ASEAN Regional Coalition to #StopDigitalDictatorship
damage to the interest or credit of the State.”19 Convicted persons may face prison terms varying from one
month and one day, to six months, or be fined between PHP 200 to 1,000 ($3 to $18). These penalties apply to
online incitement.20
During the 18th Congress from July 2019 to 2022, several bills were introduced to empower authorities to issue
content takedown orders, “rectify” false or misleading content, or to block websites, without judicial oversight and
procedural safeguards.21 At the height of the COVID-19 pandemic, the 2020 Anti-Terrorism Act was passed by
the legislature and was signed into law in July 2020.22 Section 9 of the Act criminalises incitement of terrorism,
which is broadly defined as any incitement of the execution of terrorism by a person not taking any direct part
in the commission of such terrorism. Prohibited incitement could be in the form of speeches, proclamations,
writings, and other representations. Those found guilty could be sentenced for up to 12 years. In addition,
suspected terrorists can be detained for up to 14 days without a warrant or being charged, a term which may
be extended for another 10 days in some cases. The constitutionality of the 2020 Anti-Terrorism Act has been
challenged through 37 petitions lodged by various groups and sectors.23 Civil society has raised alarm regarding
the Act’s broad scope, and its potential to be used by state authorities as yet another tool to target critics and
stifle free expression. One of the common themes of the petitions was threats to freedom of speech arising
from many provisions under the law, including that of incitement of terrorism. Even prior to its signing into law,
the Act was heavily criticised by civil society groups, which called for its revocation.24
“
The Anti-Terror Bill disproportionately expands the
State’s surveillance powers by providing longer periods
of permissible surveillance and by creating new grounds
therefore, while giving the government a wide berth
when deciding who may be considered legitimate
targets of this extreme form of privacy intrusion.
At the same time, it deprives people who have been
wrongfully detained [of] means of redress and reduces
the powers of the Commission on Human Rights as an
effective foil against potential abuses of the law. These
proposals clearly violate the people’s constitutional
right to communications privacy and do not adhere to
international human rights standards.
- Lisa Garcia, Executive Director of the Foundation for Media Alternatives
The Philippines
219
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents