key: cord-0048364-0tyk40qg authors: Joaquin, Jeremiah Joven B; Biana, Hazel T title: Philippine crimes of dissent: Free speech in the time of COVID-19 date: 2020-07-30 journal: Crime Media Cult DOI: 10.1177/1741659020946181 sha: 36e1d1abe5d7bb14d2a4dbbee35fd87b8164b7da doc_id: 48364 cord_uid: 0tyk40qg nan In less than a month since its implementation, 47 persons were nabbed for the alleged violations of the provision (Caliwan, 2020) . Among them is the celebrated Cebu-based artist and scriptwriter, Maria Victoria Beltran. Due to her COVID-19 satirical post on social media, where she wrote: '9,000+ new cases (All from Zapatera) of COVID-19 in Cebu City in 1 day. We are now the epicentre in the whole Solar System', Beltran was threatened by the city mayor, put in jail and even had to post bail amounting to PhP 42,000.00 (approx. US$ 800.00). She was 'arrested by the Philippine National Police in the dark hours of midnight, interrogated, tied to a chair like a dog. . . and held incommunicado for 16 hours' (Panti, 2020) . 1 A bigger issue with this specific provision is that it seems to be at odds with the basic civic freedoms guaranteed by the governing 1987 Philippine Constitution. According to the Bill of Rights of the Constitution, 'No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for a redress of grievances' (Constitutional Commission of the Philippines, 1987). The fake news provision of the Bayanihan Act seems to violate this. The Philippine Commission on Human Rights has weighed in on the issue and has stated that 'A fully functional democratic society should be able to allow the reasonable exercise of free speech and expression as a means to participate in matters concerning public life. Arrests should never be made as a default response to dissent'. Moreover, 'Human rights cannot be suspended even during public emergencies. Restrictions to freedoms are also bound by the parameters set by human rights law and should never lead to their abrogation' (Panti, 2020) . Perhaps, the Bayanihan Act's provision on fake news is grounded on some sound principle. With the Philippine public exposed to various information, being privy to facts is vital for surviving the pandemic. As such, curtailing free speech might be needed to avoid unnecessary panic. Whatever the intention of the makers and spreaders of fake news may be, so long as the information causes the public undue 'panic, chaos, anarchy, fear and confusion' during the pandemic, then it is just plain wrong and needs to be penalised. This provision of the Bayanihan Act seems to present tension between preserving free speech, on the one hand and ensuring public safety, on the other hand. We think, however, that this tension is false and specious. The not-so-urgent Bayanihan amendment and the ever-sourgent anti-terror bill The fake news provision of the Bayanihan Act ostensibly aims to protect the general public but actually facilitates the government's crackdown on dissent; that is, this piece of emergency legislation is being used to further wider political suppression. This seems to be a trend all over Southeast Asia as COVID-19 'has provided a handy excuse for a clampdown on free speech' (Sochua, 2020) . To this end, UN High Commissioner for Human Rights Michelle Bachelet cautioned that it seems that 'some governments were taking advantage of emergency powers. . . to stifle dissent' (Perelman, 2020) . Like the aforementioned Beltran case, such crackdowns in the Philippines seem to be directed to 'political foes, human rights defenders and journalists' (Perelman, 2020) . Before the original Bayanihan Act expired on June 25, 2020, the Philippine Senate drafted the Bayanihan to Recover as One Bill (or Bayanihan 2), which is supposed to be just a relief bill that focuses on re-starting the economy through budget provisions and repeals the fake news provision of the original Bayanihan Act. On June 4, 2020, Senator Franklin Drilon reminded law enforcers, arrests could no longer be made on the basis of fake news as the original law had lapsed (Bordey, 2020) . President Duterte, however, did not certify Bayanihan 2 as urgent, and since the Senate had already adjourned its session, this leaves the country with no specific law on programs and interventions to cover itself during the pandemic While Bayanihan 2 was not passed into law, the new Anti-Terrorism Act of 2020 was on June 3, 2020. Certified as urgent by the government, the Anti-Terrorism Act is an amendment to the Human Security