WILL SUCH LEGISLATION AND TREATY ADHERENCE, IF PURSUED, BE VIOLATIVE OF CONSTITUTIONAL RIGHTS ON FREE EXPRESSION AND PRIVACY?

WILL SUCH LEGISLATION AND TREATY ADHERENCE, IF PURSUED, BE VIOLATIVE OF CONSTITUTIONAL RIGHTS ON FREE EXPRESSION AND PRIVACY?

No, such legislation and treaty adherence will not be violative of constitutional rights on free expression and privacy. The passing of such bill into law is presumed to be in accordance with our constitution. Under the 1987 Constitution of the Philippines, Article III of Bill of Rights, Section 2 “The right of the people to be secure in their persons, houses, papers, and effect against unreasonable searches and seizure of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complaint and the witnesses he may produce, and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.” In this article, a person is protected from such unreasonable searches and seizures from any person even from the government if there is no right violated or illegal act done. This provision is applicable in cases where a person, by committing such acts or omissions, violated the rights of the others and such action by the government is done in due process. Hence, the creation of anti-piracy bill will not violate one’s right to privacy for a person is freely given the security from encroachment as long as his acts are done legally. If not, then he can be subjected to such consequences of his illegal acts.

Section 4 of the same article “No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the Government for redress of grievance.” This is not an absolute right for one’s act can be an exercise of his right but can be a violation to another. Hence, even if a person is validly exercising his lawful right to freedom of expression like that of copying and making on-line piracy but violates the rights of the owner, he is in violation of such articles.

Hence, the creation of such bill would not result to violation of expression and piracy for such bill only fortifies one’s right to that violators who circumvent laws just to pave their way through its malicious motive of gaining only for themselves.