The Philippine Supreme Court issues a Temporary Restraining
Order on Republic Act 10175 suspending the implementation of the law for 120
days until some of the controversial issues are resolved. Relative to the TRO,
a total of 15 petitions have been filed in the Supreme Court. The petitioners
stated that the law violated people’s constitutional rights on freedom of
speech, equal protection of the law, right to privacy, illegal searches and
seizures and double jeopardy.
RA 10175 received protests and criticism from different
sectors because of provisions giving power to the Secretary of Justice to block
access to computer data even without a court order when there is prima facie
evidence that the law is violated. Another controversial provision is the
inclusion of libel which gives the offender one degree higher punishment than those
who commit it through the traditional media. Libel is already covered by the
Revised Penal Code of the Philippines.
Senator Edgardo Angara, the principal sponsor of the bill
that becomes the law defended his position on the libel provision saying that online
libel is given harsher penalty because of the speed of publication in the
internet, and that online information covers a much larger area with just a
click of a mouse than one that is published in the traditional media. However, the probability is that outside the
Philippines, except perhaps for the President of the Philippines and Manny
Pacquiao and few others, the names of politicians who could be the subject of
libelous posts might not ring a bell to other nationalities. People from other
countries will most likely not click on posts they come across which contain names
of people they do not know. Posts on Justin Bieber or on phenomena like flood,
tsunami will by far get more views than those about wrongdoings by local
Philippine politicians. Articles on local Philippine public officials that are in
the internet will be most likely confined to viewers who are Filipinos or
Filipinos living abroad.
In this contemporary time, people are living in a high tech
world. They could transmit communications such as letters, news and videos in
the internet that could reach the far corners of the world in real time. For this reason, newspapers and other
publications are disseminated both online and the traditional media. Even local
newspapers which only a decade ago were available only in hard copies have now
their online version.
The internet is a molder of public opinion in this present
day and age. The spread of the Arab Spring revolution was in a way facilitated by
the users’ posts on Facebook and Twitter. In the Philippines, online newspaper
commenters, bloggers and Facebook and Twitter users helped fan the negative
sentiments against former chief Justice Renato Corona so that he became a very
unpopular public figure during the height of his impeachment proceedings. It
cannot be said though that the senators were influenced by public opinion when
they rendered their guilty verdict on him.
President Aquino has for his slogan “matuwid na daan” or the
straight path. And one of the advocacies of his government is to eliminate or
minimize graft and corruption. The internet can be one of his effective
platforms to convey his message or carry out his endeavors. Excesses and
corruption committed by public officials can be dealt with by exposing them
through the internet.
It is a good thing that the Supreme Court has issued a
Temporary Restraining Order on the controversial Cybercrime Prevention Act
which is enacted at a time when the international trend is to decriminalize
libel. Although people should be held accountable for doing irresponsible acts
online, their freedom of expression should be upheld. The showing of the
controversial YouTube video “Innocence of Muslims” caused destruction of
properties and lives of Americans including that of Ambassador J. Christopher Stevens. However, the US
government did not force YouTube to take the offensive video off the internet
because of the people’s right to freedom of expression and opinion.
Legislators should heed the lawful and reasonable demand of
the people especially if it involves the latter’s rights and freedoms that are
provided for in the constitution. The lawmakers are after all the servants and
representative of the people who should perform their duties according to the
people’s will. The people, after all, have the final say on the elective
officials’ retention in office or their dismissal from it.
Related post:
Hats off to these honorable members of the Supreme Court. A big relief for us.
ReplyDeleteIndeed. I'm glad that The SC justices issued a TRO.
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