The Information Technology and E-commerce Council is in 2004 preparing a new Cybercrime Bill. The existing Sec 33. Penalties is no longer sufficient.
PHILIPPINES REPUBLIC ACT NO.8792
AN ACT PROVIDING FOR THE RECOGNITION AND USE OF ELECTRONIC COMMERCIAL AND NON-COMMERCIAL TRANSACTIONS, PENALTIES FOR UNLAWFUL USE THEREOF, AND OTHER PURPOSES
- The folowing Acts shall be penalized by fine and/or imprisonment, as follows:
Hacking or cracking which refers to unauthorized access into or interference in a computer system/server or information and communication system; or any access in order to corrupt, alter, steal or destroy using a computer or other similar information and communication devices, without the knowledge and consent of the owner of the computer or information and communications system, including the introduction of computer viruses and the like, resulting in the corruption, destruction, alteration, theft or loss of electronic data messages or electronic document shall be punished by a minimum fine of one hundred thousand pesos (P100,000.00) and a maximum commensurate to the damage incurred and a mandatory imprisonment of six (6) months to three (3) years.
(SPOT.ph) Cyberspace has become the platform of the best and worst things that people can come up with when they're online. While it's a hotbed of game-changing ideas and artistic expression, it has also turned into a breeding ground for trolls and cyberthugs. That being said, well-meaning Pinoy lawmakers thought it best to pass Republic Act No. 10175 or The Cybercrime Prevention Act of 2012. But, wait! There's a catch. This very same law that professes to protect us from those who would do us wrong via digital means also threatens to take away our freedom to say what we want.
Senator Tito Sotto proudly owned up to the fact that he was responsible for inserting the libel clause into the law. Senator Chiz Escudero called the insertion a "mistake" and has said that he'll move to have the law repealed. Meanwhile, Senator TG Guingona (along with the other senators who didn't back the law) continues to be against the law. For its part, Malacañang said President Noynoy Aquino thoroughly reviewed the law before he affixed his signature to it—a fact which strikes some people as strange. There are those who have remarked that if P-Noy's father, Ninoy, was still around, he probably be among those protesting what has come to be called as "cyber martial law."
For the record, the following senators voted to pass the law:
Sen. Tito Sotto
Sen. Bong Revilla
Sen. Manny Villar
Sen. Lito Lapid
Sen. Koko Pimentel
Sen. Jinggoy Estrada
Sen. Loren Legarda
Sen. Chiz Escudero
Sen. Ping Lacson
Sen. Gringo Honasan
Sen. Pia Cayetano
Sen. Bongbong Marcos
Sen. Ralph Recto
Sure, the law does have some good points, but its "nasty parts" can't be ignored. With the help of InterAksyon.com's series of articles about the Cybercrime Prevention Act—as well as news clips from GMA-7, ABS-CBN, and ANC—we have listed 10 of the law's scariest parts:
1. It only wants to hear nice things . If you're a law-abiding citizen who happens to use blogs, Facebook, and Twitter to let the world know about your beef against, say, certain elected officials who are far from being geniuses—then you've been living a lie. Under the Cybercrime Prevention Act, you're just like any other cybercriminal. Your tweet about the barangay captain who loves San Miguel more than his job? That could be classified as libel, which is defined in the Revised Penal Code as "the public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person..." Take note of the part where it says "real or imaginary." You're damned if you're lying and you're damned if you're telling the truth.
2. It champions the dead by asking the living to shut up. Under the Cybercrime Prevention Act, you would also be committing a crime if you "blacken the memory of one who is dead." So, what happens if the person who died was a criminal who molested kids, backed a law that resulted in thousands of people being tortured, or killed journalists—and you're documenting his or her evil deeds for a history book? Out of being nice, do you erase the "bad parts" of his or her life? The law says, if you can't say anything good, then you better not say anything at all. That's great for petty issues but not when we're talking about people who use their position to take advantage of defenseless individuals.
'likes', shares could be grounds for libel, says Sen. Guingona
3. It's so "special" that it hurts. In an InterAksyon.com article, News5 resource person Atty. Mel Sta. Maria—who teachers at the Ateneo de Manila University School of Law—pointed out that the Cybercrime Prevention Act is tagged as a mala prohibita law. Sta. Maria explained: "It is an accepted legal rule that offenses under special laws are considered mala prohibita as distinguished from mala in se. [For mala in se], there must be a criminal mind to be convicted. In murder, theft, robbery and other offenses punished by our Revised Penal Code, for example, intention to do wrong is an essential element. [For mala prohibita], there need not be a criminal mind. The mere perpetuation of the prohibited act is enough." So, even if you're kidding around by using somebody's name as a verb or noun to signify not-too-admirable acts (Noynoying, Sottomy, etc), you could get arrested.
