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Does Kiko Barzaga’s Suspension Violate Free Speech or Punish a Troll?

The Cavite representative faces a 60-day suspension for social media posts that some call reckless, but others defend as free speech

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Congressman Kiko Barzaga was present at the House of Representatives session when the majority voted in favor of his suspension. Screenshot from House of Representatives of the Philippines/Facebook

Cavite Fourth District Representative Francisco “Kiko” Barzaga has been slapped with a 60-day suspension without pay by the House of Representatives for his “reckless, offensive, and irresponsible” Facebook posts. While some lawmakers have defended him as exercising free speech, others say his online activity often mirrors that of a provocateur, aimed more at stirring reactions than fostering debate.

On Monday, December 1, 249 House members voted to suspend Barzaga on the recommendation of the House Committee on Ethics and Privileges. The Committee found several of his posts to be in violation of the Rules of the House of Representatives, specifically the rule stating that “a member shall act at all times in a manner that shall reflect creditably on the House,” and the Code of Conduct and Ethical Standards for Public Officials and Employees.

The Code of Conduct states that “any violation proven in a proper administrative proceeding shall be sufficient cause for removal or dismissal of a public official or employee, even if no criminal prosecution is instituted against him.”

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But some legislators believe the suspension to be unfair for the 27-year-old congressman. In his speech, Kamanggagawa Rep. Eli San Fernando said that the House’s ethical standards “should not work to stifle free speech and debate.”

SAGIP Rep. Paolo Henry Marcoleta also gave a dissenting speech on Monday. “The independence of the legislature ensures that members may speak fully, frankly, and fearlessly on matters of public interest,” he said. “Honorable Barzaga’s statements directed at corruption within the government falls [sic] within the fullest and most urgent category of political expression. To penalize him for raising concerns on corruption, which the Constitution itself mandates Congress to check, is to subject the very principle of parliamentary privilege.”

The three other congressmen who voted against the suspension are Bagong Henerasyon Rep. Roberto Nazal Jr., Quezon City Fourth District Rep. Bong Suntay, and Batangas First District Rep. Leandro Legarda Leviste.

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4Ps Representative JC Abalos, serving as the House Ethics chairman, reads the committee’s report on Barzaga’s social media posts. Screenshot from House of Representatives of the Philippines/Facebook

San Fernando and Marcoleta’s defense assumes that Barzaga’s posts were made in good faith. But outside the chamber, some political analysts argue that the neophyte lawmaker’s online behavior resembles that of a troll rather than a concerned public servant. Political strategist Alan German told Rappler that Barzaga’s posts — which frequently mock fellow politicians — are “doing a tango with fake news,” adding that “the very foundation of his posting is to get a reaction, not to convert. Just to agitate, to stir the pot.”

The House ethics committee acted on a complaint filed by the National Unity Party (NUP) for social media posts that were “potentially” seditious, lewd, and reflected an “ostentatious display of wealth.” According to Inquirer, NUP Chairman Ronaldo Puno had clarified that the party was not after Barzaga for being anti-administration but because his posts were misleading and trivialized issues in Congress.

In his speech, Ethics Chair JC Abalos said, “The committee finds that the actions of Rep. Barzaga imposing incendiary social media content on his Facebook accounts and retaining and failing to remove publicly-viewable inappropriate and indecent photos to be unparliamentary and unbecoming of a House member.”

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Barzaga is also currently facing a criminal complaint from the Criminal Investigation and Detection Group for inciting sedition at the Forbes Park rally in October.

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