National Task Force to End Local Communist Armed Conflict spokesperson Lorraine Marie Badoy asked the Supreme Court yesterday to set aside its show cause order issued against her in connection with her social media post red-tagging a trial court judge.

Accompanied by international lawyer Harry Roque, Badoy said the contempt order infringes on her constitutional right to free speech being a former spokesperson for the Task Force.   Roque noted that Badoy is also a news commentator employed by the SMNI News Network.

"The use of contempt powers of the Supreme Court against a fair criticism by Dr. Badoy in her exercise of journalistic comment of an erroneous decision of a lower court judge constitutes punishment and thus infringes on her freedom of expression and freedom of the press," Roque said in a 47-page comment.

On 4 October, the SC in a resolution issued gave Badoy 30 days to explain why she should not be cited in contempt for red-tagging Manila Regional Trial Court Judge Marlo Magdoza-Malagar for denying the government's petition.

Roque explained that the social media statement of Badoy that Judge Malagar's refusal to proscribe the CPP-NPA as a terrorist group is wrong, involve "matters of public interest" and constitute fair comment consistent with the Court's pronouncements in Borjal vs Court of Appeals.

The SC also said in the same ruling that "if the comment is an expression of opinion, based on established facts, then it is immaterial that the opinion happens to be mistaken, as long as it might reasonably be inferred from the facts." In the said case, the SC held that "fair commentaries on matters of public interest are privileged and constitute a valid defense in an action for libel or slander."

Badoy's camp maintained that her comment is fair due to obvious errors in Judge's Malagar's resolution.

Furthermore, Roque said Badoy's social media comment did not contain incendiary language that breaches the clear and present danger rule that would warrant her punishment for indirect contempt.