rePost:This Must Stop Now!!!!: Cabral’s crackdown : Manuel L. Quezon III: The Daily Dose

Fast forward to today, when Cabral’s experience in being subjected to public scrutiny and her seeing the public was not about to give her either a free pass or would be intimidated by her being in the Cabinet, has inspired her to use government to get even with the blogger who caused her such grief. Recently, the National Bureau of Investigation filed a libel suit on Cabral’s behalf, against the blogger. This is not a mere case of an outraged party filing a libel case against another citizen; this is a case of a Cabinet secretary using the government to move her own case forward. First, she asked her own department’s legal service to look into whether she should file a libel case against the blogger, basically a request for civil servants to do what she could fully well entrust to a private attorney. Cabral then specifically asked the NBI to do the sleuthing for her case, by finding out, first of all, who exactly the blogger was, and the NBI obliged by asking the hosting company of the blog who the blogger is. The NBI then also made inquiries with the blogger’s publisher. The NBI then summoned the blogger to undergo a polygraph test.
Cabral could have asked the blogger to come forward for a tête-à-tête to clear the air; but then we are talking about an official who belongs to an administration allergic to public debate and which prefers to restrict its fights to the forums in which it enjoys an advantage. Why put yourself on par with an ordinary citizen when you have the NBI and the prosecutorial services of the government at your beck and call, and when you can bog down ordinary people in protracted litigation with the added benefit of potentially imprisoning the offending party? It’s an opportunity too pleasurable to pass.
It is dangerous to my mind to concede in the first place that this is a question of law: of Cabral merely asserting her rights by challenging the blogger’s exercise of her own right to not only express herself, but to challenge officials to explain themselves. To discuss the pros and cons of the case, whether or not malice was involved, sidesteps the objectionable reality that the law itself as far as libel goes is incompatible with our civil liberties because the provisions on libel law are an anachronism. No libel will ever be proved in the case of the blogger—but that isn’t the point. The point is to remind citizens that challenging officialdom carries such a heavy price in terms of time and money, artificially muddling the issues along the way, so that exoneration ends up neither a vindication nor a triumph of the rule of law.
via The Long View: Cabral’s crackdown : Manuel L. Quezon III: The Daily Dose.

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