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Palace to UN human rights office: Freedom of expression not absolute


Malacañang on Thursday said there are limitations to the right of freedom of expression after the United Nations human rights office accused the Philippines of using the COVID-19 pandemic to crush dissent and tighten censorship.

Presidential spokesperson Harry Roque cited the provision in the Bayanihan to Heal as One Act, which penalizes anyone spreading false information that are “clearly geared to promote chaos, panic, anarchy, fear, or confusion” during the public health emergency.

“Freedom of expression is not absolute. It is subject to derogation and one form of derogation is the criminal clause, ‘yung penal clause na kabahagi ng Bayanihan [to] Heal as One Act,” Roque said in a televised briefing.

Roque also said the Philippines has a functioning judicial system.

“Gumagana ang ating institutions lalong lalo na ang ating mga hukuman at marami po sa mga nakasuhan dinismiss naman po sa ating piskalya pa lang itong mga kasong ‘to. So the system works,” he said.

On Wednesday, UN High Commissioner for Human Rights Michelle Bachelet said the Philippine government allegedly used the law to clamp down on free expression.

She cited the arrest of an artist in Cebu City for online comments about the prevalence of infection in one locality and the attempt of the labor attaché in Taiwan to deport a Filipino migrant worker for criticizing President Rodrigo Duterte's handling of the COVID-19 crisis on social media.

Arrests for expressing discontent or allegedly spreading false information have also been reported in Bangladesh, Cambodia, China, India, Indonesia, Malaysia, Myanmar, Nepal, Sri Lanka, Thailand and Vietnam, Bachelet said.

She said the actions taken to stop the spread of false information must be proportionate and protect freedom of expression. —LDF, GMA News

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