Online journalists, bloggers, other internet users, written
and broadcast media people and ordinary Filipinos are up in arms against RA
10175 known as Cybercrime Prevention Act which was signed into law by President
Benigno Aquino III on September 12, 2012 and is to take effect on October 3, 2012.
The Cybercrime Prevention Act empowers the government in the
implementation of laws against people using cyberspace to commit offenses such
as child pornography, cyber sex, human trafficking, identify theft, hacking,
spamming, and other crimes.
But RA 10175 was received with concerns and apprehensions by
some people because of some controversial provisions. A crime punishable under
the Philippine Revised Penal Code if committed with the use of information and
communication technologies shall have a penalty one degree higher than that
provided by that code. For example, libel committed in the internet is fined one
million pesos or US $24,000 and a maximum of twelve years imprisonment. On the
other hand a libel committed through the traditional media is punishable by six
years imprisonment and a fine of only six thousand pesos. A person is also
liable for other crimes under the Revised Penal Code in addition to the one he commits
in violations of RA 10175. Under section 19 of the act the Secretary of Justice
if he or she finds prima facie evidence on violation of RA 10175 can issue
order to block access to computer data or take down websites of suspected
offenders.
Several persons filed petition to the Supreme Court to
declare some provisions of RA 10175 as unconstitutional and need to be scrapped
or amended. Some of the petitioners included Senator Teofisto Guingona lll who
did not sign for the passage of the law and Professor Harry Roque of the
University of the Philippines College of Law.
The New York based “Human Rights Watch” also urged the Philippine government
to repeal or replace the Cybercrime Prevention Act.
Senator Teofisto Guingona III and other petitioners said that
some provisions of RA 10175 are discriminatory and may result in the
infringement of the fundamental rights of individuals under the constitution such
as freedom expressions, privacy of communications, due process and the laws on
double jeopardy. The petitioners also argued that some of the provisions such
as the crime of libel are vague and may result to misinterpretations. The petitioners stated that mere posting on
tweeter or making comments on blogs and posts in social media such as Face book
may send an internet user to 12 years in jail. Guingona asked the Supreme Court
to issue a Temporary Restraining Order (TRO) on the implementation of the
controversial provisions until the issues have been decided.
Related to the signing of RA 10175 some of the government and
private-owned websites such as Bangko
Sentral ng Pilipinas, Metro Manila Sewerage System, American Chamber of Commerce
Philippines Incorporated and others were hacked. A group called “Anonymous
Philippines” claimed responsibility for the act.
Senator Edgardo Angara author of RA 10175 defended the law
saying that the internet has become a wild frontier where no due process is
afforded to victim of legitimate internet-related crimes. MalacaƱang on its part defended its signing
saying that the bill passed several long deliberations in both houses of congress
before it was submitted to the office of the president.
Except for the controversial provisions especially on libel,
RA 10175 is designed to conform to the standard of international cyberspace
laws. Majority floor leader Senator Vicente Sotto III admitted inserting some
of the controversial provisions. It is
ironic that the passage of RA 10175 comes at a time when the international trend
is to decriminalize libel. Some people
regarded some of its provisions as a step backward in upholding freedom of
expression.
Surprised by the negative public reaction to the law, some senators
especially Sen. Francis Escudero, who authors a pending bill decriminalizing
libel, made statement that he committed an oversight when he indorsed the approval
of the controversial law in the senate. Escudero along with Senator Alan Peter
Cayetano adopt a joint resolution that will postpone the implementation of the
controversial law otherwise it becomes effective and enforceable.
Internet users who post blogs, articles, videos, comments or
other form of communication should exercise responsibility in doing it
especially if their posts are defamatory or critical to other people or if they
are against public decency or morals. Offensive posts might cause trouble to
their authors later. Freedom of expression is not absolute, but it is one of
our most precious freedoms. “I may not agree with what you say, but I will
fight to the death your right to say it,” Voltaire, the French enlightenment
writer said.
Related topics:
Facebook, a Platform to Exercise the Right to Freedom of Opinion and Expression
Commenting on Online News and Articles
The Internet Is Mightier Than the Sword
Related topics:
Facebook, a Platform to Exercise the Right to Freedom of Opinion and Expression
Commenting on Online News and Articles
The Internet Is Mightier Than the Sword
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