Right To Freedom of Speech

At least 2 paragraphs, underline strongest argument
1. Among the following rights and laws discussed, what do you think is the most abused right/law?
You need to choose one and explain why
2. Among the following rights and laws discussed, what do you think is the best right/law? You need
to choose one and Why? Fruit of poisonous tree
3. Given the chance to add a new law or right on top of all those discussed what would it be and what
does it cover? Your new law should be original and connected with media and information
RIGHT TO FREEDOM OF SPEECH
It is safe to consider that among the greatest conceivable gifts democracy may confer to a nation
and its citizenry is free speech. The protection for freedom of speech granted by the Constitution is deeply
rooted from and associated with democracy as this fundamental right plays an essential role in a self-
governing democratic country such as the Philippines wherein sovereignty is said to reside in the people.
Mobilizing a peaceful assembly for the purpose of collectively expressing ideas or grievances as well as
publishing a written article criticizing the government are a classical take on the exercise of this freedom.
However, as we dive into the age of social media, a new mode to make use of the right to free speech
concurrently emerges. It is a wide-ranging platform, with over 4.39 billion users as of January 2019, that
makes one’s idea instantaneously accessible and available worldwide with just a few clicks. This sensation
has, nevertheless, spawned a new breed of problem which leaves us doubting its supposed helpful effects –
that is it has become an avenue to intentionally disseminate misleading, fabricated or malicious information,
the kind, now infamously dubbed as “fake news”.
By definition, social media is a “computer-based technology that facilitates the sharing of ideas,
thoughts, and information through the building of virtual networks and communities”. Initially, its purpose, is
basically to provide a way for family and friends to interact, but it was later embraced by businesses and used
as a means to communicate and reach out to current and potential customers. However, the evolution did
not stop there, it has, unfortunately, become a tool for some people to manipulate public opinion on various
issues to advance their own causes to wit: spreading fake news to win a national election, as in the case of
the Philippines.
A number journalists and experts suggest that it has played a huge part in the last 2016 election. A
study conducted by the Oxford University’s Computation Propaganda Research Project found out that to fund
as many as 500 dedicated trolls, Duterte’s campaign paid around $200,000, to attack political opponents and
dissenters as well as to spread falsehood in his favor. Few months ago, it was reported that more than 200
accounts on Facebook, Twitter and Instagram were shut down for their propagation of fake accounts sharing
fake news. But this is all they could do. Although, freedom of speech is a right to express opinions free from
governmental interference, the same has certain restrictions such as posting libelous and baseless
accusations. Nonetheless, they cannot hold them accountable nor charge them for doing such kind of things
because, social media users, in varying degrees, enjoy the concept of anonymity. The right to express one’s
opinions in social media is abused uncontrollably, how unfounded and defamatory these opinions may be,
for the ultimate reason that the world, on its face, would never know who these authors are.
FRUIT OF THE POISONOUS TREE
The fundamental right granted by the 1987 Constitution that I personally believe to be the finest law
is the prohibition against unlawful search and seizure. Sec. 2 of the Bill of Rights states that “the right of the
people to be secure in their persons, houses, papers, and effects against unreasonable searches and
seizures shall be inviolable and no search warrant or warrant of arrest shall issue except upon probable
cause to determined personally by a judge”. Inarguably, its purpose is to protect the privacy and the sanctity
of the person, his house, and personal effects and possession against arbitrary intrusions by the government
and its agents. Hence, any evidence obtained illegally or in violation of the right against unlawful search and
seizure is inadmissible for being a “fruit of poisonous tree”. It is a legal metaphor which suggests that if the
evidential “tree” or the source be tainted, so is the “fruit” or the gains from the former.
Relative to the right to privacy, the “Fruit of the Poisonous Tree” doctrine ultimately provides for the
protection from meddling in the private and personal communications of all persons by the state especially
when the world is in its constant change towards technological development wherein access to such
exchanges has never become this unchallenging, that even an exceptionally techy grade school student
could do through a means called hacking which is a term defined as “an unauthorized attempt to exploit a
computer system or a private network inside a computer or device”. Because of this fundamental right, I can
say with my heart at ease that, no person may be held liable for any communication he may have, how dirty
or wrongful the contents of which may be, without a finding of probable cause and consequently, an issuance
of a valid search warrant against him. On a final note, it works to preserve the sanctity of communication and
every person’s individuality and existence.
PASS A LAW REGULATE USAGE OF SOCIAL MEDIA
As mentioned above, there is an urgent need to regulate and control the rampant usage of Social
Media. It is not merely a subject of local, but looking on a bird’s eye view, it may be observed that essentially,
it is a matter of global concern. In fact, just recently, Singapore has already passed a law to standardize the
use of social media for the principal objective to fight off online fake news by implementing censorship.
However, such move received a lot of backlash as according to many people, it is just a means to stifle
freedom of speech.
But, in my personal opinion, what needs to be addressed is the issue on anonymity which basically
gives any person the green light, without the worry of culpability that may be attached to him, in posting and
proliferating fake news. I suggest that, in order to put a halt to these unacceptable practices, the Philippine
legislature should pass a law making it mandatory for everyone to register their respective account or
accounts in a designated government agency, deleting or prohibiting use of unaccounted or unregistered
accounts, and for future accounts, by securing first a registration for the same. Through this, accountability
of each Filipino who wishes to enjoy the use of social media platforms shall be ensured, and the right of
freedom of speech may ultimately be exercised responsibly and correctly, subject to the limitations and
restrictions on libel and sharing fake news.

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At least 2 paragraphs, underline strongest argument

RIGHT TO FREEDOM OF SPEECH

PASS A LAW REGULATE USAGE OF SOCIAL MEDIA

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