PRESIDENT Duterte has signed a long-awaited law expanding coverage of the so-called Sotto Law, which previously only exempted from prosecution the publisher, editors or reporters of a publication for refusing to reveal their news sources.
Republic Act 114581, which expanded the coverage of Republic Act 53, now also exempts broadcast and online journalists from having to reveal their sources for their news.
The only exemption to the “shield” law is if the topic covered by a news article deals with “security of the State,” which could be invoked by a court, the House of Representatives, the Senate or any committee of Congress.
“While the law is silent on what constitutes security of the State, we believe that we may be guided by pertinent case laws which use the clear and present danger rule to tackle the subject in relation to the constitutional concept of free press,” Presidential Spokesperson Salvador S. Panelo said in a statement.
“The President has reinforced jurisprudence on the matter which pronounces that, ‘[t]he sanctity of a newsman’s source of information is not only intended to protect a newsman but also the source of his information. When a person transmits confidential information to a newsman, he is exercising his freedom of speech on condition of anonymity,” Panelo said.
Below is the full text of a speech delivered on Wednesday, September 25, 2019, by Senate President Vicente C. Sotto III, grandson of the Sotto Law’s author, in reaction to the signing of the expanded law:
“I am grateful to President Duterte for recognizing the importance of this measure. I have always been and will always be a strong advocate of the freedom of information and an avid guardian of the rights that our journalists justly deserve.
“The Philippine media will always thrive in the freedoms that our forefathers have sought and successfully won to ensure democracy in our country. Our Constitution and our laws ensure that the right of the public to fair, accurate and reliable information will never be trampled upon, and that constitutional privileges enjoyed by members of the media industry will always be recognized and respected.
“The enactment of Republic Act 114581, or the Act expanding the coverage of exemptions from revealing the source of published news or information obtained in confidence by including journalists from broadcast and news agencies, is proof that this government will never waver from its responsibility to protect journalists from legal and security threats.
“The pertinent section of this measure states: Without prejudice to his liability under the civil and criminal laws, any publisher, owner, or duly recognized or accredited journalist, writer, reporter, contributor, opinion writer, editor, columnist, manager, media practitioner involved in the writing, editing, production and dissemination of news for mass circulation, of any print, broadcast, wire service organization or electronic mass media, including cable TV and its variants, cannot be compelled to reveal the source of any news item, report or information appearing or being reported or disseminated through said media, which was related in confidence to the abovementioned media practitioners unless the court or the House of Representatives or the Senate or any committee of Congress finds that such revelation is demanded by the security of the State.”