A Criticism on Free Speech in the Philippines

Ma. Jessa D. Monteras

JD1-A

Submitted to:
Atty. Lhem J. Naval, MA, JD, LLM
Professor

Misamis Universtiy College of Law

Ozamiz City
June 19, 2021
 I. INTRODUCTION
Freedom of expression is the people’s ability to express their thoughts, emotions, and
beliefs without the threat of censorship.1 Under the Universal Declaration of Human Rights
(UDHR), freedom of opinion and expression is protected through any media regardless of
frontiers2. Free speech is also protected under the International Covenant on Civil and
Political Rights which is binding on around 150 nations 3. Our ability to communicate our
thoughts, convictions, and views, and to meaningfully participate in democracy is dependent
on our freedom of expression. 4This is a right vested upon many people around the globe,
including in our country. Our constitution itself states that no law should be made restricting
people's right to free speech, expression, or the press, or their right to peacefully assemble
and petition the government for redress of grievances. 5 This means that this right exists to,
among others, allow citizens to criticize the government or other people in authority.
Of course, this right is not absolute. The restraints on freedom of speech and expression
in the country are assessed using either or a combination of these three tests:
(a) The Dangerous Tendency Doctrine

 This doctrine states that limitations on speech are permitted once a rational
connection has been established between the speech restrained and the danger
contemplated.

(b) The Balancing of Interest Test

 This test is used as a standard when courts need to weigh conflicting social
values and individual interest particularly those that require conscious and
detailed consideration towards the interplay of interests which is observable in
a given situation or type of situation.

(c) The Clear and Present Danger Rule

 This rule states that speech may be restricted when there is substantial danger
that the speech will lead to an evil the government has the right to prevent.
This rule also requires that the evil consequences being prevented must be
substantive and extremely serious.6
These limitations exist to ensure that the right to freedom of expression is not abused.
However, the line between regulation and suppression is often blurred when it comes to free
expression.
With the advent of social media, it has been much easier for people to voice their
opinions and for those opinions to gather traction. People of all sides of the political spectrum
have exercised this right one way or another through social media. Although media has
allowed people to have an outlet of free expression, it is still not entirely good. A lot of fake
news are spread through social media. Among others, the easy-read format of social media
has discouraged people from fact-checking such information. 7 Consequently, this has people
questioning how far free expression should be allowed.
Although it is easier now for us to voice our opinions, it does not mean that the freedom
of speech and expression can no longer be infringed.

1
FREEDOM FORUM INSTITUTE, “What is Freedom of Expression?” available at:
https://www.freedomforuminstitute.org/about/faq/what-is-freedom-of-expression/
2
UNIVERSAL DECLARATION OF HUMAN RIGHTS, Article 19 (December 1948)
3
INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS, Article 19 (March
1976)
4
Gunatilleke, G. “Justifying Limitations on the Freedom of Expression” (November 2020),
available here: https://link.springer.com/article/10.1007/s12142-020-00608-8
5
1987 Philippine Constitution, Article III, Section 4.
6
ABS-CBN BROADCASTING CORPORATION vs. COMELEC (2000), G.R. No. 168338
7
Hull, Alcott. “Social Media and Fake News in the 2016 Election. vol. 32” available at:
https://andyblackassociates.co.uk/wp-content/uploads/2015/06/ fakenews.pdf
 Assassination of journalists is currently one of the most pressing challenges of free
expression in the Philippines, a problem that has persisted since 1986. 8 The irony is that this
was when the Marcos Dictatorship was overthrown during the “People Power” uprising. 9A
recent example is the assassination of Virgilio Maganes, a sixty-two (62) year old
commentator at a local DWPR Radio who was shot and killed by two assailants on a
motorcycle last November 10, 2020. 10
Another issue regarding free speech is the red-tagging of known political activists. Although
this practice was present during the past administrations, such issue rose in popularity during
the current administration.11 Recently, the Armed Forces of the Philippines (AFP) issued an
apology after releasing a list of wrongfully red-tagged alumni of the University of the
Philippines (UP) last January 24, 2021.12
Freedom of speech and expression is a right vested by the constitution. This right exists to,
among others, allow citizens to criticize the government or other people in authority.

