After the passage of an ordinance by the city council in Mabalacat City, Pampanga, Roblox is now banned in all computer shops in the city. As per Vice Mayor Jun Castro, the new ordinance is intended to keep students from the violence shown on the gaming platform.
As reported by One Balita Central Luzon, the vice mayor pressed for stronger parental and teacher supervision of students. He urged increased monitoring of young individuals after several reports of bullying and violence incidents were recorded in schools.
With the banning of the gaming platform in the city, University of the Philippines College of Law professor Oliver Reyes expressed his thoughts on the matter in a Facebook post, saying that users could challenge the government's bans on games and platforms.
He said operators could claim direct injury to establish standing, mount a facial challenge, and choose to assert third-party standing on behalf of their users, citing the White Light case.
Reyes further added that with the banning, the operators could claim direct injury to establish standing, file a facial challenge, or use a third-party standing on behalf of their users, referencing the White Light case.
He said that users could argue that the ban imposed restrains their freedom to express and communicate. However, for gamers, he questioned how the Philippine courts would categorize playing computer or online games.
As reported by One Balita Central Luzon, the vice mayor pressed for stronger parental and teacher supervision of students. He urged increased monitoring of young individuals after several reports of bullying and violence incidents were recorded in schools.
With the banning of the gaming platform in the city, University of the Philippines College of Law professor Oliver Reyes expressed his thoughts on the matter in a Facebook post, saying that users could challenge the government's bans on games and platforms.
“If an online game or platform is banned by a State actor, the operators of the game/platform can assert their constitutional right to expression has been inhibited,” Reyes wrote.
He said operators could claim direct injury to establish standing, mount a facial challenge, and choose to assert third-party standing on behalf of their users, citing the White Light case.
Reyes further added that with the banning, the operators could claim direct injury to establish standing, file a facial challenge, or use a third-party standing on behalf of their users, referencing the White Light case.
“But what if the platforms choose not to sue, or to invoke third party standing? What would be the nature of the right of affected users to sue?” he asked.
He said that users could argue that the ban imposed restrains their freedom to express and communicate. However, for gamers, he questioned how the Philippine courts would categorize playing computer or online games.
“Would PH courts be willing to recognize that playing computer/online games is a form of expression, thus granting them the requisite standing on the basis of direct injury to their fundamental constitutional rights?” he wrote.
“Or is it expressive conduct where the inhibition of expression is merely incidental, and thus warranting a content-neutral review? Or mere conduct?,” he added.
