Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO.

Introduced by Hon. MUJIV S. HATAMAN of the Lone District of Basilan and
Hon. AMIHILDA J. SANGCOPAN of Anak Mindanao (AMIN) Party-list

EXPLANATORY NOTE

The Christchurch mosque shooting in March 2019 and the El Paso shooting
in August 2019 are two of the most recent cases of hatred. Both gunmen of
the aforementioned shootings reportedly published racist and anti-immigrant
documents over social media accounts.

‘The increasing number of such attacks has raised new concerns about the
connection between inflammatory speech online and violent acts.

Hate speech is indeed a globally growing phenomenon. Whether it be in social
media platforms or in our everyday life-environment, the fear of the “other”
increases. The fear of another just because they are different on the basis of
ethnicity, race, and religion.

In the Philippines, a recent 2017 study published in the Association for
Psychological Science found that adolescents who spend more time on social
media are more likely to have mental health issues such as depression and
anxiety.

Thus, social media can magnify discord and on-line hatred speech can cause
post serious health issue as reported in the 2017 study.

The United Nations instruments and covenants, as adopted by the
Philippines, provided enough protection against racial and religious hatred.
The International Covenant on Civil and Political Rights, adopted in 1966,
provided:

“2. Any advocacy of national, racial or religious hatred that
constitutes incitement to discrimination, hostility or violence shall
be prohibited by law.” — Article 20, PART III

172 states, including the Philippines are parties to the Covenant. The
Philippines ratified the international instrument in 1986.


Further, the International Convention on the Elimination of All Forms of Racial
Discrimination, which Philippines is also a state-party, provides that as Member
States they pledged themselves to take joint and separate action, in co-operation
with the Organization to promote and encourage universal respect for and
observance of human rights and fundamental freedoms for all, without distinction as
to race, sex, language or religion.

As party-state thereto, the country is duty-bound to enforce the international
instruments through legislation of enabling laws locally. The 1987 Philippine
Constitution stressed:

ARTICLE I
Declaration of Principles and State Policies

“The Philippines renounces war as an instrument of national policy, adopts the
generally accepted principles of international law as part of the law of the land and
adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with
all nations.” ~ Section 2

In recognition of the foregoing, it is deemed necessary and appropriate to end the
unfortunate suffering of groups or individuals by reason of hatred on the basis of
their ethnicity or religion. The propose measure seeks to define, prohibit and
penalize hate speech in the country.

Immediate passage of the bill is earnestly sought.

S. HATAMAN HON. AMIH! -SANGCOPAN
ist¥ict of Basilan iv] irty-list


Republic of the Philippines
HOUSE OF REPRESENTATIVES

EIGHTEENTH CONGRESS
First Regular Session

672
HOUSE BILL NO..

Introduced by HON. MUJIV S. HATAMAN of the Lone District of Basilan and
HON. AMIHILDA J. SANGCOPAN of Anak Mindanao (AMIN) Party-list

AN ACT
DEFINING HATE SPEECH AND PROVIDING PENALTIES THEREFOR
Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Title. — This Act shall be known as the “Hate Speech Act”

SEC. 2. Declaration of Policy. — It is hereby declared the policy of the
states to define and punish acts constituting hate speech on the basis of ethnicity,

race and religion.

Section 11 of Article Il of the 1987 Constitution of the Republic of the Philippines
declares that the State values the dignity of every human, person and guarantees full
respect for human rights. With the 1987 Constitution Adopting generally accepted
principles of international law as part of the law of the land, the Philippines adheres
to international human rights laws and Conventions such as the Universal
Declaration of Human Rights, including theinternational Convenant on Civil and
Political Rights which proscribe under Article 20 (2) “any advocacy of national, racial

or religious hatred that Constitutes incitement to discrimination, hostility or violence


xx x.” Likewise, Article 4 and 4(a) of the International Convention on the Elimination
of all Forms of Racial Discrimination urge the State parties to “undertake to adopt
Immediate and positive measures designed to eradicate all incitement to, or Acts of
“racial hatred and discrimination in any form and “declare an offence Punishable by
law all dissemination of ideas based on racial superiority or Hatred, incitement to
racial discrimination, as well as all acts of violence or Incitement to such acts against

any race or group of persons of another colour or ethnic origin.”

The right to a remedy is itself guaranteed under existing human rights
Treaties and customary international law, being peremptory in character (jus

Cogens) and as such has been recognized as non-derogable.

SEC. 3. Hate Speech. - “Hate Speech’ refers to all forms of expressions that
discriminates against and actively incites hostility or foments violence against any

person or group of persons on the basis of ethnicity, race, and Religion.

SEC. 4. Acts Punishable. - Any person committing, consenting to or
allowing the commission of hate speech by means of any of the following shall Suffer

the penalty imposed by this Act:

A. Words, oral or in writing, or displays of behavior or depiction; or

B. Publication or distribution of written material to the public or through social

media, broadcasting or other forms of communication; or


C. Public performance of plays, shows, recordings of audio or visual Images.

SEC. 5. Penalty. — Any person liable under this Act shall be meted a Penalty

of imprisonment of six (6) months and (1) day to six (6) years.

SEC. 6. Separability Clause. - |f any provision of this Act shall be held
Invalid, the remainder of this Act not otherwise affected shall remain in full Force

effect.

SEC. 7. Effectivity Clause. — This Act shall take effect fifteen (15) days after

its complete publication in the Official Gazzette or in at least two (2) National

newspaper of general circulation.

Approved,