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Red-tagging an example of how anti-terror law causing harm to activists: expert

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ABS-CBN News

<div class="embed-wrap"><figure data-feedback="fb:likes,fb:comments"><img src="http://sa.kapamilya.com/absnews/abscbnnews/media/2021/news/02/01/20200727-sona-protest-bhs-6.jpg"/><figcaption>Protesters hold slogans during a rally against the fifth State of the Nation Address of President Rodrigo Duterte at the University of the Philippines, Diliman in Quezon City, July 27, 2020. <em>Basilio H. Sepe, ABS-CBN News/File</em></figcaption></figure></div><p>MANILA - A constitutional expert said Monday there was a chilling effect on freedom of speech when the new counterterrorism law, which grants state forces sweeping powers to address terrorism, was enacted.</p><p>&quot;There&#x27;s already an impact on the society the moment the act was enacted. Because the moment the act was enacted, there was already a chilling effect,&quot; law professor Antonio La Viña told ANC.</p><p>The military&#x27;s red-tagging operations, he said, is an example of how the anti-terror law is causing harm to activists.</p><p>&quot;Because they kept on saying that activists, who are doing all of these things, that criticizing the government are terrorists. That&#x27;s a good example,&quot; said La Viña, also legal counsel for a group of petitioners of the anti-terrorism law.</p><p>&quot;Then they cite specific provisions of the anti-terror act, saying when you criticize the government it violates this particular provision. Then that could be pointed out as in fact already causing harm.&quot;</p><p>Red baiting, as defined by Supreme Court Associate Justice Marvic Leonen in 2011, refers to &quot;the act of labelling, branding, naming and accusing individuals and/ or organizations of being left-leaning, subversives, communists or terrorists (used as) a strategy...by State agents, particularly law enforcement agencies and the military, against those perceived to be &#x27;threats&#x27; or &#x27;enemies of the State.&#x27;&quot;</p><p>La Viña said the law was vague &quot;because there&#x27;s no definition of many of the acts.&quot;</p><p>Vague definitions of certain crimes can have chilling effect on freedom of speech and right to associate, he said.</p><p>&quot;That&#x27;s why you need definition for all of these. You need to show that in fact it&#x27;s related to the act of terrorism,&quot; he added.</p><p>The counter-terror law was signed in July 2020 despite heavy opposition over fears it could be used to crack down on dissent.</p><p>Among the law&#x27;s contentious provisions includes warrantless arrest, prolonged detention without charges and the designation of any person or group as terrorists.</p><p>Thirty-seven petitions are pending before the Supreme Court challenging the validity of the law. Oral arguments are set to begin on Tuesday, Feb. 2.</p><div><strong>RELATED VIDEO</strong></div><figure class="op-interactive"><iframe allow="autoplay; fullscreen" frameBorder="0" height="100%" id="ivsplayer01" scrolling="no" src="https://player.ivideosmart.com/ivsplayer/v4/dist/html/iframe-src.html?iframeid=ivsplayer01&amp;key=e8c22c015ca9eafa76f1e3edfa03c603&amp;spid=3001339&amp;vid=1610799" width="100%"></iframe></figure><div class="iwantbar">Watch more in <a href="//www.iwantv.com.ph/">iWantv</a> or <a href="//tfc.tv/">TFC.tv</a></div>

<p>A constitutional expert said Monday there was a chilling effect on freedom of speech when the new counterterrorism law, which grants state forces sweeping powers to address terrorism, was enacted.</p>

A constitutional expert said Monday there was a chilling effect on freedom of speech when the new counterterrorism law, which grants state forces sweeping powers to address terrorism, was enacted.