The newly passed cybercrime law that could see people sentenced to 12 years in jail for posting defamatory comments on Facebook or Twitter is generating outrage among Netizens and rights groups.
The stated aim of Republic Act (RA) 10175, or the Cybercrime Prevention Act of 2012, is to fight online pornography, hacking, identity theft and spamming in the country amid police complaints they lack the legal tools to stamp out Internet crime.
But it also includes a blanket provision that puts the country’s criminal libel law into force in cyberspace, except that the penalties for Internet defamation are much tougher compared with old media.
It also allows authorities to collect data from personal user accounts on social media and listen in on voice/video applications, such as Skype, without a warrant.
Teenagers unwarily retweeting or re-posting libellous material on social media could bear the full force of the law, according to Noemi Dado, a prominent Manila blogger who edits a citizen media site called Blog Watch.
“Not everyone is an expert on what constitutes libel. Imagine a mother like me, or teenagers and
kids who love to rant. It really hits our freedoms,” Dado told Agence France Presse.
Compounding the concerns, those teenagers or anyone else who posts a libelous comment faces a maximum prison term of 12 years and a fine of P1 million.
Meanwhile, newspaper editors and other trained professionals in traditional media face prison terms of just four years and fines of P6,000.
While harsh criminal libel legislation remains in force in other parts of Asia, Dado said the law sent the wrong signal in a country that overthrew the military-backed Ferdinand Marcos dictatorship just 26 years ago.
Dado, a lawyer’s wife known in the local online community as the “momblogger,” is among a group of bloggers and other critics of the libel element of the cybercrime law campaigning for it to be repealed.
Brad Adams, Asia director for New York-based Human Rights Watch, said the law was having a chilling effect in the Philippines, which has one of the world’s highest per capita rates of Facebook and Twitter users.
“Anybody using popular social networks or who publishes online is now at risk of a long prison term should a reader — including government officials — bring a libel charge,” Adams said.
About a third of the Philippines’ nearly 100 million people use the Internet, with 96 percent them on Facebook, according to industry figures.
Five petitions claiming the law is unconstitutional have been filed with the Supreme Court.
Sen. Teofisto Guingona, the lone opponent when the bill was voted on in the Senate, has filed one of the petitions to the Supreme Court.
“Without a clear definition of the crime of libel and the persons liable, virtually any person can now be charged with a crime — even if you just re-tweet or comment on an online update or blog post,” Guingona told the court.
“The questioned provisions... throw us back to the Dark Ages.”
The five petitions all say the law infringes on freedom of expression, due process, equal protection and privacy of communication.
University of the Philippines law professor Harry Roque, who filed one of the petitions, said the Philippines was one of a shrinking number of countries where defamation remained a crime punishable by prison.
Part of the penal code that was drawn up 82 years ago, it goes against the trend in many advanced democracies such as the United States and Britain where defamation is now punished with fines rather than imprisonment, Roque said.
Amid the public backlash, some of the senators who voted for the cybercime law have started to disassociate themselves from it, even claiming they did not read the provision on libel.
But presidential spokesman Edwin Lacierda has defended the cybercrime law.
“The Cybercrime Act sought to attach responsibilities in cyberspace.... freedom of expression is always recognized but freedom of expression is not absolute,” he said. AFP
Cybercrime law draws outrage among netizens
- Written by Tribune
- Sunday, 30 September 2012 00:00
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Eto sayo
kupal Tuesday, 02 October 2012 14:39 Comment Link
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Eto sayo
kupal Tuesday, 02 October 2012 14:39 Comment Link
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Election is near. Politicians do not want to be blamed for their wrongdoings sice they have seen how blogging and social networking can even throw out strong governments by commenting and publishing their wrongdoings.
Sen TacAn Monday, 01 October 2012 12:02 Comment Link
So, they drafted a law to "fight cybercrime" and inserted provisions which make RP more cnsuring and neglecting any freedom and privacy than in former communist cou or existing dictatorial countries. Really a "straight path" to a one party, one dictator administration. Compared to the penalties, martial law was just a kindergarten rule. Typical for the real purpose of this law are the doubled penalty for "libel" and the creating a total screening and searching even of private communication which violates not only the RP constitutiona; rights of people but also the matching rules of the United Nations. RP is a democratic country, but with a very special "Aquino democracy".
It seems that if they are the ones throwing trash at people which they regard as enemies, does not become defamatory, libelous and slanderous statements.
Odonell Monday, 01 October 2012 10:21 Comment Link
But once this same treatment are thrown back their way, do they feel slighted and insulted, these degenerates personifies the word 'balat sibuyas'.
If there is a need to have a moral and matured society, then they (politicians and lawmakers) should behave and act like civilized human being, not to pretend like one.
WHY ANTI-CYBERCRIME LAW UNCONSTITUTIONAL AND ILLEGAL:
Randy Sunday, 30 September 2012 11:42 Comment Link
Nothing can hinder any motion to go into a stall now that the crooked path of PNOY straighten up anew by the fumbling ANTI-CYBERCRIME law courtesy of
the learned Senator Escudero: His pointless and worthless job, of enacting an ANTI-CYBER Bill into law which in effect reflects his stupidity regarding the existing 1987 PHILIPPINE CONSTITUTION Article III BILL OF RIGHTS Section 4. No law shall be passed abridging the freedom of speech, of expression, of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.
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