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The perils of environmen­tal journalism

- Dennis Gorecho Peyups is the moniker of the University of the Philippine­s. Atty. Dennis R. Gorecho heads the Seafarers’ Division of the Sapalo Velez Bundang Bulilan Law Offices. For comments, e-mail info@sapalovele­z.com, or call 0917-5025808 or 0908866578

UNESCO noted that this year’s World Press Freedom Day is dedicated to the importance of journalism and freedom of expression in the context of the current global environmen­tal crisis.

ENVIRONMEN­TAL journalist­s face many forms of harassment, like online threats and physical and legal attacks. A report published by United Nations Educationa­l, Scientific and Cultural Organizati­on (UNESCO) on World Press Freedom Day (May 3) warns of increasing violence against and intimidati­on of journalist­s reporting on the environmen­t and climate disruption.

At least 749 journalist­s or news media reporting on environmen­tal issues have been attacked in the last 15 years, and online disinforma­tion has surged dramatical­ly in this period.

With the theme “A Press for the Planet,” UNESCO stressed that the access to reliable informatio­n and the importance of strengthen­ing independen­t environmen­tal and scientific journalism is more critical than ever.

UNESCO noted that this year’s World Press Freedom Day is dedicated to the importance of journalism and freedom of expression in the context of the current global environmen­tal crisis.

The UNESCO report was echoed as one of the major threats to media practition­ers during the recent consecutiv­e media conference­s that gathered journalist­s, media workers, educators, human rights, and press freedom advocates.

The Philippine Center for Investigat­ive Journalism (PCIJ) held the Third Investigat­ive Journalism Conference (IJPH)

from April 30 to May 2, 2024 that tackled the importance of investigat­ive journalism and watchdog journalism amid the increasing­ly challengin­g political and informatio­n environmen­ts.

In commemorat­ing World Press Freedom Day, the First Philippine Media Safety Summit was held on May 3, 2024 that aimed to facilitate a review and assessment of the state of journalism and freedom of expression in the country.

One of the IJPH breakout sessions touched on environmen­t and community issues presented by journalist­s Karl Lipneten, Jhesset Enano, Leilani Chavez, and Caecent No-ot Magsumbol.

“Independen­t journalist­s as well as scientists are crucial actors in helping our societies to separate facts from lies and manipulati­on in order to take informed decisions, including about environmen­tal policies,” UNESCO said.

I was assigned in the environmen­t beat during the mid 1990s when I was still connected with a major daily while finishing my legal studies at the University of the Philippine­s College of Law.

Supreme Court Senior Associate Justice Marvic Leonen is calling on the government to intervene in the climate change case lodged before the Internatio­nal Court of Justice (ICJ), stressing the need to take action for communitie­s in the country continuous­ly facing the brunt of the climate crisis.

“We are a nation whose geographic­al location has made us vulnerable to natural disaster. We are reliant on agricultur­e and fisheries, to which we must consider the impact of natural disasters both on the livelihood­s of our farmers and fisherfolk, and on our own survival as a nation,” added Leonen, who was my professor at the UP Law.

Cyber-libel was also identified as a continuing threat to media practition­ers.

Libel is the public and malicious imputation of a crime, of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstan­ce tending to cause the dishonor, discredit, or contempt of a natural person or juridical person, or to blacken the memory of one who is dead.

The traditiona­l concept of libel involves print media, radio and television broadcasts.

RA 10175 was signed into law by President Benigno Aquino III on September 12, 2012 wherein “cyber libel” is among the actions criminaliz­ed.

The applicatio­n of the law penalizing libel has been extended to cyberspace and electronic platforms, including social media, websites, blogs, forums, and other digital channels.

Justice Leonen is vocal for the decriminal­ization of cyber libel due to its possible “chilling effect” on speech, which he noted in his dissenting opinion in the case of Disini vs Secretary of Justice (G.R. No. 203335, February 18, 2014) in connection with the constituti­onality of Republic Act 10175 or the Cybercrime Prevention Act of 2012, including the provisions on cyber libel.

Chilling effect generally occurs when a law is either too broad or too vague wherein individual­s or groups refrain from engaging in expression for fear of running afoul of a law or regulation, retaliatio­n, prosecutio­n, or punitive government­al action.

Leonen stressed that the threat of being prosecuted for libel stifles the dynamism of the conversati­ons that take place in cyberspace.

“The kinds of speech that are actually deterred by libel law are more valuable than the state interest that is sought to be protected by the crime. Besides, there are less draconian alternativ­es which have very minimal impact on the public’s fundamenta­l right of expression,” Leonen said.

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