House orders no-show social media personalities to appear in next hearing on online disinformation

Metro Manila, Philippines - The House has ordered a number of social media personalities to explain their absence in an inquiry on disinformation on Tuesday, Feb. 4.

Former Press Secretary Trixie Cruz-Angeles raised legal issues in declining the House invitation to the hearing that, according to the committee, seeks to improve social media use. Angeles was among those issued a show cause order.

“I question the legality of the inquiry as well as the proposed legislation for being violative of the constitutional guarantee of free speech,” said Angeles in a letter, portions of which were read by Santa Rosa, Laguna Rep. Dan Fernandez, who presided over the hearing.

Abang Lingkod party-list Rep. Joseph Stephen Paduano asked the House legal department to look into a possible disbarment case against Angeles.

“[She] is an officer of the court, and [she] should respect the constitutional duty of Congress and question of legality,” Paduano said.

By the end of the hearing, the joint panel agreed to issue show cause orders to 37 social media personalities out of the 41 they invited. Three were present in the hearing while one is on an overseas trip.

Surigao del Norte Rep. Ace Barbers pointed out that the inquiry is to come up with legislation to improve social media utilization.

“Ito pong hearing na ito ay hindi para kitilin o i-suppress ‘yung freedom of speech nila. Wala ho kaming ganu’ng layunin. Ang layunin po natin dito ay gawan ng polisiya ang paggamit ng social media platforms,” he said.

[Translation: This hearing is not to suppress the social media personalities’ freedom of speech. We do not have that objective. Our aim is to craft a policy on social media use.]

Confrontation

SAGIP party-list Rep. Rodante Marcoleta confronted one of the few social media personalities who attended the hearing.

Marcoleta said Ricky Tomotorgo uploaded a video, titled “Huwag Maniniwala sa Pakulo at Panlilinlang ni Marcoleta [Do not believe the gimmick and deception of Marcoleta].”

“Kahit kailan wala akong nilinlang na mamamayan ng Pilipinas. Wala kang karapatan na akusahan mo ko ng ganito,” Marcoleta said.

[Translation: Never have I deceived any Filipino. You do not have a right to accuse me.]

Tomotorgo said he referred to Marcoleta’s remarks about statesmanship and unity after he met with former Vice President Leni Robredo. The social media personality insisted that his video title was an opinion piece.

Marcoleta asked Tomotorgo to apologize. But the vlogger said: “Sorry, Mr. Chair, I won’t apologize. Opinyon ko ‘yun [That’s my opinion].”

The lawmaker then asked the committee to cite Tomotorgo in contempt for failing to answer his question. But Fernandez said Marcoleta does not have the privilege as he is not a member of any of the three committees.

Petition before SC

Meanwhile, Angeles, former National Task Force to End Local Communist Armed Conflict spokesperson Lorraine Badoy, and other social media personalities filed a petition for certiorari and prohibition before the Supreme Court.

Former presidential spokesperson Harry Roque, the group’s counsel, said the regulation of social media content is “in conflict with the constitutional prohibition that no law shall be passed that shall abridge the freedom of speech and of expression.”

The tri-committee’s actions “create a chilling effect on the exercise of constitutional freedoms. They constitute prior restraint on the right to free speech,” the petition stated.