Act of 2007 and was transmitted to the President for his signature several days before the Bayanihan Act lapsed its effectivity (Congress of the Philippines, 2020b). The new law creates an Anti-Terrorism Council, whose members are primarily composed of the executive branch of the government. The council decides who the terrorists are and permits their warrantless arrest and detention for up to 30 days. The council may also allow the wiretapping and surveillance of suspected individuals for extended periods of time (Congress of the Philippines, 2020b). Like the fake news provision of the Bayanihan Act, the Anti-Terrorism law may curtail freedom of speech and expression; the latter law pushes the envelope further as it may also encroach on one's freedom of association and the right to due process. Alarmed by the human rights abuses that the Anti-Terrorism law may bring, the International Coalition for Human Rights in the Philippines (ICHRP) Chairman Peter Murphy stated that the government seems to be 'giving priority to repressive legislation but remains bungling in addressing the pandemic. We have seen too many deaths both from the virus and the violence President Duterte has unleashed against his people' (ul Khaliq, 2020). All over the country, mass protests have been held to question the timeliness and purpose of the Anti-Terror Law. More than a thousand people wore face masks, observed social distancing, while gathering in protest on June 12, 2020, the 122nd anniversary of Philippine independence from Spanish rule. In Iligan City though, 16 youth protesters were arrested and detained for allegedly violating physical distancing measures and quarantine protocols during their assembly that lasted for less than 10 minutes (Talambong, 2020) . The Philippine government's intention to criminalise fake news might be motivated by the noble goal of ensuring public safety in the time of the COVID-19 pandemic. The non-prioritisation of Bayanihan 2 and the passage into law of the Anti-Terrorism Bill, however, may put this motivation into question. At a time when infection rates have steadily been increasing in the Philippines despite having one of the longest and strictest lockdowns, one wonders why the government seems to prioritise curbing terrorism over the pandemic. Perhaps, this is for a genuine security concern. Perhaps, this is to silence its ardent critics. Perhaps, this is a red herring to mask its incompetence in handling the health crisis. Whatever the reason may be, it is a no-win situation for Filipinos. While their lives are still at risk due to the threat of COVID-19, their most cherished democratic right of free speech also hangs in the balance. The author(s) declared no potential conflicts of interest with respect to the research, authorship, and/or publication of this article. The author(s) received no financial support for the research, authorship, and/or publication of this article. Jeremiah Joven B Joaquin https://orcid.org/0000-0002-8621-6413 Note 1. For her commitment to free speech, Beltran was recognised by international broadcasting network Deutsche Welle (DW) and was one of the 17 recipients of 2020 DW Freedom of Speech Award last May 6, 2020 (Mayol, 2020) . Drilon: Bayanihan Law already expired. The Daily Tribune PNP nabs 47 Covid-19 fake news peddlers The Bayanihan Heal as One Act. Official Gazette Republic of the Philippines The Anti-Terrorism Act of 2020. House of Representatives -18th Congress The 1987 Constitution of the Republic of the Philippines -Article III: The Bill of Rights Cebu artist arrested for 'fake news' bags international award | Inquirer News CHR decries warrantless arrest of Cebu-based writer over satirical COVID-19 post Some governments "using" Covid-19 to stifle dissent, UN human rights chief warns. France 24 Coronavirus 'Fake News' Arrests Are Quieting Critics 16 students arrested in Iligan City during Independence day protest Philippines to enact new anti-terror bill amid protests Jeremiah Joven B. Joaquin, PhD, is an Associate Professor of Philosophy at De La Salle University, and a Research Fellow at De La Salle University's Southeast Asian Research Center and Hub. He specialises in metaphysics, logic, and ethics.Hazel T. Biana is Associate Professor at the Department of Philosophy, De La Salle University, Manila, Philippines. She specialises in gender studies and feminist and postfeminist philosophy. In particular, she works on issues related to intersectionality and cultural criticism.