ANTI-FAKE NEWS ORDINANCE

THE Kapisanan ng mga Brodkasters ng Pilipinas (KBP) manifested its opposition to the adoption of a proposed ordinance in Dagupan City that seeks “to penalize the spreading, reporting and/or publishing of fake news and information in the city of Dagupan.”

The opposition was contained in a two page position paper signed by Herman Z. Basbano, KBP national president, submitted to the Dagupan Sanggunian on March 20, basically saying “that there are already existing ways to address them”.

The position paper of KBP was read by SP Secretary Ryan Ravanzo during the continuation of the public hearing of Draft Ordinance No. O-603 authored by Councilor Jose Netu Tamayo, a lawyer. Also in the public hearing were Councilors Dennis Canto, Alvin Coquia and Lino Fernandez.

KBP stressed that while the proposed ordinance advocates responsible journalism, the organization is against any enforcement by government of journalistic standards since it “could very well be used as a means to suppress unfavorable news and criticisms against government officials and agencies”.

Maintaining that the Philippine constitution prohibits laws that abridge the freedom of speech and of the press, Basbano stressed that the definition of fake news in the draft ordinance is vague and so broad that it covers legitimate exercise of free speech and expression.

KBP asked, “what is wrong information?”

Basbano maintained that an opinion or comment which questions the truth of a statement can itself be construed under the definition of fake news.

The draft ordinance defines fake news as “withholding information for the purpose of changing the tenor of the reported event which misinformation tends  to prejudice public order, public welfare and/or substantially ruin reputations, and honor of people and/or their relationships, the position paper noted.”

In reaction, KBP asked: “Who decides when the tenor of a report differs from what it should be? Who decides what is the proper tenor of a news report? And how would one tell whether it is prejudicing public order and public welfare?”

KBP said the draft ordinance would also proscribe legitimate forms of expression widely used in media such as satires and parodies. It said that news analysis that  deals with the wider meaning and significance of the news could also be prohibited as this could affect the way news is interpreted.

While the ordinance, said Basbano, seeks to protect public order, public welfare, and the good reputation of individual from the harm that may be caused by misinformation, he said there are already existing legal remedies that include libel and anti-defamation laws.

He added KBP has its own regulatory system that handles complaints and penalizes broadcasters who violate its code of conduct. Its code requires broadcasters to verify sources of news and identify them whenever possible.

It will be recalled that the draft ordinance was prompted by an incident last December when unidentified person sent a message to a radio station that a bomb exploded at Paseo de Belen that killed seven persons and injuring many others which turned out to be fake news . The report aired by radio stations created panic in the city.  (Leonardo Micua)

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