NTF-ELCAC urges Congress to junk red-tagging bill

The National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) urged the House of Representatives on Friday to reconsider a proposed measure that seeks to criminalize red-tagging, warning that it could hinder legitimate government efforts to combat insurgency.

In a statement, the task force’s Legal Cooperation Cluster (LCC) expressed concern over House Bill 213, arguing that the measure could penalize constitutionally protected speech and lawful actions taken by public officials based on verified intelligence and testimonies from former insurgents.

“The NTF-ELCAC, through the LCC, therefore urges Congress to carefully reconsider House Bill No. 213,” the statement read. “Instead of introducing vague new offenses, we call for the strengthening of existing legal remedies and support for institutions that protect both national security and civil liberties.”

Red-tagging refers to the practice of publicly labeling individuals or organizations as linked to communist rebels or sympathizers of the Communist Party of the Philippines-New People's Army-National Democratic Front (CPP-NPA-NDF).

However, the task force said that the term “red-tagging” has no legal definition under Philippine law and is “often used in political discourse.”

“It has been repeatedly invoked by ideological groups seeking to cast doubt on legitimate government actions to expose organizations with established ties to the CPP-NPA-NDF,” the task force added.

The NTF-ELCAC said that without clear legal standards, the bill risks punishing constitutionally protected speech and creating a “chilling effect” on lawful disclosures, especially those based on verified intelligence and testimonies from former rebels.

“The term red-tagging remains undefined by law and jurisprudence. Its widespread use stems from ideological movements that seek to frustrate the government’s constitutionally mandated efforts to combat insurgency and terrorism,” it added.

By seeking to criminalize a term without statutory clarity or proof of actual harm, the task force said the bill invites abuse, misapplication, and political weaponization.

“Such an approach risks shielding genuine threat actors behind legal ambiguity while penalizing public servants for performing their sworn duties,” it said.

The NTF-ELCAC stressed that public officials are duty-bound to warn communities about real security threats.

“Criminalizing such disclosures weakens national security efforts and obstructs the government’s mandate to maintain peace and order,” the statement added.

In House Bill 213, party-list representatives Antonio Tinio of ACT and Raoul Manuel of Kabataan cited the Supreme Court's 2024 ruling that red-tagging poses “threats to a person's right to life, liberty, or security.”

“This judicial affirmation validates the lived experiences of activists and the long-held position of human rights advocates that red-tagging is a direct and credible threat that warrants decisive legislative action,” said the lawmakers.

The NTF-ELCAC, however, reiterated that public officials are mandated to warn the public, especially when recruitment and radicalization happen through front organizations disguised as advocacy groups.

“The NTF-ELCAC, through the LCC, therefore urges Congress to carefully reconsider H.B. No. 213. Instead of introducing vague new offenses, we call for the strengthening of existing legal remedies and support for institutions that protect both national security and civil liberties,” it concluded.