Dear Atty. Angela,

I work in the media and public relations department of a city mayor. We have serious concerns about certain groups that spread fake news and false online attacks against our mayor and these people are known to be paid trolls. They create confusion and manipulate public opinion to mislead and promote dissent. We intend to report them so they be invited to a Congressional hearing but is this not a violation of their Constitutional right to free speech? We hope to be enlightened.

Mona

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Dear Mona,

Article III, Section 4 of the Constitution guarantees freedom of speech, expression and of the press, as well as the right to peacefully assemble and petition the government. It guarantees that no law can be passed that infringes upon these freedoms, which are considered essential for a democratic society.

These rights have two aspects: freedom from prior restraint or what is called government censorship, and freedom from subsequent punishment. While these rights may be restricted, any regulation must be aligned with legitimate objectives.

In the case of Abines, Jr., et al v. House of Representatives, G.R. No. 278101 (8 July 2025), the Supreme Court ruled that “Congress cannot be prevented from inviting resource persons to legislative inquiries just because the topic involves speech. Congress has the power to enact laws penalizing forms of speech that are not protected under the Constitution, such as those that create disorder or threaten society.”

The SC also emphasized that Congress has broad authority to regulate matters for the common good. In this case, the House acted within its power when it conducted an inquiry to find ways to address the spread of false or misleading information, which can undermine public trust and threaten social stability.

However, this power to conduct inquiries is not unlimited. It must be in aid of legislation, held in accordance with Congress’ rules of procedure. Thus, while Congress has the power to invite these troll vloggers to attend hearing with the goal of preventing unregulated spread of fake news that will degrade trust and threaten social stability, it must be done within the bounds of law, upholding freedom of speech and expression that will push for transparency and accountability.

Atty. Angela Antonio