CHR: Free speech has limits, but gov’t must not infringe on it
While there are limitations to free speech, the Commission on Human Rights (CHR) reminded law enforcement agencies on Monday, March 24, 2025, to ensure that the right of content creators to exercise such freedom would not be infringed. INQUIRER FILE PHOTO
MANILA, Philippines — While there are limitations to free speech, the Commission on Human Rights (CHR) has reminded law enforcement agencies to ensure that the right of content creators to exercise such freedom would not be infringed.
In a statement on Monday, CHR said they understand the danger posed for society when content creators alter quote cards — such as that of President Ferdinand Marcos Jr. to make it seem that he is in favor of legalizing illegal drugs.
However, the commission noted that authorities are conducting surveillance of online content creators or vloggers “whom they suspect of spreading disinformation or fake news.”
“The CHR reminds our law enforcement officers and agencies to remain circumspect in enforcing criminal laws that have a direct impact on the enjoyment of the freedom of expression by every individual,” CHR said.
“While there are limitations to freedom of expression, government-based sanctions that look into the truth or falsity of a statement are a form of content-based restraint that may be considered a prior restraint on free speech prohibited by Article III, Section 4 of the 1987 Constitution,” it added.
According to CHR, probing content creators even before they commit violations might result in a “chilling effect on other constitutionally protected forms of speech.”
“The CHR voices serious concerns against enforcing content-based restraint enforced on pain of criminal or penal prosecution as it sends a chilling effect on other constitutionally protected forms of speech such as an individual’s freedom to express oneself, ethical journalism, and well-meaning political advocacy,” CHR noted.
“As held by our Supreme Court in Disini v. Secretary of Justice, G.R. No. 203335, 11 February 2014, ‘any government threat of punishment regarding certain uses of the medium creates a chilling effect on the constitutionally-protected freedom of expression of the great masses that use it’,” it added.
Last March 20, a 30-year-old female vlogger from Oslob town in southern Cebu was arrested by National Bureau of Investigation (NBI) agents, for allegedly spreading fake news.
According to NBI-Region 7 Director Renan Agustus Oliva, the vlogger edited Marcos’ quote card as published by media company TV5, to make it seem that the president was pushing for the legalization of illegal drugs.
READ: Female vlogger from Oslob, Cebu nabbed by NBI for spreading fake news
Eventually, NBI Director Jaime Santiago said last Saturday that they would be partnering with social media sites’ management to track down content creators waging misinformation and disinformation campaigns.
READ: NBI lauded for raps vs Cebu vlogger
The CHR said it will monitor the situation to avoid intimidation of other people who may restrain the exercise of free speech due to the NBI’s surveillance.
“The CHR remains vigilant in monitoring possible infringements on the fundamental right to freedom of expression to avoid the overbearing application of in terrorem effect of criminal law on the well-meaning exercise of fundamental rights. Indeed, ‘[a] blow too soon struck for freedom is preferred than a blow struck too late’,” CHR said, citing the Supreme Court.
The spread of misinformation and disinformation has been a big problem for the Philippines, as Filipinos are one of the — if not the most — prevalent social media and internet users across the globe.
Last May 2024, lawmakers urged the public to exercise discretion amid the spread of videos where Marcos’ voice was mimicked to announce that the Philippines was getting ready for war against China. Malacañang has since disowned the video.
READ: ‘Deepfake’: PCO disowns clip of Marcos ‘attack order’ vs China
Just recently, House lawmakers called out misinformation and disinformation attempts spreading on social media after former President Rodrigo Duterte was taken into custody by the International Criminal Court.
Some Duterte supporters have shared social media posts stating that the Supreme Court received a petition containing 16 million signatures, asking that Marcos step down from office.
The Office of the SC spokesperson Camille Ting said the High Tribunal has not received any document bearing the title “Supreme Court Receives Petition on 16 Million Signatures Calling for President Marcos’ Resignation”, adding that their office has not issued such a document.
Last Friday, the House of Representatives tri-committee resumed its probe into the spread of false information online. During the hearing, vloggers were scolded for claiming several things — like the extrajudicial killings in the past administration’s drug war being a hoax — without having the necessary documents to prove it.