II. SOCIAL MEDIA AND FREEDOM OF SPEECH

The term "social media" refers to a set of methods for sharing and debating information that
are mostly based on the internet and mobile phones. It is a platform that combines
technology, telecommunications, and social contact to allow people to communicate using
words, photographs, films, and music. 13Web-based and mobile technologies are employed in
social media to turn communication into an interactive discussion 14 Naturally, with more
people getting access to the internet, more people have had access to social media. As of
January 2021, there were 73.91 million internet users in the Philippines with an increase of
4.2 million users between 2020 and 2021. Furthermore, as of 2021, around 80.7% of the total
Philippine population are noted to be social media users.15
While the population gains greater access to information, more opportunities to engage in
public speech, and a better ability to take collective action, the communications landscape
becomes denser, more, complicated, and more participative. These enhanced liberties might
let the public demand change in the political sphere, such as protests in Manila would show.
16

With the rise of Web 2.0, websites that highlights user-generated content, ease of use,
participatory culture and interoperability for its users the internet has become the forum for
freedom of speech. Free expression in all its forms is the kind of information that thrives on
the Internet17. Upon the development of the internet, several channels of discourse are
provided due to the enabled interactions with the people in new and dynamic ways. The
relationship between politics, the media, and the public has been changed beyond recognition
8
London and CMFR Manila, “Freedom of Expression and the Philippine Media,” December
2005, available here: https://www.article19.org/data/files/pdfs/publications/philippines-baseline-
study.pdf
9
Id.
10
Eloisa Lopez, “Journalist Virgilio Maganes Shot and Killed in the Philippines” (November
2020), available here: https://cpj.org/2020/11/journalist-virgilio-maganes-shot-and-killed-in-the-
philippines/
11
Haynes, O. “Deadly ‘Red-Tagging Campaign Ramps Up in Philippines” (February 2021)
available at: https://www.voanews.com/east-asia-pacific/deadly-red-tagging-campaign-ramps-
philippines
12
Talabong, R. “AFP says sorry for red-tagging UP alumni, launches probe” (January 2021)
available at: https://www.rappler.com/nation/afp-apology-red-tagging-up-alumni-launches-
probe-january-2021
13
Paranjoy Guha Thakurta, New Delhi: Oxford University Press, “Media Ethics”, (2012), p. 354.
14
Kietzmann, J. and Hermkens, K. Business Horizons “Social media? Get serious!
Understanding the functional building blocks of social media” (2011) 54 (3) P. 241-251
15
Digital 2021: The Philippines (February 2021), available at:
https://datareportal.com/reports/digital-2021-philippines
16
Shirky, C. “The Political Power of Social Media: Technology, the Public Sphere, and Political
Change” (January 2011) Vol. 90. No. 1, pp. 28-41 available at:
https://www.jstor.org/stable/25800379
17
Castells and Manual Oxford, Oxford Press “The Internet Galaxy: Reflections on the Internet,
business and society” (2001)
 However, despite the new channels of communication opened within the world of social
18

media, freedom of speech has also been challenged.

