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Freedom of expression is a fundamental human right. It reinforces all other human rights, allowing society to develop and progress. The ability to freely express and voice our opinions is critical for bringing about social change.

As the UN Human Rights Committee has said: “The right to freedom of expression is of paramount importance in any democratic society.” (Tae-Hoon Park v. Republic of Korea, 20 October 1998, Communication No. 628/1995, para. 10.3)

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Social network websites play a major role in social life and politics across the globe, shaping how individuals interact with each other and how political movements organize and communicate with the public at large.

Social network websites have served as relatively open and free forums for speech; they face a number of external and internal pressures to censor content.

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1. "the concept of the inherent human right to voice one's opinion publicly without fear of censorship or punishment” (studymoose.com)

2. “constitutes one of the essential foundations of a democratic society and one of the basic conditions for its progress and for each individual’s self-fulfillment” (slideshare.net/gcundiff/freedom-of-speech-expression)

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1. “the practice of limiting access to information, ideas or books in order to prevent knowledge or freedom of thought” (yourdictionary.com)

2. “the suppression of words, images, or ideas that are "offensive," happens whenever some people succeed in imposing their personal political or moral values on others” (aclu.org)

"official prohibition or restriction of any type of expression believed to threaten the political, social, or moral order. It may be imposed by governmental authority, local or national, by a religious body, or occasionally by a powerful private group” (The Columbia Encyclopedia, Sixth Edition. 2001)

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The Potential Effects of Censorship on Users of Social Network Websites

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The Potential Effects of Censorship on Users of Social Network Websites

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Individual speakers whose messages have been censored on a dominant social network website may lack a meaningful alternative venue for their communications.

When the operator of a social network censors the communications of a user or group representing such a node, it could have a devastating impact on a particular message or form of communication.

Saying something on a political subject in anything other than a private message on a social network website necessarily involves exposing one’s views to other people.

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Discriminatory behaviours that occur ‘off-line’ in everyday life, also occur ‘online’. The Commission’s statutory responsibilities regarding discrimination and protection of human rights have required the Commission to focus on behaviours involving the Internet such as cyber-bullying and online racism, sexism/sexual harassment and homophobia.

Free expression online is under unprecedented strain. More governments arrested users for nonviolent political, social, or religious speech than ever before. Officials suspended internet access in at least 20 countries, and 21 states blocked access to social media platforms. Authorities in at least 45 countries are suspected of obtaining sophisticated spyware or data-extraction technology from private vendors.

Mostly, censorship is practiced by Governments; it violates individual rights, hides useful information, and limits freedom of speech.

Troubling global trend of governments where they unjustifiably restrict freedom of expression, specifically targeting journalists, protesters, and other people perceived to be dissenting from government views.

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sailor moon but she’s a lofi girl by kitteani on DeviantArt

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Children gaining easy access to sexual, hate, and other potentially harmful materials on the Internet has become a troubling constitutional rights issue. From the get go, internet users have encouraged free expression and an attitude of "anything goes." But since the mid-1990s, more and more children are going online at home, at school, and at public libraries. Some of these kids are finding things that their parents, teachers, and librarians would never think of giving them in print or other media

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Social Media / Media Outlets in the Philippines

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Social Media / Media Outlets in the Philippines

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ABS-CBN shutdown

Duterte has accused ABS-CBN of bias, including favoring a political opponent in the 2016 election, and had earlier warned that he would not allow the renewal of its franchise.

The president’s critics say he has gone after media outlets that closely documented his drug war, which has left thousands of people dead since he took office in 2016.

Anti-Terrorist Law

The law allows suspects to be detained without a judicial warrant of arrest for 14 days and can be extended by 10 more days, and placed under surveillance for 60 days, that can also be extended by up to 30 days, by the police or military.

Not only is the law broad enough to permit the detention of people for social media posts critical of the government, it also makes it a criminal offense to ‘incite others’ to commit terrorism through ‘speeches, proclamations, writings, emblems, banners,’ further restricting freedom of expression and the media.

This builds on existing cases of arrests for social media posts made during the pandemic, blatant attacks on the right to freedom of expression, as well as red-tagging of civilians and activists.

It violates the People Power Constitution, where it is guaranteed in Article III (Bill of Rights), Section 4 that: “No law shall be passed abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and petition the Government for redress of grievances.”

“In our petition before the Supreme Court, we offer three hypothetical examples to demonstrate the constitutionally impermissible vagueness of the Anti-Terrorism Act. First, a concerned citizen’s call on social media to boycott the companies of the President’s crony; second, a teacher’s appeal on Facebook to people who are going hungry, to gather at the local gym where relief goods are stocked; third, a worker’s criticism of the President’s incoherent ramblings on TV. Hypothetical examples, but wrenched from everyday Philippine reality.”

“We ask the Court: Will these examples be classified as incitements to terrorism under the new law?”

Red-tagging

“Red-tagging” constricts further the increasingly diminished democratic space in the Philippines, where activists, rights lawyers, journalists, and even ordinary Filipinos on social media are under threat.

As both a government spokesman for an anti-communist task force and commander of the military’s Southern Luzon Command, Lt. Gen. Antonio Parlade has in recent months been on a “red-tagging” spree, publicly accusing leftist activists but also journalists and celebrities of being either members or supporters of the New People’s Army communist insurgency.

President Rodrigo Duterte has frequently used “red tagging” to attack leftist critics of his administration. In November, Duterte singled out Congressman Carlos Zarate as a communist. In previous public statements, other Duterte administration officials likewise “red-tagged” their critics.

Marcos Regime

through Presidential Proclamation No. 1081. Under the Proclamation, mass media personnel were listed as supporters of communism who should be arrested. Among the other reasons put forward for the adoption of the Proclamation was that the media had abused its relative freedom.

all media facilities were closed and leading journalists were arrested.

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While freedom of expression is not something we own, in the sense of property, we can still usefully think of it as a complex right, or a cluster of rights, according to Hohfeld’s system. (John Nery in his article, “Heartbeat of Opinion” Rethinking Freedom of Expression)

Freedom of expression is a privilege-right, a liberty: I use it, for instance, when I express an opinion: Say, that Health Secretary Francisco Duque III must resign. By what right can I say that? By my freedom of expression, understood as a privilege. (John Nery in his article, “Heartbeat of Opinion” Rethinking Freedom of Expression)

As speech in our streets, on our sidewalks, and within our parks increasingly becomes eclipsed in importance by that on social network websites, one cannot help but be troubled by the lack of constitutional protections that communications on social network websites may face as a consequence of the state action doctrine.

But if courts are willing to take a fresh perspective on the public function exception to the state action doctrine in light of the strong arguments for extending First Amendment protections to communications on social network websites, perhaps the fears expressed in this article can be converted into brighter hopes for the future of online speech.

Freedom of speech is the right to speak without censorship or limitation by the government and without having to fear that there will be any action taken against them. Restrictions must not be based on a certain tradition or religion and must not discriminate against anyone living in a particular country. Your opinion matters. You have the right to express your viewpoints, publish knowledge, and advocate for a better world. You also have the right to agree or disagree with those in power, and to speak your mind in peaceful protests.

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