SOCIAL media may be censured when needed in Mindanao as part of the martial law guidelines still being crafted by the military, the Armed Forces spokesman Brig. General Restituto Padilla said.
While there are no guidelines yet on the possible censorship, Padilla assured the public the military will uphold civilian rights and will only be “harsh” against those committing rebellion or invasion.
“The AFP has not recommended the suspension of the freedom of expression, but will exercise the right to censure based on the following: 1. To ensure the safety of lives; 2. To ensure operational security and the safety of our men in uniform who are fighting; and for other national security considerations,” the spokesman said.
“It will cover social media. The reason these guidelines have to be set is because of the things that we have been seeing in the operational environment,” he added.
The Defense memo also precluded warrantless arrests, a possibility that has worried rights advocates after it was floated by government officials soon after the President declared the region under martial law.
“Any arrest, search and seizure executed or implemented in the area or place where Martial Law is effective, including the filing of charges, should comply with the Revised Rules of Court and applicable jurisprudence,” it said.
With the suspension of the writ of habeas corpus under the declaration of martial law in Mindanao, Department of the Interior and Local Government Officer-in-Charge Catalino Cuy told the police and all DILG units to “observe the rule of law and ensure the observance of human rights in the region.”
Any arrest, search and seizure done in areas where martial law is effective “should comply with existing laws, rules and regulations, notably the Constitution and the Revised Rules of Court,” Cuy stressed.
He also said the suspension of the writ applies only to a person judicially charged for rebellion or invasion, and such person must be charged within three days; outside of that, habeas corpus–the rule that a person must be physically presented to a court of law for trial–must persist. The proclamation of Martial Law also does not affect the right to post bail, Cuy added.
“Everyone is enjoined to adhere and support the purpose and reasons for the proclamation of Martial Law and suspension of the privilege of the writ in Mindanao, bearing into consideration that this was done to restore and maintain peace and order in the areas covered,” he said.
As for the possible censorship of social media, the AFP’s Padilla noted that under the country’s Bill of Rights, the privacy of communication and correspondence shall be inviolable, except upon lawful order of the court, or when public safety or order requires otherwise as prescribed by the law.
Padilla stressed there has been a “tremendous disinformation” campaign over social media that “does not allow a better operational picture or provide a better operational picture of the battlefield.”
“This early, we’re appealing to the public to exercise their common sense. If you know that what you’re posting does harm and does not help, don’t post it. You might just find the police knocking on your door to arrest you,” he added.
Amid fears of abuse during military rule in Mindanao, Padilla repeatedly assured the public that law-abiding citizens have nothing to fear, especially as the AFP today is different from the AFP of the past, referring to the military that implemented martial rule under the Marcos regime.
“The greater interest of the public is at the heart of the implementation of martial law and the Armed Forces will clearly go by all the guidelines that will be issued,” he said.
“On accounts of doubts expressed by many quarters, we also appeal to the public, that should you see abuses in the implementation of martial law, we encourage you to report them and on our part, we will provide you a swift probe and quick action to ensure accountability,” he added.
President Rodrigo Duterte placed Mindanao under martial law pursuant to Section 18, Article VII of the 1987 Philippine Constitution following the violent attacks in Marawi City.
Under the Constitution, martial law may only be in place for a maximum of 60 days, and may be extended only upon the approval of Congress, which is dominated by Duterte’s allies.
