Artists rally against Philippine anti-terrorism bill as fears for free speech, human rights increase

Cartoonist and illustrator Renan Ortiz is one of many Filipino artists to have picked up a pen, pencil or paintbrush in defence of journalist Maria Ressa, who was convicted of “cyber libel” in June and could face a prison term.

Ortiz drew a cartoon of Ressa holding a “Defend Press Freedom” poster, and uploaded it to his Instagram account.

The conviction of Ressa, the co-founder and chief executive of online news website Rappler, came ahead of the enactment of a much feared anti-terrorism bill in the Philippines, which President Rodrigo Duterte signed into law on July 3. Seen by many as a means to brand political opponents terrorists and to silence free expression, the bill has been met with widespread public opposition.

Ortiz says the Duterte government uses a range of tactics against journalists and outspoken artists, including killing them, harassment, and using “black propaganda” to defame them.

A woman wearing a face mask made of recycled plastic bottles takes part in a protest against President Duterte’s anti-terrorism bill in Quezon City, Metro Manila. Photo: Getty Images

A woman wearing a face mask made of recycled plastic bottles takes part in a protest against President Duterte’s anti-terrorism bill in Quezon City, Metro Manila. Photo: Getty Images

“We all know the bill will not target terrorists. It will target all opposition,” Ortiz says. “It will act as a final sweep, the clean-up, the red carpet for the Duterte dictatorship.”

Supporters of the bill point to violent attacks that have rocked the nation in recent months. They insist the Philippines’ 2007 Human Security Act is too restrictive and hinders the government’s ability to effectively combat terrorists and their supporters. Duterte has flagged the anti-terror bill as “urgent”.

Public opposition to the bill was evident at a June 12 Independence Day demonstration in Metro Manila, where an array of eye-catching signs, face masks and banners expressed dismay and outrage.

National police chief Debold Sinas, who was given special permission to hold a birthday party despite a ban on mass gatherings, was mocked by members of the artist-activist group SAKA (Sama-samang Artista para sa Kilusang Agraryo), who lugged a “karaoke resistance” set around the protest.

SAKA writer Angelo Suarez points to a number of links between collective resistance and art. With limited tools and with movement restricted by quarantine measures, artists continue to make the most of what’s available to them, he says, adding that their art can be “as simple as a social media post, but is most effective in print for maximum distribution to grass-roots communities”. 

House leaders vow to pass bills promoting freedom of expression

MANILA – House leaders have reaffirmed the commitment of Congress to pass meaningful legislation that would promote freedom of opinion and expression in the pursuit of transparency, accountability, inclusivity, and building a better Philippines.

According to a statement issued by the House on Thursday, House Committee on Justice chair Juliet Marie Ferrer and House Inter-parliamentary Relations and Diplomacy chair Glona Labadlabad made the commitment during their meeting with United Nations Special Rapporteur (UNSR) Irene Khan at the House of Representatives on Wednesday.

Ferrer said the House has taken steps to uphold freedom of opinion and expression, media freedom, and access to information as enshrined in the Philippine Constitution.

Ferrer highlighted 14 House bills that would operationalize the right to information and the policy of full public disclosure in all government agencies and instrumentalities.

Aside from the Freedom of Information bills, she also noted that measures have been filed to promote the welfare of media workers and protect journalists and their sources.

“The Philippine Congress has enacted and will continue to discuss and enact timely and impactful legislation to uphold the Filipinos’ constitutional right of access to information, freedom of expression, and press freedom,” she said.

Labadlabad, for her part, described the meeting as a "pivotal moment that embodies the House and the UN’s shared commitment to human rights, equality, and open dialogue".

Khan urged the lawmakers to prioritize three important bills, namely the Human Rights Defenders’ Bill, the Media Welfare Bill, and the possible decriminalization of libel and cyber libel.

“Those three would be absolutely critical to make sure you are on set very well the mainstream of human rights in this country,” Khan said.

Ferrer said the Human Rights Defenders’ Protection Bill has already been approved by the House Committee on Human Rights in February 2023.

KABAYAN Party-list Rep. Ron Salo, who was also present during the meeting, said the provision on rights of the people to freedom of speech, expression and peaceably assemble is already in the Bill of Rights of the 1987 Philippine Constitution.

“It’s self-explanatory, hence, it doesn’t need a bill to implement it,” Salo said.