4. It's a time traveler. In an InterAksyon.com article written by Patrick Villavicencio, University of the Philippines College of Law Professor Atty. JJ Disini said that under the Cybercrime Prevention Act of 2012 the so-called "victims" and their lawyers "could argue in court that old libelous posts [that are] still live today can be charged with online libel." The report further quoted Disini, who explained, "Kasi pwede nilang sabihin na (Because it could mean) by keeping it there today, you’re still publishing it now. So if you’re still publishing it after the law took effect, then you’re liable for its publication today." So, that scathing post about your ex that you put up way back in 2004? You could end up going to jail for that. It's an I Know What You Posted Several Summers Ago scenario.
5. It's outdated. An InterAksyon.com article, citing Human Rights Watch (HRW) Asia, noted: "The Philippines' libel law, enacted during the American colonial period and intended mainly to stifle dissent, continues to consider the offense a criminal act. Media organizations contend the law on libel has most often been used by people in power to harass journalists and muzzle critical reportage."
Related Articles
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Netizens alarmed by cybercrime law, which may lead to "warrantless takedowns" of sites criticizing politicians
Mar Roxas confirmed as DILG chief; Sen. Miriam Santiago allegedly persuaded by Sen. Tito Sotto to withdraw "block attempt"
Sharon Cuneta defends Sen. Tito Sotto, says his use of Robert Kennedy's words didn't need to be explained
MANILA, Philippines - Sharing content, or even just clicking the 'Like' button on Facebook, may be grounds for libel under the recently enacted Cybercrime Prevention Act. But Senator Teofisto Guingona III said Thursday the law is so broad and vague it isn't clear who can or should be sued.
“The law is very broad,” Guingona, who opposes the new law, said. “If you click like, you can be sued, and if you share, and continuously re-share information, you can also be sued. Saka sino ang liable? Hindi klaro eh. ‘Yung original na nag-post? ‘Yung nag-share? ‘Yung nag-tweet? Kahit nga ikaw, mag-post ka ng simpleng ‘hehehe’ di ba? Ibig sabihin nu’n, sangayon ka (And who is liable? It isn’t clear. The one who made the original post? The ones who share? The ones who tweet. Even you, if you post a simple, ‘hehehe,’ right? Does that mean you agree)? Are you liable? So, napakalawak eh.”
Guingona also described the law as “unrealistic” and difficult to enforce.
But the bottom-line, he said, “on its face, it is unconstitutional,” which is why he filed before the Supreme Court on Thursday a petition asking it to declare void “questionable” provisions of the Cybercrime Prevention Act that infringe on freedom of speech and of expression, among these the inclusion of libel among punishable crimes.
Guingona acknowledged that the country needs an anti-cybercrime law but said the one enacted could easily be used to suppress people’s rights.
“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 like, re-tweet or comment on an online update or blog post containing criticisms,” he said.
He also said the harsher penalty for “cyber-libel” -- up to 12 years’ imprisonment compared to the four years and two months for libel committed in print -- would demonize technology.
Aside from this, Guingona said the new law violated the constitutional guarantee against double jeopardy by making it possible for a person to be sued both under the Cybercrime Prevention Act and the Revised Penal Code.
Guingona said he is confident the Supreme Court will rule in his favor even as he urged netizens to join the protest against the Cybercrime Prevention Act.
Even if the high court rules for his petition, Guingona said he would still seek a review of the law. ~
Soppost to be but they are stunks,lol, they dont think.they dont even look forward after all the calamities and typhoons that even the nation cant stand on.The welfare and foods,beneficiary,medication and shelter.Poverty and economy.....whre are their intellect,,,are their head ruin also by the earthquake and typhoons that hits philippines?
HOW about we,people working abroad...how can we make sure that the money we sent are safe and dear family can use it...how can we talk often and make enjoyment....thats the only way for us to make bonding and do cares each other...they are making people bad...they are making steps that people can think negatively and if people does wrong they well sent jail of what laws they did...they are fucking ignorance and no sense of humor....they are like dectator and we are no longer democratic country,,,,the systematic of phillippines no longer good and its really corrupted.....they until on words with out action.
This coming 11pm,all facebook account will be CUT.This is according from the creator of facebook.All the activities that wasbeing done this time will be delay, SORRY FOR THE INCONVENIENCE. To save you're facebook accounts, please forward this message to 25 FB users for us to make sure that you are active user of FB. If can't pass this to 25 users you're account will be cut without any hesitancy. (( Chat Conversation End)
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