MANILA - A constitutional expert is pushing to criminalize red tagging, saying the act creates a clear and present danger to those being linked to the communist movement.

"The legal basis is quite obvious that you are harming people when you are red-baiting or red-tagging. It's not the speech that's being punished but what the speech does," former Ateneo School of Government dean Antonio Laviña told ANC.

"So it's akin to libel. It's akin to slander where there are consequences. In this case, the consequences is not to your reputation but the consequences is actually to your life and it's even more serious than libel," he added.

• 'Terrorism in its worst form': Constitutionalist urges Senate to criminalize red tagging

In a Senate hearing last week on rampant red-tagging activities of state forces against government critics and activists, La Viña said the act was "terrorism in its worst form."

He is the legal counsel of Kabataan party-list members who were accused of being involved in the insurgency movement.

Red baiting, as defined by Supreme Court Associate Justice Marvic Leonen in 2011, refers to "the act of labelling, branding, naming and accusing individuals and/ or organizations of being left-leaning, subversives, communists or terrorists (used as) a strategy...by State agents, particularly law enforcement agencies and the military, against those perceived to be 'threats' or 'enemies of the State.'"

La Viña warned that baseless linking of individuals and groups to the armed insurgency had become harmful because it is amplified through social media.

"Red-tagging creates a clear and present danger to people," he said, adding that freedom of speech doesn't apply because government officials should be held accountable for what they say.

"You can't accuse people without evidence or proof... You can't say something which have no basis," La Viña added.

• Duterte 'laughed' at proposal to criminalize red tagging: Sotto

Last week, Senate President Tito Sotto III said President Rodrigo Duterte "laughed" at such proposal.

"It's crazy! It’s like criminalizing name-calling. What about those called fascist? Narcissist? Is that not allowed? What about those called yellow? Should that be disallowed too?" he said.

But other senators, including Senate Committee on National Defense chair Panfilo Lacson, said the proposal was worth looking into.

"As a matter of fact, I am seriously considering the recommendation to criminalize red tagging as long as such legislation will not infringe on the bill of rights involving freedom of speech and expression," he said.

• CHR warns gov't: Red-tagging endangers lives

The Commission on Human Rights (CHR) had warned government officials of red-tagging individuals because it endangers lives.

The agency said there must be a delineation between those who think different against government and those who have taken up arms against government.

It made the remark after the President alleged opposition lawmakers as "legal fronts" of communist rebels.

• 'We are identifying you as communists': Duterte blasts Makabayan bloc lawmakers

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