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These are Section 4, paragraph 4 which states that libel is a cybercrime if committed online; Section 5, which punishes any person who aids or abets the commission of any cybercrime, even if it is only through Facebook or Twitter; Section 6 which adopts the entire Penal Code for as long as the crime is committed through the use of information technology, but the penalty would be one degree higher; Section 7 which makes the same crime punishable both under the Penal Code and the Cybercrime Act; and Section 19 which authorizes the Department of Justice (DOJ) to restrict access to computer data found to be in violation of the new law or the so-called take down clause.

During the bill’s interpellation at the Senate, Santiago pushed for the requirement of a court order before any law enforcement agency could collect, seize or disclose data other than traffic data.

She cited a provision in the Constitution which guarantees absolute freedom of speech, specifically stating “no law shall be passed abridging the freedom of speech.”

“Notice that the constitutional language is absolute. However, jurists have tried to balance the absolute language with vital social needs,” she said.

However, she was not able to vote on the bill when it was taken up for third reading last January because she was on sick leave due to hypertension.

While she criticized the law for containing unconstitutional provisions, she said it could be an effective tool to prevent many cases of fraud, only if properly worded.

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Critics call for more protest

Meanwhile, critics of the Cybercrime Prevention Act are calling for more protests after President Aquino said he would not drop the online libel provision of the law.

Militant group Bagong Alyansang Makabayan (Bayan), one of the petitioners in the case filed before the SC, urged people to show their disgust over what it described as Aquino’s “stubborn insistence to curtail freedom on the Internet.”

“Instead of listening to the people, Mr. Aquino justified why he signed the cybercrime law. He worries about being impeached if he doesn’t implement the new law, but is not worried about the snowballing people’s opposition. He looks at public opinion with disdain and thinks he can get away with the violation of our constitutional rights. That kind of arrogance will be his own undoing,” Bayan secretary-general Renato Reyes said.

The group also decried what it called “Palace deception” as allies of the President have called on critics to just wait for the drafting of the implementing rules and regulations (IRR) instead of protesting against the law.

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Last Friday, several media websites were redirected to the Facebook account of Pixel Offensive. It was the first time that media sites were hacked. All previous targets were government sites.
Anonymous Philippines and other hacktivist groups critical of the law have denied involvement in the hacking.

In Cagayan de Oro City, the National Union of Journalists of the Philippines (NUJP) urged media practitioners and ordinary citizens to stand against the controversial law.

In a statement titled “Matuwid na Daan Gone Astray” posted on the social networking site Facebook last Friday, the NUJP criticized Aquino whom it perceived to have “declared war on his own people.”

The largest organization of media practitioners has expressed dismay over Aquino’s statement that the online libel provision of RA 10175 should not be dropped.

“I do not agree that the provision on online libel should be removed. Whatever the format is, if it is libelous, then there should be some form of redress available to the victims,” Aquino was quoted as saying.

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Valte appealed for a stop to the attacks on the websites and social media accounts of the weather service, the earthquake and tsunami monitoring service, and the social welfare agency, although she refused to disclose the extent of the damage, if any.

All the sites she mentioned appeared to be up and working yesterday afternoon.
“Many people are being affected by this. We are aware of the opposition to the Cybercrime Prevention Act. There are other ways to express opposition to it,” she said in an appeal aired over government radio.

Valte reported the attacks a day after Aquino defended the cybercrime law, which seeks to stamp out fraud, identity theft, spamming and child pornography.

The new law sparked a storm of protests from critics claiming it would severely curb Internet freedom and intimidate netizens into self-censorship.

One of law’s most controversial provisions imposes higher penalties on people who post defamatory comments online than those who commit libel in traditional media. – With Rhodina Villanueva, Jigger Jerusalem - By Marvin Sy (Philstar News Service, www.philstar.com)

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