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Statement of the CHR on the proposal to limit the constitutional right to free speech

PRESS STATEMENT | 24 January 2018

The freedom of speech is a fundamental right. Most liberties that we enjoy today were products of voices that expressed dissent against abuses and inequalities, and were bold enough to demand accountability from erring authorities.

With the current discussions on amending our Constitution, the Commission on Human Rights expresses grave alarm over proposals to limit freedom of speech by qualifying it with the phrase ‘responsible exercise.’ Not only is the current proposal vague in its definition of what ‘responsible exercise’ mean, but it also allows for the subjective interpretation of the phrase.

A free, democratic society depends on the free exchange of ideas. Speaking truth to power and fighting for one’s convictions are both anchored on our ability to exercise this freedom. Needless to say, free speech is essential in bringing about change for social good.

But, at times, discourse may cause discomfort, especially when it starts to challenge oppressive norms that society has accepted to be a reality. Unfair working conditions, slavery, discrimination, and even dictatorships are just but few examples of the abuses that society has addressed because we have allowed them to be confronted with speech founded on ethics and reason. But it is also not true that this right is absolute.

The Philippines is a signatory to the International Covenant on Civil and Political Rights. Article 19 of the said Convention has sufficient safeguards to the freedom of expression, such as respect for the rights or reputations of others, national security, public order, public health and public morals. There are also domestic laws on libel, which, at times, are ironically used to silence the press, dissenters, and those who seek the truth.

Ideas are best sharpened with constructive discussions. In the end, exercising freedoms of speech and expression is not about lessening offence to personal sensibilities. It is about protecting our right to express and be heard in an exchange in pursuit of a better, dignified life for all. ■

 

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