate. The UN Human Rights Committee has explicitly stated that imprisonment is never an appropriate penalty for defamation, and several UN member states have urged the Philippines to repeal its criminal defamation laws during the 2022 Universal Periodic Review.

CHR highlights that several bills in the 20th Congress have been filed to offer viable legislative pathways to remove imprisonment for either libel, cyberlibel, or both, and replace them with proportionate civil remedies. In the House of Representatives, three measures—House Bill No. 1188 by Rep. Brian Poe Llamanzares, House Bill No. 441 by Reps. Antonio Tinio and Renee Co, and House Bill No. 6187 by Reps. Rufus Rodriguez and Maximo Rodriguez—propose amendments to advance this reform. In the Senate, three proposed measures—Senate Bill No. 810 by Sen. Loren Legarda, Senate Bill No. 476 by Sen. Jinggoy Estrada, and Senate Bill No. 250 by Sen. Erwin Tulfo—likewise call for decriminalization. The Commission urges both chambers of Congress to consolidate and prioritize these legislative initiatives consistent with international human rights standards.

To support reform, the CHR recommends 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 for libel and cyberlibel while retaining the imposition of civil liability for proven defamatory statements, ensuring that remedies for reputational damage remain; adopting civil remedies for defamation; providing human rights–based training for law enforcers and the judiciary; enhancing protections for media workers and human rights defenders; and 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. Decriminalizing libel and cyberlibel is a crucial step toward empowering communities, protecting watchdogs, and ensuring that civic participation remains free from fear. CHR calls on both chambers of Congress to champion this reform as a commitment to press freedom and the public’s right to information.

Access the full advisory here: