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

First Regular Session

HOUSE BILLNO.__ 2366

iTATIVE XAVIER JESUS “XJ” D. ROMUALDO.

EXPLANATORY NOTE

‘The late Representative Pedro P. Romualdo originally filed a version of this proposed measure in
the previous Congress. The Explanatory Note of the late Representative Romualdo is herein

reproduced and adopted as the explanation for the filing of this bill:

The right of reply bill does not curtail nor trample the freedom of expression. The
intent of this proposal is to expand the exercise of freedom of expression, as this is

not a monopoly of the media.

The freedom of expression as enshrined in the 1987 Constitution pertains to the right
of every Filipino to express his or her opinion in whatever form or format or in any
forum. In the exercise of this right, a corresponding responsibility also rests to allow
the affected person or entity to respond to any allegations, innuendos, mortifications
or false statements of people from the media. ‘This is premised on the spirit of fair

play and transparency.

Equal opportunity shall be given to those persons affected by the actions, statements,

rumors and other mischievous statements of the media. The right of reply bill is a
vehicle for all people from all walks of life to defend their rights, reputation, honor

and integrity against any attack by the media.


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Presently, existing media organizations cannot police their ranks, particularly fly-by-
night media practitioners that are mushrooming anywhere and are using their identity
to harass, extort, malign or diseredit persons, who are against their vested interests or

contravene their ill-motives.

In the exercise of the freedom of expression, we are supporting the discourse of
issues, which at times may result to clashing of opinions, but it must be done in a
respectful and cordial manner. Media should also exercise caution and practice
responsible journalism in all aspects whether in print media, broadcast media or by
electronic format. It should not result to brawling or to unfairly criticize the position

or opinion of any person.

In view of the foregoing, the support of the Members of Congress for the timely passage of this

en ee

XAVIER JESUS “XJ” D. ROMUALDO.

proposed measure is earnestly requested.


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

First Regular Session

HOUSE BILL NO. 2366

INTRODUCED BY REPRESENTATIVE XAVIER JESUS “XJ” D, ROMUALDO,

AN ACT
HE RIGHT OF REPLY AND PROVIDING PENALTIES FOR
VIOLATION THEREOF

GRANTIN

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

assembled:

Section 1. Right of Reply, ~ Every person, whether natural or juridical, who is the subject
of allegations or insinuations of wrongdoing, misconduct, incompetence, dishonesty,
impropriety, corruption, criminality, or immorality, or is the subject of a strong and damaging
report, critique, account, or feature, shall have the right to reply to the allegations, insinuations,
report, critique, account, or feature published or printed in a newspaper, magazine, newsletter, or
any other publication, website, blog, or any other form of social media or aired or broadcasted

over radio or television, whether or not operated for profit.

Section 2. Exercise of the Right of Reply. ~The reply shall be published or printed in the
same space of the newspaper, magazine, newsletter, publication, website, blog, or social medium
or aired or broadcasted over the same segment, program, or show on radio or television, free of

charge or any other fee.

‘The reply shall be published, printed, aired or broadcasted not later than three (3) days after the
reply shall have been delivered to the owner, author, producer, publisher, responsible manager or
officer, or editorial office of the publication, website, blog, social medium, segment, program,

show, or television or radio station or network concemed. The reply shall not be edited or


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otherwise altered and shall be presented in full in the same manner it was prepared and delivered

by the person exercising his, her, or its right of reply.

The reply shall not be longer than the space or time used in publishing, printing, airing, or

broadcasting the allegations, ins

uations, report, critique, account, or feature.

m 3, Penalties. — The owner, author, editor-in-chief, publisher, producer,

responsible manager or officer, as the case may be, of the publication, website, blog, social

medium, segment, program, show, radio or television station or network, who fails or refuses to
publish, print, air, or broadcast the reply as required in this Act shall be fined Twenty Thousand
Pesos for the first offense, Thirty Thousand Pesos for the sccond offense, and Fifty Thousand

Pesos for the third offense. Thereafter, for subsequent failures or refusals to publish, print, air, or

broadcast the reply as required herein, a fine of One Hundred Thousand pesos shall be imposed.

Moreover, if the offender is a public officer, he or she shall be subjected to administrative
liability under existing Civil Service law. As used herein, a public officer is any person holding
any office in the Government of the Republic of the Philippines by virtue of an appointment,

election, or contract,

Section 4. Jurisdiction and Procedure in Court. — The criminal action for violations of this
Act shall be under the jurisdiction of the Metropolitan Trial Courts, Municipal Trial Courts in
Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts and shall be governed by the

Revised Rule on Summary Procedure.

Section 5. Availability of Other Remedies. - The publication, printing, airing, or

broadcasting of the reply does not preclude recourse to other remedies or actions available under

existing law.


Section 6. Separability. — If any provision of this Act is declared invalid or
unconstitutional, the other provisions not affected thereby shall continue to be in full force and

effect.

Section 7. Effectivity. ~ This Act shall take effect fifteen (15) days following. its

publication in two (2) newspapers of general circulation.

Approved,