Dear PAO,
I was accused of being the mistress of a former officemate, which is not true. The wife of my former officemate went to a prominent media network to publicly denounce me on the air. She told one of the network’s broadcasters there her story, and then the broadcaster repeatedly called me a criminal, a gold-digger, and a mistress on the air through the network’s podcast. Her actions caused me great humiliation at the time, but I did not realize how bad it got until a few days later, when I got fired from my job and lost all my clients. This awful broadcaster totally derailed my life by thoughtlessly and recklessly calling me a criminal and a gold-digger without any basis or even getting my side of the story.
I plan to sue this broadcaster for actual and moral damages, but I just want to know if I can also ask for exemplary damages against this broadcaster as a warning to others. She needs to know that that her irresponsible words can hurt regular people like me.
Xynthia
Dear Xynthia,
You are correct. You may ask for exemplary damages on top of your other causes of action. Indeed, the Honorable Supreme Court, speaking through Honorable Senior Associate Justice Marvic M.V.F. Leonen, in the case of Michael C. Guy vs. Raffy Tulfo, et al. (G.R. No. 213023, April 10, 2019), stated that journalists must observe proper ethical behavior by the very nature of their work, in the following:
“More often than not, journalists are at the forefront of information publication and dissemination. Owing to the nature of their work, they have the prerogative to shape the news as they see fit. This Court does not turn a blind eye to some of them who twist the news to give an ambiguous interpretation that is in reckless disregard of the truth.
“xxx
“As such, journalists should observe high standards expected from their profession. They must take responsibility for the accuracy of their work, careful never to deliberately distort facts or context by verifying information before releasing it for public consumption.”
As such, reckless and unethical action by media practitioner, such as a journalist, may subject him or her to the payment of exemplary damages. Thus, in the above-mentioned Guy case, after finding that respondent journalist “published the libelous article without verifying the truth of the allegations against petitioner,” the high court allowed the imposition of exemplary damages, viz:
“Exemplary or corrective damages are imposed by way of example or correction for the public good[.] It is imposed as a punishment for highly reprehensible conduct and serves as a notice to prevent the public from the repetition of socially deleterious actions. Such damages are required by public policy, for wanton acts must be suppressed. They are an antidote so that the poison of wickedness may not run through the body politic. xxx
“This case comes at a time when the credibility of journalists is needed more than ever; when their tried-and-tested practice of adhering to their own code of ethics becomes more necessary, so that their truth may provide a stronger bulwark against the recklessness in social media. Respondents, then, should have been more circumspect in what they published. They are not media practitioners with a lack of social following; their words reverberate. Thus, exemplary damages in the amount of P1,000,000.00 is justifiable.”
Here, the broadcaster’s reckless action of calling you a criminal and a gold-digger on her network podcast, apparently without verifying facts, subjected you to great disrepute and professional harm. Her unethical behavior should not be repeated by other journalists and she must be made an example of. Ergo, you may file a claim for exemplary damages against her.
We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
