The regulation of social media is not included in the mandate of the Anti-Terrorism Law, Defense Secretary Delfin Lorenzana said Wednesday.
(NTF Against COVID-19 / FILE PHOTO / MANILA BULLETIN)
Lorenzana was reacting to the remarks of newly installed Armed Forces of the Philippines (AFP) Chief Lieutenant General Gilbert Gapay who suggested the inclusion of specific provisions on the regulation of social media in the implementing rules and regulations (IRR) of the Anti-Terrorism Law of 2020.
"It is not part of its mandate and it would violate freedom of speech and discourse," Lorenzana emphasized.
Lorenzana said he talked to Gapay to clarify what the latter meant in his proposal.
"I asked Gen. Gapay yesterday (Tuesday) what he meant because I was likewise surprised to hear him say it," Lorenzana said.
"According to him, he meant the darknet, the clandestine network that peddles drugs, traffic people, sells guns and explosives, hire assassins and other illegal activities," he continued.
"But even this is difficult to regulate because it is underground and operates illegally," he stated.
But the aim of the military's proposal to regulate social media is to prevent terrorists from weaponizing the Internet and not curtail the freedom of critics of the government, said Major General Edgard Arevalo, AFP spokesperson.
"By 'regulating', he opines (that there is a) need to explore mechanisms by which we could ensure that social media will not be used as a convenient but powerful means to promote terrorism, recruit new members, solicit and generate financial, logistical, and material support from domestic and foreign sources," Arevalo said.
He clarified Gapay only wants to prevent a repetition of tragic experiences that the people have suffered in the past from the hands of terrorists.
"The end view is to prevent the suffering of our people in terms of countless deaths, serious bodily injuries, massive destruction of vital government infrastructures, public and private properties caused by terrorism and violent extremism," he added.
Gapay's remarks came amid the formulation of the IRR of the Anti-Terrorism Law by the Department of Justice (DOJ) and the Anti-Terrorism Council (ATC).
"We need to have specific provisions in the IRR pertaining to regulating the use of social media. This is a platform now being used by the terrorists to radicalize, recruit and even plan terrorist acts," Gapay had said.
Gapay's remarks was criticized in social media with netizens expressing the fear that it might be the start of a crackdown against government dissenters.
However, Arevalo quelled the public's fears by citing the military's experience in the Marawi City siege in 2017 where social media was used by terrorist groups to advance their propaganda.
During the Maute terror group-led siege, Arevalo said social media was used by the terrorists to recruit fighters, plan and coordinate their attacks.
He insisted Gapay was aware that regulating social media can be done only within the bounds of existing laws.
"The AFP assures the public that it will not curtail and instead protect the people’s right to free speech, assembly, and redress of grievances as enshrined in the Constitution," Arevalo said.
The Anti Terrorism Law was enacted by President Duterte on July 3 to strengthen the country's counter-terrorism measures, especially in the southern part of the country where various insurgent and terror groups -- such as Abu Sayyaf, Bangsamoro Islamic Freedom Fighters, and Dawlah Islamiyah factions -- continue to thrive.
However, it was met with strong resistance from critics who claimed that several ambiguous provisions might be used by law enforcers to stifle dissent.
At least 22 petitions have already been filed at the Supreme Court to question the legality of the newly-passed law.
The latest petition was filed Tuesday by a group of Muslim lawmakers, lawyers, and an imam.