With talks about the new
Philippine cyber crime law or the Republic Act 10175 (Cybercrime Prevention Act
of 2012) all over the World Wide Web, not only in the Philippines but even elsewhere
around the world, everyone should make a stand. It’s either you are against this
law or you are in favor of it. As for me, I’m obviously against it.
While I was attending the face
to face session for a search engine marketing course on Oct. 2, there was an
ongoing protest against this infamous newly enacted law. Citizens of the
Internet, or netizens were called into arms, not literally but figuratively by
masking their Facebook accounts with a black cover photo and profile picture.
Thus, you’d find thousands upon thousands of web users, social network
enthusiasts, bloggers, writers, website owners or developers, and countless
citizens of the web demonstrating their protest through comments.
But before we list down the
reasons why the Philippine cyber crime law should not be supported, let me
refer you to the page where you can actually read about the R.A. 10175.
Libel
Speaking of comments, the number
one reason why you should say no to the Philippine Cyber Crime Law is the insertion
of libel amongst the punishable acts. This was included by Sen. Tito Sotto, although
the original bill did not contain this provision. I wouldn’t wonder why since
this senator had been the subject of scrutiny by various bloggers due to
plagiarism issues. With the new R.A. 10175, politicians and public figures will
now be able to file legal lawsuits against anyone merely expressing their
opinion.
In relation to this, my
thoughts about libelous statements are rather different. I believe that
opinions are purely opinions and remain as such whether it is backed up by
facts or not. Thus, stating an opinion cannot be labeled as libelous in anyway
considering the fact that opinions are weighed with both sides of the coin
presented, not unless there is a specific and single idea one is driving at.
With balanced presentation of opinions, whether based on facts or not, it
cannot be libel.
I know nothing about legal proceedings
anyway so please refer to Article 355
of the Revised Penal Code. As to what type of lawsuits can be filed, it
will be determined by lawyers.
Freedom of Speech
Still in relation to comments and expressing opinions, freedom of
speech will definitely be affected by this new law. We can no longer be free to
express thoughts, ideas, and opinions against anyone, particularly erring
public officials without the fear of being criminally held liable for it.
Social Network Ban
Did you know that through the R.A. 10175, law enforcement including
the Department of Justice can actually ban the use of social network sites
including Facebook and Twitter for certain individuals, parties, and everyone
else as a whole if it deems necessary to do so? So that’s no more games, apps,
photos, videos, posts, tweets, and online stalking for you.
Php 50 Million Budget
With numerous more relevant
issues faced by the country today, it appears unnecessary to be spending as
much as Php 50 million annually in terms of budget. The same amount is better
off spent for more worthwhile projects.
Implementation
The Cybercrime Prevention Act
of 2012 is not easy to implement. The National Bureau of Investigation (NBI) as
well as the Philippine National Police (PNP) will need to establish a sort of
cybercrime commission or division. This won’t be as easy as 1-2-3. There will
be a need to acquire advanced technology equipment for tracking hackers and
other types of cyber offenders. There will also be a need to train personnel to
perform the job. These cannot be accomplished overnight and may actually go
beyond the allotted budget.
Does this sound like this law is
rather useless? Not quite. It’s already in effect since yesterday Oct. 3 despite
about 8 petitions filed against it already. The Supreme Court is deaf when and
did not order a Temporary Restraining Order. But the battle is not yet over, groups
like the Kabataan Partylist, representing the youth sector in the House of
Representatives will be submitting the Netizens Bill of Rights when congress
resumes on Oct. 8. In relation to this, a public discussion will be held today,
Oct. 4 later on at 4:30 to 7 PM at the U.P. College of Law, Sarmiento Room. You
may confirm your attendance through this Facebook link.
You may also sign the petition
initiated by the same party list through the website change.org through this
link - Junk the Cybercrime Prevention Law! For the meantime, those are the 5
reasons why we should say no to the Philippine cyber crime law.
Post a Comment