ASEAN Regional Coalition to #StopDigitalDictatorship
Anti-SLAPP and Whistleblower
Protections: A Challenge for Freedom
of Speech in the Philippines
Another important view to consider in protecting
the Freedom of Speech mandated under the 1987
Constitution is protection against SLAPP cases and
whistleblowers. Protection against SLAPP cases is
limited to environmental cases. The 2010 Supreme
Court Rules of Procedure for Environmental Cases
allows a SLAPP defence when an accused can allege
that a lawsuit is brought against them “with the intent
to harass, vex, exert undue pressure or stifle any
legal recourse that one has taken or may take in the
enforcement of environmental laws, protection of the
environment or assertion of environmental rights.” 107
Moreover, courts could hold a summary hearing and
dismiss a case if it is proven to constitute a SLAPP
suit and permit a SLAPP accused to seek damages
and compensation.108 Nothing in the rule indicates
that such a dismissal is mandatory, however, save
for cases where it is specifically requested by the
party concerned.
While the Philippines’ whistleblower protection
framework is far from perfect, Republic Act No. 6981,
or the Witness Protection Security and Benefit Act
contains a clause that encourages “a person who has
witnessed or has knowledge of the commission of a
crime to testify before a court or quasi-judicial body,
or before an investigating authority, by protecting
him from reprisals and economic dislocation,”109 in
practice, past whistleblowers involved in high-profile
scandals were still pushed into exile for fear of such
reprisal and dislocation. The Witness Protection
Program of the Department of Justice is also limited
to those testifying about an offence not categorized
as a grave felony or if there is no sufficient likelihood
that the witness or their family will be killed, forced,
legislate a bill on the subject, and one such bill was
debated the year after, but not passed.110
Both Anti-SLAPP measures and whistleblower
protections contribute to the creation of an environment
where citizens are free to express their opinions,
discuss matters of public interest, and expose
wrongdoing without the fear of legal repercussions
or personal harm. Moreover, by protecting those
who disclose information about illegal or unethical
conduct of the erring public officials, these measures
contribute to a more accountable society. Freedom
of speech, coupled with legal protections, ensures
that information that serves the public interest is
not suppressed, allowing for a more transparent
and accountable governance.
The Philippines can adapt to these measures to
cultivate a culture where openness and transparency
are valued. This, in turn, strengthens the principles
of freedom of speech enshrined under the 1987
Constitution by removing barriers that might otherwise
hinder individuals, concerned citizens, and human
rights defenders from expressing their views or
sharing critical information. Further, this ensures that
human rights defenders can engage in their advocacy
work without being unduly hindered by the threat of
lawsuits or retaliation. This contributes to a more
robust human rights culture, where defenders play a
pivotal role in advancing justice and accountability.
Finally, Anti-SLAPP measures and whistleblower
protections are integral components of a legal
framework that safeguards and enhances freedom
of speech. By discouraging intimidation tactics and
providing legal safeguards for those who speak out
against wrongdoing, these measures contribute to a
society where open discourse thrives, accountability
is upheld, and the public interest is well-served.
intimidated, harassed, or corrupted. Several attempts
by the Senate to pass a whistleblower act have failed.
In 2016, former President Duterte urged Congress to
The Philippines
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