There has been a rise of individuals who post comments or content that are usually disruptive
and aggressive to evoke a reaction from another social media user. These individuals are
referred to as “trolls”. 19 Today, hundreds of troll farms have been established throughout the
Philippines. Reporters Without Borders published a study how Duterte supporters operate as
“cyber-troll armies” are utilizing “call center hubs” to circulate false or maliciously
manipulated content and conduct “targeted harassment operations” against the opposition
side20. Susan Etlinger, Altimeter Group’s industry analyst predicts that there would be an
increase in bad behavior online such as cyberattacks, doxing (revealing the address of a
person online) and trolling.21
Maria A. Ressa, Chief Executive Officer of Rappler, states in her article entitled Propaganda
war: Weaponizing the Internet, that her media company found that among those Duterte’s
online campaign, many of them were fake accounts, bots, and trolls. 22Due to the lack of
social media regulation, its usage has produced a dangerous online space for attacking an
individual directly, to spread fake news which aim to reel the public into going against the
individual, the institution, or idea. 23
While some would argue that trolling is an exercise of free speech, the extent of this exercise
includes attacking criticisms against the government. As a consequence, this discourages
people from voicing out their concerns or dissenting opinions due to their fear to be attacked
by these trolls. Online and offline spaces that are supposedly environment made to express
free speech has become an environment where opposing views are afraid to be brought up.
Trolling is not, I believe, a valid exercise of free speech. One of the three tests for restraining
freedom of speech is the Balancing of Interest test. In this test the courts need to weigh
conflicting social values and individual interest. 24 The "balancing of interests" test
necessitates determining if the necessary preservation of the public interest can be
accomplished through a less restrictive measure of the protected freedom. 25 As mentioned,
trolling would effectively limit the freedom of dissenters in an online environment. Although
this is a practice of the trolls’ freedom of expression, the freedom of expression for those
merely stating their dissenting opinion is also violated.

III. Freedom of the Press and Journalism

According to the Philippine 2018 Human Rights Report, despite critical and threatening
comments from political leadership, including the president, the media remained active and
expressed a wide range of viewpoints without restriction, including criticism of the
government26. However, according to the World Press Freedom Index of 2021, The
Philippines ranked 138th out of 180 countries27. Between 1992 and 2018, 142 Journalists and

18
Stuart, A. “Online News”, Maidenhead (2006)
19
Escartin, M.C.P. “Rogue Cops Among Rogues: Trolls and Trolling in Social Networking
Sites” (June 2021) available here: https://www.jstor.org/stable/24717164
20
Reporters Without Borders, “RSF Unveils 20/2020 list of Press Freedom’s Digital” (March
2020) available at: https://rsf.org/en/news/rsf-unveils-202020-list-press-freedoms-digital-
predators
21
Pew Research Center “The Future of Free Speec, Trolls, Anonymity, and Fake News Online”
(March 2017) available here: https://www.pewresearch.org/internet/2017/03/29/the-future-of-
free-speech-trolls-anonymity-and-fake-news-online/
22
Maria A. Ressa, Propaganda war: Weaponizing the internet, available at
http://www.rappler.com/nation/148007-propaganda-war-weaponizinginternet
23
De Leon, J. et. al., “Rise of the Troll: Exploring the Constitutional Challenges to Social Media
and Fake News Regulation in the Philippines” available at:
http://www.ateneolawjournal.com/Media/uploads/5023baa4f524e33f0dfd5a31d6ba760d.pdf
24
ABS-CBN BROADCASTING CORPORATION vs. COMELEC (2000), G.R. No. 168338
25
Social Weather Stations, Inc. v. Commission on Elections, supra note 7
26
Philippine 2018 Human Rights Report, available in:
https://www.justice.gov/eoir/page/file/1145101/download
27
2021 WORLD PRESS FREEDOM INDEX (2021), available here: https://rsf.org/en/ranking
 Media Workers have been killed in the Philippines. 28 Going over the CPJ website, the
statistic is backed with the names of those journalists killed. An example of which is Larry
Que, a publisher of the newspaper Catanduanes News Now. He was shot dead on December
19, 2016 soon after the release of his newspaper column alleging “official negligence” over
an illegal methamphetamine laboratory that was recently raided by police. 29
More recent news show that four journalists were killed last 2020 one of them being
freelance journalist Ronnie Villamor. Police claimed that he was killed by soldiers during an
“encounter” but the National Union of Journalists in the Philippines (NUJP) said that
Villamor was trying to cover a land dispute but was blocked by soldiers. He is the 19 th
journalist killed during the Duterte administration and the 191st since 1986,30
On a lesser degree, journalists are also persecuted by means of red-tagging. Red-tagging
refers to the listing of individuals or organization who are not in full support of the
administration of the country and labeling them as terrorists. 31 This is dangerous because
being wrongfully accused as a terrorist for merely posting dissent against the government
suggests that any type of dissent is wrong. Red-tagging weakens and linking personalities
and sympathizers of the opposition with communist groups disrupts their credibility in the
eyes of the masses in a sinister way. Red-tagging has a chilling effect on people as well.
Taking red-tagging alone into account, many people who just want to exercise their right to
free speech are silenced for fear of being labeled as supporters of armed revolt. Those who
desire to point out defects in the government's system and policies are forced to remain mute
in an increasingly turbulent public space.32
On February 2021, it was reported that the Armed Forces of the Philippines announced that it
was investigating Lt. Gen. Antonio Parlade, Jr. after accusing a journalist of “aiding terrorists
by spreading lies”. Tetch Torres-Tupas, the journalist in question, reported on a petition
before the Supreme Court on allegations of the torture of members of the Indigenous
Community by soldiers. 33
There is a low rate of success in prosecuting cases involving the silencing of Journalists. In
the CMFR’s report Silenced-Slain Filipino Journalists, it reported that only two court cases
ended in conviction.34 This is alarming because regardless of what political stand, the right to
freedom of the press should be upheld. If more journalists are killed, not only will this
discourage them from reporting anything negative, it also sends a message that dissent is not
allowed, which is not the case.

