No violation of right to free speech on Congress' inquiry of vloggers—SC

The Supreme Court ruled that the right of free speech was not violated when Congress invited vloggers to an inquiry on the spread of fake news.

In a decision written by Associate Justice Amy C. Lazaro-Javier, the SC En Banc dismissed the petition filed by several vloggers to prohibit the House of Representatives from requiring them to attend legislative inquiries.

The SC argued that simply inviting vloggers as resource persons did not constitute a violation of freedom of expression.

"The invitation did not regulate what they said or how they expressed themselves. Congress, as part of its functions, only wanted to gather information for crafting laws, not to punish anyone for spreading “fake news” or to suppress speech," the decision read.

The SC also upheld Congress' right to enact laws penalizing forms of speech that are not constitutionally protected, like those that create disorder or threaten society. Furthermore, SC said that Congress cannot be prevented from inviting resource persons to legislative inquiries just because the topic involves speech. 

The highest court in the land noted that Surigao del Norte 2nd District Rep. Ace Barbers’ privilege speeches also did not violate the petitioners’ freedom of expression, as they were not meant to silence or punish anyone, but address the spread of misinformation and its harmful effects to society in his official capacity.

The court also pointed out that Congress has broad authority to regulate matters for the common good, and that the House acted within its power to deal with false or misleading information, which can undermine public trust and threaten social stability.

However, the SC emphasized that the power to conduct inquiries must be in aid of legislation, and done according to Congress' rules of procedure and respectful of the rights of resource persons and witnesses.

They also noted that some lawmakers’ questioning during the hearings was unduly harsh or demeaning.

The petitioners in the case include Mark Antony Lopez, Mary Jean Q. Reyes, Krizette Laureta Chu, as well as former press secretary Rose Beatrix L. Cruz-Angeles and former NTF-ELCAC spokesperson Lorraine Marie Badoy-Partosa, among others.