Wednesday, August 31, 2022

Journalist Arrested for Cyber-libel While Jogging Showcases Bad Media and PNP Practices

Without a doubt Philippine media is a crazy world. Many times it is a violent world for journalists who stoke the ire of a local politician. President Duterte even condoned such violence saying it was deserved. Maybe one of the worst aspects of being a Philippine journalist is the libel law which makes such an offense not civil but criminal. That means jail time for those convicted of reporting something someone did not like. Let's take a look at one recent case and see how it was reported in the national media. 

First up is the PNA which is the government's propaganda outlet. 

https://www.pna.gov.ph/articles/1182384

The Philippine National Police (PNP) announced Sunday it has arrested a journalist who was issued six warrants during an operation in Pasay City.

PNP Chief Gen. Rodolfo Azurin Jr. said Oswaldo Carbonell alias Waldy Carbonell, 79, who was also a political commentator, was nabbed after being served the warrant of arrest by the Criminal Investigation and Detection Group (CIDG) at the parking lot of a mall around 9:30 a.m.

Citing a report, Brig. Gen. Ronald Lee, CIDG director, said Carbonell was arrested on orders of Presiding Judge Bonhoefer Vergara Bernardez of the First Judicial Region, Regional Trial Court Branch 15 in Laoag City, Ilocos Norte.

The newsman was issued six separate warrants of arrest for Violation of Republic Act 10175 (Cybercrime Prevention Act of 2012) dated Oct. 21, 2021 with PHP72,000 bail recommended for each case.

Upon arrest, Carbonell was apprised of his constitutional rights and the nature of his offense and was immediately brought to the CIDG Northern District Field Unit office for documentation and booking procedure.

The CIDG will duly inform the court of the successful implementation of the warrant of arrest, Azurin said.

“The PNP through Anti-Cybercrime Group (ACG), as the prime mover in investigating cybercrimes, has been dealing with cases involving online fraud, human trafficking, theft, hacking, cyberstalking, and other unlawful acts. (Your police force will ensure that anyone who violates the law is held accountable and will face the appropriate penalty imposed by the court)," the PNP chief said in a statement.

Carbonell had previously said that the cyber libel complaints were filed against him by Piddig, Ilocos Norte Mayor Eduardo Guillen. No other details were available on the charges

In this version of the story Oswaldo Carbonell was arrested by the PNP for six cyber libel complaints which were filed by Piddig, Ilocos Norte Mayor Eduardo Guillen. No details on the nature of the charges are available. That is quite strange because in Philstar's version of this story we get a lot more details about the charges. 

https://www.philstar.com/headlines/2022/08/29/2205839/journalist-arrested-cybercrime-cases-filed-ilocos-mayor

Oswaldo Carbonell, also a political commentator, was arrested by a team from the Philippine National Police Criminal Investigation and Detection Group (CIDG) at a mall in Pasay City.

He was arrested based on six separate arrest warrants in violation of Republic Act 10175 or the Cybercrime Prevention Act of 2012 issued by Laoag City, Ilocos Norte Regional Trial Court Branch15 under Presiding Judge Bonhoefer Vergara dated Oct. 21, 2021.

Bail is set at P72,000 per case.

Piddig, Ilocos Norte Mayor Eduardo Guillen filed the cases against the 79-year-old Carbonell after he reported the local official’s graft case on his YouTube page.

In a YouTube video last month, Carbonell said the mayor filed the charges because he did not get his side before publishing the videos.

“The mayor charged me for not getting his side on his graft case and accused me of not being fair,” he said in Filipino in a video uploaded in December.

“But I know my rights. It is his right to that I ask him, but it is also my right not to ask him because I know his case,” he added in the video.

In this article we are told that the libel charges filed against Oswaldo Carbonell are because of allegations he made that the mayor had a graft case and he did not get the mayor's side before publishing his vidoes.  What the exact nature of those graft charges against the former mayor might be is not clear and a Google search turns up nothing. 

Why wasn't the PNA able to report on this level of detail about the charges against Carbonell? But this is not all. We get more details about the arrest in the Daily Tribune.

https://tribune.net.ph/2022/08/29/journalist-nabbed-while-jogging/

Broadcaster Waldy Carbonnel was arrested Sunday morning while jogging along Roxas Boulevard in Pasay City to face six counts of cyber libel filed against him in Ilocos Norte.

Bail was set for the 79-year-old Carbonnel at P72,000 for each of the six counts of the complaint filed before Judge Bonhoeffer Bernardez of the Laoag City Regional Trial Court Branch 15.

The journalist was arrested by undercover personnel of the Caloocan City police criminal investigation and detection group at about 9:30 a.m. near a shopping mall.

On 30 October last year, Carbonnel said in a Youtube post that Piddig, Ilocos Norte Mayor Eduardo Guillen filed the cyber libel case against him.

In that posted video, Carbonnel accused the Piddig government official of involvement in graft and corruption, as well as some radio commentators of having been paid to malign him.

This version tells us everything we need to know. Carobnell was arrested while jogging, the charges have to do with him accusing the former mayor of graft, and these charges were filed last year by at least October 30th. Now, why couldn't the other news sites get all this information in one story? Why does the PNA give us the least information? That is the government's propaganda arm and should be the most informative and trustful but we see here that it is actually the least informative and least trustworthy. 

Aside from all that why did almost a whole year pass between filing charges and an arrest? Why did he PNP think it needful to arrest Carbonell while he was out for a jog? They could and should have arrested him at his residence which just so happens to be the radio station where he works. 

The radioman whose real name is Oswaldo Carbonell was ordered arrested by Judge Bonhoefer Bernardez of the Laoag City Regional Trial Court Branch 15 in Ilocos Norte on October 21, 2021.

The Ilocos Norte judge recommended a P72,000 bail for each case filed against Carbonell who stays at the DWBL station located at the Paragon Plaza building in EDSA corner Reliance Street in Mandaluyong City.

https://journalnews.com.ph/cidg-ncrfu-agents-nab-broadcaster-for-cyber-libel/

Look at that. In this final article we learn that the warrant was filed on October 21, 2021. So, why did the PNP wait almost a whole year before executing it and then execute in such a strange fashion with undercover cops while Carbonell was out for a jog! That would have been quite dangerous if Carbonell had decided to not cooperate. Why take that risk?

Everything about this incident is suspect. From the actions of the PNP to the media coverage it is all awful. Now, I know there are those out there who talk about media reform but they don't mean actual reform like getting the media to report all the facts. No, they mean the media must say nice things about the Marcos family and stop truthfully reporting on their crimes and lies. In fact, no negative news should be reported at all whatsoever because the Philippines is safe and crime free and a total paradise thanks to Duterte and Marcos. What a lot of balderdash that is!

Here is a case where the faults of the Philippine media are on full display, especially the government-run PNA. Will anyone speak out? Doubtful!

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