The Supreme Court (SC) has assured that the judiciary, now dealing with technological advancements, will not dilute the essence of the freedom of expression but instead strengthen it.
Thus, Chief Justice Alexander G. Gesmundo urged the participants in a recent symposium on freedom of expression to “reaffirm our commitment to a future where freedom of expression, firmly grounded in constitutional principles, illuminates the path towards a more just and democratic society.”
Led by the SC and the Philippine Judicial Academy (PhilJA, a symposium on Contemporary and Enduring Challenges to the Philippine Judiciary on Questions Involving Freedom of Expression was held recently at the PhilJA’s offices in Tagaytay City.
Participants during the symposium were justices of the SC, Court of Appeals, Court of Tax Appeals, Sandiganbayan, and trial court judges from all judicial regions in the country.
Aside from other court officials, there were also legal experts and practitioners both local and foreign, and members of the academe, civil society groups, and development and social change lawyers.
The other participants were from the Integrated Bar of the Philippines, the Commission on Human Rights, student organizations, and human rights institutions.
The symposium featured the academic papers of 15 presenters on the topic of freedom of speech, expression and of the press, as well as its cognate rights.
In his message, Chief Justice Gesmundo noted that “the way which people exercise their right to free expression is now constantly in flux must be recognized.”
Thus, he said, the SC “must serve as both an anchor and a guide by ensuring that legal principles are firmly rooted in the core values of democracy.”
“The actions we take must not only show legal precision, but more importantly, also serve as a compass for a society which is also navigating uncharted waters,” he pointed out.
He reminded that the protection and enforcement of human rights in the Philippines have always been among the SC’s core priorities and is consistent with the guidelines of its Strategic Plan for Judicial Innovations 2022-2027 (SPJI).
Senior Associate Justice Marvic M.V.F. Leonen, chairperson of the SC Committee on Human Rights and International Humanitarian Law, presented three emerging threats to humanity namely: (1) climate change and extreme weather events; (2) the unregulated advancement of artificial intelligence, unauthorized collection and manipulation of personal data; and (3) the worsening state of democracy among all nations.
Amidst these systemic threats, Justice Leonen called “for the reexamination of the foundations of our doctrines related to freedom of expression.”
He said that “the right enshrined in Article III, Section 4 of the Constitution should afford the most significant protection to citizens’ political speech, ensuring that the sovereign holds those in power accountable....”
He pointed out that “social justice can only be realized when laws are crafted, enforced, and interpreted with a critical understanding of the realities of all our people.”
Thus, he reminded: “We must instill in us the faith that our freedoms are so profoundly intertwined that if we fail to stand and protect the rights of others, no one is truly free. We are all individual weaves in this singular tapestry of humanity, and we owe it to each other to do what is right and just.”
The SC’s Public Information Office (SC-PIO) said there were three breakout sessions during the symposium. These were on balancing anti-terrorism measure and protecting fundamental freedoms; on evolving freedoms, ethics, and responsibilities of the press in the 21st century; and on examining the intermediary liability framework for protecting the exercise of freedom of expression online.
It said that after the breakout sessions, a plenary discussion followed where three internationally renowned legal experts from the University of Malaga and University of Granada in Spain share their insight on freedom of expression and its exercise.
Professor José Manuel de Torres Perez of the Universidad de Málaga presented “Commoditization of Data and its Acquisition by Political Parties to Condition Citizen’s Votes,” while Professor Pablo Sanchez Molina, also of the Universidad de Malaga, presented “Rethinking Human Rights in the Age of Artificial Intelligence: The EU Regulation Perspective.”
Professor José Antonio Castillo Parrilla of the Universidad de Granada, Spain, spoke on “The Digital Environment, The Economic Use of Data through Profiling and the Protection of Democratic Participation Rights – the Right to Vote.”
Dean Sedfrey M. Candelaria, chief of Office for Research Publications and Linkages Offices of PhilJA facilitated the open forum, while SC Associate Justice Amy C. Lazaro-Javier, vice chairperson of Committee on Human Rights and International Humanitarian Law, formally closed the symposium.
Also present during the two-day event were Associate Justices Mario V. Lopez, Japar B. Dimaampao, Jose Midas P. Marquez, and Maria Filomena D. Singh.