Monday, January 21, 2008

blogging your way to free speech

Blogging indeed is a very effective medium to get your message beyond borders. The prevalence of internet use in the everyday lives of the people allows for the penetration of this media in every level of our society. Blogging is a means by which a person can write down anything ranging from various topics—from daily activities, reactions, comments, political views, to more or less anything that comes to mind. Each person has his own reason for blogging, be it an outlet to rant about a bad day, sharing of an anecdote or raving about a great experience, to expressing one’s views in the social as well as the political arena. The flow of information is limitless. As it is, content as to words on the internet remains uncensored. The internet remains to be a global domain and the role of law as to the regulation of information in cyberspace seems to be a hazy.

Such freedom of speech, like any other forms of expression is a right guaranteed under the Constitution. Art. III sec. 4 states that “ No law shall be passed abridging the freedom of speech, of expression xxx”. Such protection extends to any and all modes of expression. Posting online therefore is also constitutionally protected under this provision. Sharing your views in cyberspace is a legal right you can exercise.

Of course, such freedom like all rights, is subject to regulation. If a person posts a malicious article about someone else, then he may be criminally prosecuted for libel, coupled with a claim for damages. The more problematic area I guess would be when the entries involve political views or critiques to the incumbent administration. Would the government limit the bloggers rights in expressing their thoughts on the ground of national security or justify interference with police power? Should the blogger be indicted for the crime of sedition of be prosecuted under the Human Securities Act?

Blogging can be an effective mechanism of checking the effectiveness of the government as the comments can be taken as constructive criticism. The people should feel free to comment on the government’s actions as being constituents of this state. Bloggers rights in expressing their views should be protected under the freedom of speech, and the balancing of interest doctrine should be construed liberally in favor of the blogger.

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