Emergency Powers: An Instrument to Contain Cyber Wild Fire or to Commit Governmental Abuse?

When the news of a potential pandemic broke out early this year, no one would have thought that it would bring horrors that our modern civilization would bear to witness. With the advancement of our technology and decades-worth of study in the medical field, very few seemed to have realized that a global pandemic would rise and challenge the world leaders to keep their citizens safe. Approximately five months later, most of us, with the exception of the health workers, military and police forces, find ourselves locked within the four walls of our home. The reason is to help prevent the spread of COVID-19 and protect the lives of those whose current health conditions will not stand a chance against it.

Leaders of various nations had set in motion countless measures to help fight against the pandemic. Our President, for example, was given the Emergency Powers from which emanate a wide latitude of discretion to enforce laws, through the enactment of Congress, fundamentally aimed at achieving the global purpose.

To eradicate the virus and to protect the citizenry, it is necessary and essential for all of us to stay vigilant and be updated with the situation we are in with respect to COVID-19. Unfortunately, there are those who would use the current situation to sow fear and confusion amongst the populace. Spreading news is one thing, but spreading fake news is another. The latter poses a grave danger for it can create a cyber wildfire that may cause chaotic repercussions.

With this in mind, our President, enacted R.A. 11469 otherwise known as the “Bayanihan To Heal as One Act”, which was duly approved on March 25, 2020. The law penalizes fake news or disinformation under Section 6(f), which reads:

“Individuals or groups creating, perpetrating, or spreading false information regarding the COVID-19 crisis on social media and other platforms, such information having no valid or beneficial effect on the population, and are clearly geared to promote chaos, panic, anarchy, fear, or confusion; and those participating in cyber incidents that make use or take advantage of the current crisis situation to prey on the public through scams, phishing, fraudulent emails, or other similar acts.”

This particular provision caused an uproar to many for they see this as a curtailment of our constitutionally guaranteed freedom of expression and right to access information. As of this time, numerous warrants of arrest had been issued and individuals arrested for an alleged violation of this particular Act. From the government’s standpoint, this may seem rational and just for it helps regulate the circulation of fake news over the web and eventually prevent massive chaos or hysteria amongst the populace. For some, however, this is an avenue for abuse of power which may do more harm than good as evidenced by instances where public officials seem to have stretched the metes and bounds of their authority.

As a catalyst of mutual concession, I am of the belief that there exists a point where an amicable dialogue can be had and a covenant may be reached between the government and the governed. For starters, it cannot be gainsaid that the enactment of the law itself, though hastily done, is unconstitutional. The government is still empowered to enact laws essential to protect the welfare and safety of all under its tutelage. To vehemently oppose and criticize the government’s every move is tantamount to stripping the latter of its authority to govern its people, especially so when the purpose of such opposition is to plant seeds of doubt in the minds of the citizens and promote a relationship founded upon distrust.

Citizen’s trust is the source of life of democracy. A democratic government without the trust of its people will eventually collapse for lack of oxygen to sustain life. It is for this reason that the government must use all means to be in control and remain within the positive spectrum of what the society perceives of them. To do so, the government has to put out even the tiniest bit of ember that may eventually cause a fiery complication in cyberspace which may burn the bridge of unity between the State and the people.

While the government is reposed with both power and privilege of governing our country, the exercise of such powers and privileges must, at all times, remain within the realm of our constitution. Any power exercised in excess of what is allowed by the paramount law is a clear manifestation of abuse of authority.

As citizens, it is but right to question any governmental movements and enactments that may spell out “A-B-U-S-E” in the ordinary course of things. Thus, the cry of those who desire a repeal of the provision of section 6(f) of the Bayanihan to Heal as One Act is nothing but an illustration of the vigilance of the people in protecting our constitutional rights. It has to be emphasized, however, that what is desired to be addressed is the propagation and dissemination of fake news or false information which may dangerously cause confusion and panic among the people. A panic-stricken society will prove to be the most vulnerable in the face of an invisible foe preying the world today.

Be that as it may, it is still incumbent upon the government to provide a crystal-clear definition of “false information” so that the determination of its meaning will not be left in the vagary of law enforcers. As the saying goes, a man is subject to the frailties of another man. Not all of our leaders and law enforcers are saints and some of them will definitely use the ambiguity of the law to satisfy their hunger to express dominance by abusing their authority. Hence, the government, must exercise the emergency powers wisely and properly, not only for purposes of ensuring the achievement of the objectives but also to enforce it without violating any constitutional rights.

In sum, the emergency powers of the President may be treated as a double-edged sword which can produce both favorable and unfavorable consequences. It is now in the hands of the government whether to repeal the said provision of Bayanihan Act and use it as an effective and proper means of avoiding cyber wildfire or to let it stand and allow the said law to become a vehicle of committing governmental abuse.

Philippine government, choose wisely.

#Fakenews# Covid19 #EmergencyPowers #PresidentDuterte

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The views or opinions expressed in this blog article are solely those of the author and do not necessarily represent those of Mendoza Navarro-Mendoza and Partners Law Offices. The firm shall not be held liable for violation of any law or statute arising from the article.