A legal expert believes that red-baiting or red-tagging — where individuals are associated with armed struggle — should be criminalized because it poses a risk to human life and security.
“The legal basis is quite obvious that you’re harming people when you are red-baiting or red-tagging as they call it here… So it is not the speech that is being punished but what the speech does,” said Antonio La Viña.
To make matters worse, red-tagging not only destroys reputation but also endangers life.
“So it’s akin to libel, it’s akin to plunder where there are consequences, but in this case, the consequences is not in reputation, the consequences actually are to your life, and that is more serious than libel,” said La Viña.
La Viña suggested that the punishment should be more severe if government officials red-tag.
It will be recalled that the Senate held hearings on red-tagging, in which activists and the military accused them.
Last week, Senate President Vicente Sotto III shared that President Rodrigo Duterte “laughed” at the idea of criminalizing red-tagging.
This was after some senators raised the idea of making red-tagging a crime in a Senate hearing.
“I told the president last night of the idea of some to criminalize red-tagging, he laughed!” Sotto told reporters in a text message.
“Napakalabo! It’s like criminalizing name-calling. Paano ‘yung sinasabihan ng fascist? Narcissist? Hindi bawal? ‘Yun yellow? Bawal din?” he said.
(It’s crazy! It’s like criminalizing name-calling. What about those called fascists? Narcissist? Is that not allowed? What about those called yellow? Should that be disallowed too?)
Criminalize red-tagging
In one of the hearings, Senator Panfilo Lacson said he is “seriously considering” filing bills criminalizing red-baiting.
“I am seriously considering the recommendation to criminalize red-tagging as long as such legislation will not infringe on the bill of rights involving freedom of speech and expression,” Lacson said.
Meanwhile, Senator Risa Hontiveros said she would evaluate the need for a law that would criminalize red-baiting.
“I have to study that, kung necessary ba ‘yon to provide for that by law. Kasi, the constitutional provisions alone should suffice yung freedom of conscience, freedom of association,” Hontiveros told reporters in an online interview.