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BY:

Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City, Metro Manila

BILLS AND IN’

Seventeenth Congress
First Regular Session

HOUSE BILL NO. 208

Introduced by Honorable Rodante D. Marcoleta

EXPLANATORY NOTE

This bill seeks to grant a justifiable measure to improve the free flow

of information by ensuring that the people will hear both sides of the story.

It is the declared policy of the State to guarantee freedom of
expression, freedom of speech and freedom of the press. Nevertheless, the
interest of the public demands not only the right to express one’s judgments

or views but the right to an educated and enlightened public opinion.

The right of reply gives the aggrieved individuals, injured by

RESENTATINES

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inaccurate or offensive statements or ideas published or aired through the ©

mass media, the right to make corrections using the same communications
outlet. The right of reply to a harmful publication is one of the basic rights
recognized by the journalists code of professional ethics in the world and is

often viewed as a proper form of ethical behavior. This right is not a recipe

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for removing control from the editor or publisher; on the contrary, it is a

very practical way of demonstrating a commitment to accuracy.

This Act enables all persons to equitably exercise their right of reply
in the field of broadcast and print media and protects its exercise by

providing penalties for violation of such right.

In view of the foregoing, approval of this bill is highly and earnestly
recommended,

D. MARCOLETA

C Ropar


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Seventeenth Congress
First Regular Session

HOUSE BILL NO, 225.

Introduced by Honorable Rodante D. Marcoleta

AN ACT
GRANTING THE RIGHT OF REPLY AND PROVIDING.
PENALTIES FOR VIOLATION THEREOF

Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled:

SECTION 1. Right of Reply. — All persons natural or juridical who
are accused directly or indirectly of committing or having committed or of
intending to commit any crime or offense defined by law or are criticized by
innuendo, suggestion or rumor for any lapse in behavior in public or private
life shall have the right to reply to the charges published or printed in
newspapers, magazines, newsletters or publications circulated commercially
or for free, or to criticisms aired or broadcast over radio, television, websites

or through any electronic device.


SEC. 2. Where Reply Published. The reply of the person so accused
or criticized shall be published in the same space of the newspapers,
magazine, newsletter or publication or aired over the same program on radio,
television, website, or any electronic device concerned.

SEC. 3. When Published. — The reply shalt be published or broadcast
not later than three (3) days after the reply shall have been delivered to the
editorial office of the publication concerned or to the station that carried the
broadcast being replied to.

SEC. 4. Length of Reply. — The reply shall not be longer than the
accusation or criticism as published or broadcasted.

SEC. 5. Free of Charge. — The publication or the broadcast of the
reply shall be free of charge, payment or fees.

SEC. 6. Editing Reply. — The reply as such shall be published or
broadcast except for libelous allegations.

SEC. 7. Penalties. - The writer, broadcaster, editor-in-chief, segment
reporter, publisher, producer, responsible manager or officer, as the case
may be, of the broadcast medium who fails or refuses to publish, print, air,
or broadcast the reply as mandated in this Act shall be fined in an amount
not exceeding twenty thousand pesos (P20,000) for the first offense; fifiy

thousand pesos (P50,000) for the second offense; and eighty thousand pesos


(P80,000) and imprisonment of not more than thirty (30) days for the third
offense.
Thereafter, for repeated failures or refusal to publish, print, air, or

broade:

t the reply as mandated herein, a fine of one hundred thousand

pesos (B100,000) and imprisonment of not more than sixty (60) days shall be
imposed.

Moreover, if the offender is a public official, he or she shall be
subjected to administrative liability under existing Civil Service laws. For
purposes of this Act, a public official is any person holding any office in the
Government of the Republic of the Philippines by virtue of an appointment,
election or contract

The court may also recommend that proper sanctions be imposed by

any appropriate mass media organizations on erring editors-in-chief,

publishers, station managers or owners of media concerned.

SEC. 8. Other Remedies. — The publication of the reply does not
preclude recourse to other rights or remedies available to the party or parties
concerned

SEC. 9. Separability Clause. — \f, for any reason, any section or
provision of this Act is declared unconstitutional or invalid, the other

sections or provisions which are not affected shall continue to be in full

force and effect.


SEC. 10. Repealing Clause. ~ All laws, decrees, executive orders,
proclamations, rules and regulations, and issuances, or parts thereof, which
are inconsistent with the provisions of this Act are hereby repealed or
modified accordingly

SEC. 11. Effectivity. - This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in two (2) national newspapers
of general circulation.

Approved,