Salo also pointed out that there are no laws that regulate mass media in the country.

“They are all around. The standards they follow are developed by themselves,” he said.

Khan visited the country to meet with various government agencies to assess the country's human rights mechanisms.

Khan's ten-day visit will end on Feb. 2.

Khan is expected to provide recommendations to the UN on enhancing the country's human rights mechanisms after her 10-day visit. (PNA)

Freedom of Expression Declines Further Under Marcos

Three months after coming to power, Philippine President Ferdinand Marcos Jr. has failed to reassure the media community and the public that he will promote freedom of expression and reverse the impunity that worsened during the term of his predecessor. To be sure, there was little expectation that the son of a deposed dictator would be a champion of press freedom, but his election pledge of unity and healing could have been a good opportunity to affirm his commitment to protecting the public’s right to information.

For the National Union of Journalists of the Philippines (NUJP), the first 100 days of the new government saw a continuing decline in free speech, and the group documented 17 cases of press freedom violations. These include two media killings, four cyber libel incidents, two arrests for cyber libel, one libel charge, one case of surveillance and harassment, two cases of “red-tagging,” one denial of coverage, one physical assault, one death threat, and two instances of online harassment.

The recent murder of a radio broadcaster in Metro Manila was widely condemned because of its chilling effect. The murdered journalist was a staunch critic of corruption activities involving officials of the previous and current governments. Surprisingly, a gunman confessed his crime but it raised more questions since the person who supposedly hired him is inside a maximum prison facility and has already died. The quick response of authorities indicated the clamor for swift action against the rising attacks targeting journalists.

After the killing of a radio journalist, several TV reporters came forward to reveal the threats they have been receiving on social media. A reporter also shared that a police officer visited his house to inquire about his safety. These incidents alarmed media watchdogs. The police clarified that they only have good intentions in personally reaching out to journalists, but they promised to stop the practice of making surprise home visits. Authorities also vowed to look into the online threats directed against several prominent journalists.

The Commission on Human Rights has denounced the recent spate of media-related attacks. “Any attempts to silence the press – particularly by creating a culture of fear and violence – directly impacts democracy and the human rights situation in the country.”

The Movement Against Disinformation (MAD) assailed the culture of impunity that has gravely affected the work of journalists. “This is a death by a thousand cuts of Philippine democracy, where a pillar in the checks and balances system is insidiously undermined then suppressed,” the group said in a statement.

MAD and NUJP have also issued statements condemning the practice of red-tagging after several journalists were named as members of the Communist Party and its armed wing by a former spokesperson of the government’s anti-communist task force.

Among the red-tagged journalists was Rappler editor and Nobel Peace Prize winner Maria Ressa, whose cyberlibel conviction was recently affirmed by the Court of Appeals. She noted that she faces continuing harassment even after a change in government. “The ongoing campaign of harassment and intimidation against me and Rappler continues, and the Philippines legal system is not doing enough to stop it,” Ressa said. “I am disappointed by today’s ruling but sadly not surprised.”

The veteran Filipino-American journalist and editor could serve time in prison if the Supreme Court rejects her appeal. Various groups have expressed support for Ressa including the Hold the Line Coalition which has called on Marcos to withdraw all charges and cases against her.

Ressa’s case is an important indicator of how the Marcos government will deal with the media. It also has a disturbing implication for other journalists and media companies since Ressa was convicted for an article she didn’t write and charged under a law that had not yet been passed when the alleged libelous article was published by Rappler.

Media groups have been calling for the decriminalization of libel. Instead of heeding this appeal, Marcos signed the Mandatory SIM Card Registration Bill into law, a measure that could potentially enable mass surveillance. Despite the numerous economic and health problems facing the country, it is revealing that the first law signed by Marcos could be a tool for political repression.

Human rights group Karapatan cited the notorious record of the government in upholding the privacy rights of citizens. “The SIM card registration is another attempt of the government to institute false public security when it has failed to uphold the people’s right to security and privacy by being the primary source and enabler of more threats like data breaches, surveillance and poor implementation of laws on data privacy,” it stated.

Journalists continue to face violent threats, critics are slapped with harassment suits, and the public is wary about the impact of the mandatory SIM card registration law. The Marcos government should spend its next 100 days addressing the concern about the unceasing decline of freedom of expression in the country.