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

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL.NoSOO9

Introduced By: REPRESENTATIVE MAGNOLIA ROSA ANTONINO-NADRES

EXPLANATORY NOTE

The Constitution explicitly guarantees freedom of speech, of expression or of the
press. These “embraces a number of cognate rights all aimed at insuring the free and
Effective communication of ideas from mind to mind.” ‘These rights however are
available in so far as it is exercised for the discussion of matters affecting public interest
and no one shall injure the right of others. i

This bill therefore seeks to institute a mechanism that will provide a mantle of

protection 0 any person who may be vietimized by any irresponsible media practitioner,

Wwhose reckless, careless and unfounded accusations of wrongdoings may ruin one's
Teputation, This is not in any way intended to trample upon those Constitutionally
guaranteed rights but to curtail the abusive exercise of such rights by granting any citizen
the opportunity to respond to allegations of wrongdoings by way of the Right of Reply or
the rieht 0 defend oneself against public criticism in the same venue it was aired or
published. ;

Some legal luminaries viewed the Rightt of Reply as an interference with freedom
of expression, However, some seé it as a justifiable measure which improves the free
flow of communication by ensuring the public with both’ sidés of the story and by
preventing costly defamation suits which drain the resources of media outlets,

‘The Right of Reply has been in place for many decades in several progressive
countries in the world including the, United States of America, United Kingdom,
Australia, Brazil, ete,

Itis worthy to mention that the world’s broadcasting, giant, British Broadcasting
Company (BBC) has this Right of Reply in its Editorial Guidelines, as follows,



“when our output mekés allegations of wrongdoing, inequity oF ineompelenc® Cf
lays out strong and damaging critique on an individual Ot institution, the, presumption is
days oriticized should be given a “right of reply”, thats, given 8 fair eppornity to
respond to the allegations.”

‘The American Convention on Human Rights fequires its state parties £0 introduce
sither a right of reply or a right of correction under Article 14, 40 wit

1, Anyone injured by inaccurate or offensive statements or ideas disseminated 10
the public in general by a legally regulated medium of ‘communication has the
right to reply of t make a correction using the same ‘communication outlet,
funder such conditions as the law may establish.

2. The correction or reply shall not in any Gage remit other legal liabilities that
may have been incurred.

Even our very own Commission on Elections (COMELEC), “motivated by the
desite to ensure that there will be equal opportunities for all candidates and limit
possibilities of bias reporting for or against & parficular candidate”, issued Comelec
Peesiution No. 9615 granting a right of reply, which states, “all parties and. bonafide
candidates shall have the right of reply to charges against them. The reply shall be given
publicity by the newspaper, television and/or radio station, which first printed or aired the
charges.”

‘The foregoing facts and circumstances sufficiently warrant the immediate
approval of this important piece of legislation.

MAGNOLTA ROSA ANTONINO-NADRES
Representative
Fourth District, Nueva Ecija


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

SIXTEENTH CONGRESS
First Regular Session.

HOUSE BILL No: 3509.

Introduced By: REPRESENTATIVE MAGNOLIA ROSA ANTONINO-NADRES:

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

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

SECTION 1. Short Title. — This Act shall be known as the “Right of Reply Act
of 2013.”

SEC. 2, Declaration of Policy. ~ It's hereby declared a policy of the State fo
promote and protect the right of citizens to free speech, of expression OF of the press by
ergouraging theit participation in a free market of ideas in a careful, balanced and
responisible manner that will notin any way injure the right of others,

‘Towards this end, the State shall grant fait and reasonable opportunity to any
citizen who maybe injured by inaccurate or offensive statements or ideas disseminated to
the public to respond to such allegation of wrongdoing to ensue thatthe public will hear
or read both sides of the story.

SEC. 3. Right of Reply. - Any person, natural or juridical, who are accused
ditectly or indirectly of committing, having committed, or of intending fo com UC
rime or offense defined by law or are’oriticized by innuendo, suggestion of Flint
any form for any lapse in behaviour in public or private Tife shall Dave the right of reply
ay ie charyes published or printed in newspapers, magazine, newsletter or publication OF
ron guer the same program on radio, television, websites, or through any electronic
device of other similar medium of information.


SEC. 4. Where to Broadeast or Publish the Reply: — The reply of the person so
accused or onticized shall be aired or broadcast over the same progmt Ot radio,
scuvigion, website of through any electronic device or published in the same newspaper,
magazine, newsletter or other similar form of publication,

SEC. § When to Broadcast or Publish the Reply..— The reply shall be aired or
broadcast or published @ day after the reply has ‘been received by the publication
rocmed or by the radio of television station that carried the broadcast ‘being replied to.

SEC, 6. Length of Reply. ~ The reply shall not bé longer than the space allotted
for the accusation or criticism aired or published.

SEC. 7. Reply, Free of Charge. ~ The broadcasting or publication of the reply
shall be made free of charge

SEC, & Other Legal Remedy. ~ The broadcasting or publication of the reply does
not preclude the filing of appropriate charges fo the party o* Parties concemed,

SEC. 9. Penalties. — The station. manager or ‘owner of the broadcast medium,
editor -in-chief or publisher, internet provided or administrator, who fails or refuses to
broadcast or publish the reply.as mandated under this Act shall be imposed a fine in the
following manner:

a) First Offense — Twenty Thousand Pesos (220,000.00)
b) Second Offense — ‘Thirty Thousand Pesos (230,000.00)
c) Third Offense = Fifty Thousand Pesos (P50,000.00)

{A penalty of one (1) year imprisonment shall be imposed upon any of them for
repeated failure or refusal to broadcast or publish the reply

SEC. 10. Repealing Clause. — All laws, decrees, executive orders, and rules an
rewulations, or parts thereof, inconsistent with the provisions of this Act, are hereby
repealed, amended ot modified accordingly.

SEC, 11. Effectivity Clause. — This Act shall take effet fifteen (15) days after its
publication in any newspaper of general circulation

Approved,