Lacson: Anti-Terrorism Act could justify blocking of websites
MANILA, Philippines (Updated 9:24 p.m.) — The National Security Council's move to block dozens of websites that it claims are affiliated with communist rebels could be justified under the Anti-Terrorism Act, Sen. Panfilo "Ping" Lacson, author of the Senate bill for it, said.
But the justification he gave was not among the allegations that the NSC made in its letter to the National Telecommunications Commission or in a statement Wednesday justifying online censorship of websites, including those of alternative media sites Bulatlat and Pinoy Weekly.
"If the blocked websites had to do with financing the activities of the CPP-NPA (Communist Party of the Philippines-New People's Army) which the Anti-Terrorism Council had already designated as a terrorist organization, there is legal basis under the law for such action undertaken by the NTC," he said.
Lacson did not cite which part of the ATA he meant, but Section 12 on Providing Material Support to Terrorists holds liable people who provide material support "to any terrorist individual or terrorist organization" as "principal to any and all terrorist activities" done by the group.
The Implementing Rules and Regulations of the ATA includes "currency or monetary instruments or financial securities" in its definition of material support.
National Security Adviser Hermogenes Esperon Jr. earlier this month requested the NTC to order Internet Service Providers to block 26 websites he said had been "found to be affiliated to and are supporting terrorists and terrorist organizations." He did not cite evidence of the claim.
He later claimed that Pinoy Weekly had content that violated ATA provisions on Inciting to Commit Terrorism and on Recruitment to and Membership in a Terrorist Organization. Neither of these were cited in his request to block the websites.
READ: Esperon defends blocking sites, calls it protection vs 'leftist misinformation'
Lacson, however, said that NTC's order "may be challenged before the court because it is the basic right of an aggrieved party to do so as it has something to do with the interpretation of the law."
Sen. Aquilino "Koko" Pimentel III on Wednesday described the NTC's move as a "broad one" that could leave the public "ignorant of other perspectives and other ways of looking at things."
"Allowing access to other thoughts — which are not in agreement with our own thoughts — is one necessary step in the development of critical and independent thinking," he told reporters on Wednesday.
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The Department of the Interior and Local Government defended the censorship.
"It cannot be denied that the propaganda contained in the terrorist web-sites are being used to advance the illegal cause of the terrorists, in this case the CPP-NPA-NDF, which is to overthrow the government through violent means and destroy our democratic way of life," DILG Undersecretary Jonathan Malaya said in the face of denials by Bulatlat, Pinoy Weekly, and by progressive groups like Bagong Alyansang Makabayan whose websites have also been blocked.
"Some types of speech may be subjected to some regulation by the State under its police power, in order that it may not be injurious to the equal right of others or those of the community or society," he also said.
Human rights group Karapatan on Thursday denounced the blocking of the websites saying it "affirms that the concerns and main arguments raised by the Supreme Court petitioners against the terror law are legitimate."
In a statement, Karapatan secretary-general Cristina Palabay said: "These arbitrary acts violate press freedom, freedom of expression, due process rights, the people’s right to information, and the right to political dissent, among others." — A.Y. Yang
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