Radio Australia:Asia Pacific:Story:Phils Supreme Court Justice sues journalist for libel

Radio Australia:Asia Pacific:Story:Phils Supreme Court Justice sues journalist for libel

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Phils Supreme Court Justice sues journalist for libel

Updated August 30, 2011 21:44:57

A respected Filipina journalist goes on trial next month for allegedly defaming a Supreme Court Justice.

The Philippines criminal libel laws have long been used by politicians and business figures as an attempt to prevent critical reporting.

But it's the first time a Judge in the Philippines has filed such a case.

Supreme Court Justice Presbitero Velasco is suing Marites Vitug
If found guilty she faces jail or a hefty fine and the Philippines media is concerned about whether Marites Vitug will be able to get a fair trial ...

Correspondent: Claudette Werden
Speaker: Marites Vitug, founding editor of Philippines current affairs magazine NewsBreak

VITUG: In 2009, when I was preparing my book on the Philippine's Supreme Court, before the book was released I wrote a short piece on our website about the ethical problems Supreme Court Justice faces when a member of his family runs for a position, because in the case of Justice Velasco of the Philippine's Supreme Court, his son was then running for Congress and in the Philippine culture, a member of the family is obliged to help anyone who's running for public office. So I wrote about Justice Velasco's actions, that he was talking to local politicians, asking them to support his son and join the political party of his son, so I wrote it was an ethical problem for him but I got his side and I explained the ethical dilemmas that a Supreme Court Justice faces and apparently he did not like the story, so he sued me for libel and libel in the Philippines is a criminal offence, so that's why after more than a year, the prosecutor recommended I be charged with libel.

WERDEN: Marites, isn't truth a defence against libel?

VITUG: Truth is a defence against libel but apparently some people don't see it that way?

WERDEN: What do you mean?

VITUG: I mean that Justice Velasco, the Supreme Court Justice who sued me doesn't see it that way, he thinks that I'm out to destroy him, he thinks that I'm in conspiracy with his son's political rivals so he has ascribed motives where there are none.

WERDEN: Are you surprised that the decision was made that the case should be prosecuted?

VITUG: In the beginning I was very optomistic the case will not go to court because there was no malice involved at all in the story, that's apparently what the Philippines court looks for any hint of malice and in my defence there is no such thing as malice because I got his side and I interviewed those involved in the story, except those who did not want to be interviewed.

WERDEN: And are you still allowed to write and work as a journalist?

VITUG: Oh yes, I am still allowed to write and I can still travel, I just need to ask the court's permission if I need to leave the country and in fact I am writing my follow up book, my next book on the Supreme Court, I think Justice Velasco because I also wrote about him extensively in my first book on the Supreme Court, I think he's sending a message to me and other journalists that we should not be writing about him, I think it's a means to also intimidate and harrass journalists.

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