SOCIAL media influencers and personalities have filed the 21stpetition before the Supreme Court (SC) seeking to declare several provisions of the Anti-Terrorist Act (ATA) of 2020 unconstitutional.
The petitioners led by Mark Averilla, a video blogger known as “Macoy Dubs” argued that they have a “personal and substantial interest” in filing the petition considering that ongoing efforts of the government “to regulate and control content online.”
“As the Anti-Terrorism Act of 2020 is already in effect, petitioners, individually and/or collectively will be subjected to being tracked down, followed, or investigated, or having their messages, conversations, discussions, spoken or written words tapped, listened, intercepted and recorded through various means, including computer and network surveillance, all of which are violative of their constitutional rights to privacy, free speech, free expression and their right against unreasonable searches and seizures,” the petitioners said.
Just like the other petitioners before them, Arevilla and his co-petitioners argued that the provisions that define terrorism under Republic Act 11479 or ATA of 2020 are void for “vagueness and overbreadth.”
Specifically, the petitioner are seeking to enjoin the implementation of (a) Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12; (b) Sections 25, 26, and 27; and (c) Section 29 of the Anti-Terrorism Act of 2020.
“It cannot be overly emphasized that the new Anti-Terrorism Act is highly questionable for its vague and overbroad definition of ‘terrorism’, which may lead to the capricious and arbitrary application by law enforcers and may chill the people to silence,” the petitioners said.
They added that the vagueness of the ATA of 2020 poses a danger of curtailing fundamental freedoms such as speech, expression and of the press as this will discourage citizens from airing their opinions on sensitive political and social issues for fear of violating the law.
The petitioners are also asking the Court to issue a temporary restraining order (TRO) pending its action on the merit of the petition.
The TRO is necessary, according to the petitioners, as the implementation of the ATA of 2020 causes grave and irreparable damage and injury on anyone whose constitutionally guaranteed rights to exercise freedom of speech, of expression, of the press, and of assembly shall be restrained or impaired.
Arevilla’s co-petitioners include other social media influencers identified as Noelle Theresa Capili, Robby Derrick Cham, Victor Louis Crisostomo, Anthony Ian Cruz, Marita Dinglasan, Thyssen Estrada Mark Angelo Geronimo, Balbino Pada Guererrero Jr., Jover Laurio, John Carlo Mercado, Raymond de Vera Palatino, Lean Redino Porquia, Marcel Dar Estefan Punongbayan, Albert Louis Raqueno, Oliver Richard Robillos, Julius Rocas, Juan Miguel Severo, Ma. Gia Grace Sison.
They are represented by lawyer Rodel Taton.
Image credits: Aerous
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