Conclusion

28
Committee to Protect Journalist, available in: https://cpj.org/data/killed/asia/philippines/?
status=Killed&motiveConfirmed%5B%5D=Confirmed&motiveUnconfirmed%5B
%5D=Unconfirmed&type%5B%5D=Journalist&type%5B%5D=Media%20Worker&cc_fips
%5B%5D=RP&start_year=1992&end_year=2018&group_by=location
29
Committee to Protect Journalists, “Larry Que, Catanduanes News Now: KILLED” available at:
https://cpj.org/data/people/larry-que/
30
Talabong, R., “Masbate Journalist Shot Dead by Soldiers” (November 2020) available at:
https://www.rappler.com/nation/masbate-journalist-ronnie-villamor-shot-dead-november-2020
31
Haynes, O. “Deadly ‘Red-Tagging’ Campaign Ramps Up in Philippines” (February 2021)
available: https://www.voanews.com/east-asia-pacific/deadly-red-tagging-campaign-ramps-
philippines
32
Commoner, “How Red-Tagging Endangers People and Society’s Progress as a Whole”
(December, 2020) available at: https://mediacommoner.medium.com/how-red-tagging-
endangers-people-and-societys-progress-as-a-whole-9c7acffb0003
33
Robertson, P. “Philippine General Should Answer for ‘Red-Tagging’” (February 2021),
available at: https://www.hrw.org/news/2021/02/10/philippine-general-should-answer-red-
tagging
34
London and CMFR Manila, “Freedom of Expression and the Philippine Media,” December
2005, available here: https://www.article19.org/data/files/pdfs/publications/philippines-baseline-
study.pdf
The freedom of speech, of expression, and of the press are one of the rights enshrined in the
Constitution. Despite how important it is, the implementation of these rights have its
difficulties. Red-tagging, online trolling, and even murders of known journalists and activists
can have a chilling effect towards those who wish to voice their grievances. Such a problem
has existed before although it was not as prevalent as it is these days.
Perhaps legislation should be created regulating such acts or perhaps we must elect new
leaders that can help with the implementation of those laws protecting our speech already.
The freedom of speech must be upheld but it should never be at the expense of someone
else’s freedom. Work still needs to be done in ensuring that this is never taken for granted.