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PH gov't urged to criminalize red-tagging

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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/2020/news/12/07/20201130-bonifacio-day-protest-up-md6.jpg"/><figcaption>Protesters picket at the University of the Philippines in Quezon City in observance of Bonifacio Day, Nov. 30, 2020. Mark Demayo, ABS-CBN News</figcaption></figure></div>MANILA - A constitutional expert is pushing to criminalize red tagging, saying the act creates a clear and present danger to those being linked to the communist movement.&quot;The legal basis is quite obvious that you are harming people when you are red-baiting or red-tagging. It&#x27;s not the speech that&#x27;s being punished but what the speech does,&quot; former Ateneo School of Government dean Antonio Laviña told ANC.&quot;So it&#x27;s akin to libel. It&#x27;s akin to slander where there are consequences. In this case, the consequences is not to your reputation but the consequences is actually to your life and it&#x27;s even more serious than libel,&quot; he added.<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/12/02/20/terrorism-in-its-worst-form-constitutionalist-urges-senate-to-criminalize-red-tagging">&#x27;Terrorism in its worst form&#x27;: Constitutionalist urges Senate to criminalize red tagging</a></li></ul>In a Senate hearing last week on rampant red-tagging activities of state forces against government critics and activists, La Viña said the act was &quot;terrorism in its worst form.&quot;He is the legal counsel of Kabataan party-list members who were accused of being involved in the insurgency movement.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;La Viña warned that baseless linking of individuals and groups to the armed insurgency had become harmful because it is amplified through social media.&quot;Red-tagging creates a clear and present danger to people,&quot; he said, adding that freedom of speech doesn&#x27;t apply because government officials should be held accountable for what they say.&quot;You can&#x27;t accuse people without evidence or proof... You can&#x27;t say something which have no basis,&quot; La Viña added.<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/12/02/20/duterte-laughed-at-proposal-to-criminalize-red-tagging-sotto">Duterte &#x27;laughed&#x27; at proposal to criminalize red tagging: Sotto</a></li></ul>Last week, Senate President Tito Sotto III said President Rodrigo Duterte &quot;laughed&quot; at such proposal.&quot;It&#x27;s crazy! It’s like criminalizing name-calling. What about those called fascist? Narcissist? Is that not allowed? What about those called yellow? Should that be disallowed too?&quot; he said.But other senators, including Senate Committee on National Defense chair Panfilo Lacson, said the proposal was worth looking into.&quot;As a matter of fact, I am seriously considering the recommendation to criminalize red tagging as long as such legislation will not infringe on the bill of rights involving freedom of speech and expression,&quot; he said.<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/12/01/20/chr-warns-govt-red-tagging-endangers-lives">CHR warns gov&#x27;t: Red-tagging endangers lives</a></li></ul>The Commission on Human Rights (CHR) had warned government officials of red-tagging individuals because it endangers lives.The agency said there must be a delineation between those who think different against government and those who have taken up arms against government.It made the remark after the President alleged opposition lawmakers as &quot;legal fronts&quot; of communist rebels.<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/11/30/20/we-are-identifying-you-as-communists-duterte-blasts-makabayan-bloc-lawmakers">&#x27;We are identifying you as communists&#x27;: Duterte blasts Makabayan bloc lawmakers</a></li></ul><figure class="op-interactive"><iframe height="315" src="https://www.youtube.com/embed/jgNrS5lhr0Q?enablejsapi=1" width="560"></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>

A constitutional expert is pushing to criminalize red tagging, saying the act creates a clear and present danger to those being linked to the communist movement.

A constitutional expert is pushing to criminalize red tagging, saying the act creates a clear and present danger to those being linked to the communist movement.