Saligang Batas ang basehan! Ping says Constitution to be guide on whether to criminalize red-tagging

The 1987 Constitution will be the main guide on whether there is basis to criminalize “red-tagging,” Sen. Panfilo Lacson said Thursday.

Lacson said the bottom line for him and his staff in studying the matter would be that it would not violate the Charter.

“We will study and consider the matter, but the bottom line is that such a move will not violate our Constitution,” he said in an interview on DZAR radio.

Lacson chairs the Senate defense committee, which concluded last Tuesday a series of hearing on red-tagging and red-baiting.

During the hearing, he noted, at least two resource persons had pushed the criminalization of red-tagging – dean Antonio La Vina and Commission on Human Rights Commissioner Dumpit.

But he said that while he cannot dismiss or endorse this outright, he will have to determine if criminalizing red-tagging would violate the Charter.

“One major issue to be addressed if we are to criminalize red-tagging or red-baiting is if it will infringe on our Constitution’s provision ensuring freedom of expression and freedom of speech. This is a basic right that cannot be violated. That said, there are opposing views that such freedom is not absolute – that is why we have laws penalizing libel and cyber-libel,” he said.

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