The law that never was
The enrolled version of Senate Bill No. 2395 and House Bill 5793, which would have become the law mandating the registration of all SIM cards and social media accounts, never saw a day in the statute books.
President Rodrigo Duterte vetoed the bill because he was concerned that the provision requiring registration of social media accounts may lead to “dangerous state intrusion and surveillance, threatening many constitutionally protected rights.”
Duterte’s veto was a victory for defenders of the right to privacy but a big blow to the growing fight against trolls and fake news.The justification for the veto raises the eyebrows of those who have experienced red-tagging by the present administration.
The timing of the veto is also highly suspicious, especially now that a few days are left before the May 9, 2022 elections. Even before the start of the campaign period, social media and mobile networks have become the staging platforms for fake news and disinformation. The Duterte administration would have been credited for being the first to use the strong arm of the new law had the President not vetoed the bill.
The veto shows that the current administration does not intend to use the supposed good intention of the legislation for fear that it may be violating constitutionally protected rights.
There is always a tendency that laws may be used as a weapon to target the political opponents of any sitting administration. But, is it not that there are parameters under the Constitution and under the law that can prevent or limit any possible abuse of governmental powers?
The reason for the veto confirms what is obvious from the very beginning that the government can intrude into every citizen’s private affairs. The only borderline that separates legal from illegal intrusion lies in the conscience of those in power.