Social media personalities challenge anti-terror law before Supreme Court

Social media personalities on Wednesday asked the Supreme Court to strike down several provisions of the Anti-Terrorism Act of 2020.

In the 21st petition against the new law, a group called "Concerned Online Citizens" urged the court to declare Sections 4 to 12, 25 to 27 and 29 unconstitutional and void.

They also asked the SC to restrain the government from enforcing the law and promulgating its implementing rules and regulations.

Mark Averilla, more popularly known as Macoy Dubs; Jover Laurio of the Pinoy Ako Blog; spoken word artist and film and television writer Juan Miguel Severo; and columnist Tonyo Cruz are among the 19 petitioners.

The petitioners said they have their own experiences and stories of threats of prosecution, harassment from government officials, and the "chilling effect" on their followers and the public caused by "overly broad, vague and dangerous provisions that could easily be abused and misused."

"Would the mere mention or reportage by petitioners, members of the media and the public in the online space of organizations and persons designated as 'terrorist' by executive officials make them liable under the law?" they said in their petition.

The social media personalities claimed that the law's definition of terrorism, and consequently of its related crimes, is vague and overbroad, hampering the free exercise of fundamental rights.

"It cannot be overly emphasized that the new Anti-Terrorism Act is highly questionable for its vague and overbroad definition of ‘terrorism’, which may lead to the capricious and arbitrary application by law enforcers and may chill the people to silence," they said in the 52-page petition.

The petitioners also questioned the provisions on the designation and proscription of individuals and groups as terrorists, as well as the provision allowing the warrantless arrest of suspected terrorists and their detention of up to 24 days before having to be charged in court.

The SC has ordered the consolidation of the first 19 petitions against the anti-terrorism law.

These were filed by retired justices Antonio Carpio and Conchita Carpio Morales, four members of the commission that drafted the 1987 Constitution, lawmakers, lawyers, professors, youth leaders, journalists, artists, labor groups, and activists.

Despite reassurances by the government that the law will not be used to target activists, critics urged the SC to strike it down due to what they said were unconstitutional provisions.

Among the most challenged provisions are the "vague" definition of terrorism and the up-to-24-day detention of suspected terrorists before they have to be charged in court -- a period eight times longer than the limit set by the Constitution for persons arrested in times of invasion or rebellion when the privilege of the writ of habeas corpus is suspended. —LDF, GMA News