Ex-DICT Usec moves to challenge government platform blocking before SC

• Courtesy of former Department of Information and Communications Technology Undersecretary Jeffrey Ian Dy

Former Department of Information and Communications Technology (DICT) Undersecretary Jeffrey Ian Dy is preparing to challenge before the Supreme Court the government’s power to unilaterally block online platforms, saying the issue now goes beyond Discord and could affect the rights and livelihoods of Filipinos who depend on the internet.

Dy said Thursday that he and his lawyer sent demand letters to the DICT, Cybercrime Investigation and Coordinating Center (CICC) and National Telecommunications Commission (NTC), asking the agencies to cease and desist from blocking Discord and from imposing similar restrictions on other online platforms without judicial authorization.

The move came even as the government ordered the lifting of the temporary Discord block following talks between the CICC and the platform Thursday.

Dy said the lifting of the Discord restriction does not resolve what he considers the broader legal issue surrounding the government’s authority to order online platforms blocked.

“This is no longer about Discord. This is already about our freedom on the internet, which for some of us brings food to the table,” Dy said.

The former DICT undersecretary said his lawyers are studying what legal action to bring before the Supreme Court, including the possibility of seeking certiorari or mandamus, to question government-ordered platform blocking.

Dy cited the Supreme Court’s 2014 ruling in Disini v. Secretary of Justice, which declared Section 19 of Republic Act 10175 or the Cybercrime Prevention Act unconstitutional. The provision would have allowed the Department of Justice to restrict or block access to computer data that it found prima facie in violation of the law.

Dy argued that the ruling raises constitutional questions over government agencies ordering telcos and internet service providers to block entire platforms without a court order.

He said he also met Thursday with representatives of BetterGov.PH, Democracy.Net.PH and members of the Philippine tech community who share concerns over government-ordered platform blocking and are considering possible legal action before the Supreme Court.

Dy said other civil society groups and tech communities are also studying possible petitions questioning what they view as government overreach in restricting access to online platforms.

He said the issue has implications for Filipino freelancers, virtual assistants, gig workers, developers, gamers, content creators and other internet-based workers and communities that rely on digital platforms for work, communication and collaboration.

“This drama has to stop especially when the economic and civil rights of people are being violated,” Dy said.

The controversy erupted after the government moved against Discord following concerns over the platform’s cooperation with Philippine authorities. The CICC subsequently met with Discord executives as discussions continued over online safety and cybercrime cooperation.

Dy maintained that regardless of the resolution of the Discord issue, the legal question over the government’s power to block digital platforms needs to be settled.

For Dy, the next battleground could be the Supreme Court.