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Bayan files petition vs anti-cybercrime law

By

Bayan Secretary General Renato Reyes

MANILA, Philippines–Militant group Bagong Alyansang Makabayan has joined various groups seeking to declare as unconstitutional the several provisions of Republic Act 10175 or the Cybercrime Prevention Act.

Bayan is the 7th group to file a petition with the Supreme Court.

In a 30-page petition, Bayan, through the National Union of Peoples’ Lawyers also urged the Supreme Court to stop the law’s implementation.

The law will take effect first week of October.

“RA 10175 through its assailed provisions, infringes unconstitutionally and constitutes a sweeping intrusion into the people’s freedom of speech, of expression and of the press, right against unreasonable searches and seizures and right to privacy and other fundamental freedoms.”

Bayan and the petitioners are assailing at least 10 provision of the new law which takes effect October 3. These include Sections 4(a)(3), 4(b)(3), 4(c)(4), 5(a)(b), 6, 7, 12, 17, 19, and 20 for infringing constitutional rights of the people such as freedom of speech, of expression, and of the press, right against unreasonable searches and seizures, and right to privacy.

A provision in the new law also makes illegal the alteration of computer data without right, which may include photos.  “Even Internet memes that alters photos of politicians as a way of expressing opinions on issues, may be penalized under this law,” Bayan Secretary General Renato Reyes explained.

“We urge the Supreme Court to give due course to all petitions. The issue of the cyberlaw infringes on our constitutional rights. The court must strike down this draconian measure,” Reyes said.

Aside from Bayan, also included as petitioners are  National Artist for Literature Bienvenido Lumbera, Karapatan secretary general Cristina Palabay, KMU chair Elmer Labog, COURAGE chair Ferdinand Gaite, and Anakpawis secretary general  Joel Maglungsod, Gabriela Women’s Party Secretary General Lana Linaban and human rights lawyer and netizen Julius Garcia Matibag.

Early Monday, Kabataan partylist also filed their own petition with the Supreme Court against the Cybercrime Prevention Act.

Five petitions have already been filed with the Supreme Court to enjoin agencies like the Philippine National Police (PNP), the National Bureau of Investigation and the Department of Justice from enforcing the law, which will take effect on Wednesday.

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Tags: Bagong Alyansang Makabayan , Cybercrime law , Cybercrime Prevention Act , infotech , News , Republic Act 10175

  • http://profile.yahoo.com/VS5EYSP4FPOTVQCJZ24NRE6Z2M Edgardo Mendoza

    NAKAKATAKOT NEW PEOPLES ARMY YAN DAPAT IPADALA NAYAN SA NORTH KOREA

    • Paglaya09

      Duh! another comment from an AFP troll, hahaha!

  • http://profile.yahoo.com/MDAWMT3LIDHOCW7ZTSYXZEUQQ4 ghe

    Dapat TRO muna until mapagaralan ng SC ang batas na ito.

  • http://pulse.yahoo.com/_ED2VKJ73X7565JLUSMZKHGCOWY nag

    Senate Journal
    SESSION NO. 46
    Tuesday, January 24,2012

    SOTTO AMENDMENT
    Preliminarily, Senator Sotto stated that there are numerous abuses in technology, particularly the video and photo uploading and unnecessary write-ups and comments in social networking systems. He read the definition of libel in Mendez vs. Court of Appeals (OR No. 124491, June I,
    1999), to wit:
    … a 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 discredit or cause the dishonor or contempt of a natural or juridical person, or to blacken the memory of one who is dead. Thus, the elements of libel are: (a) imputation of a discreditable act or condition to another; (b) publication of the imputation; (c) identity of the person defamed; and, (d) existence of malice.
    Senator Sotto further cited the ruling in Laesa vs. Intermediate Appellate Court (161 SCRA 427) which states that: Words calculated to induce suspicion are sometimes more effective to destroy reputation than false charges directly made. Ironical and metaphorical language is a favored vehicle for slander. A charge is sufficient if the words are calculated to induce the hearers to suppose and understand that the person or persons against whom they were uttered were guilty of certain offenses, or are sufficient to impeach their honesty, virtue, or reputation, or to hold the person or persons up to public ridicule.

    Further, Senator Sotto observed that the publication requirement in the crime of libel can be achieved by the mere fact that it is seen in cyberspace and this can further promote the habit of “think before you click.” It is clear, he noted, that cybercrimes are not covered under Article 355 of Revised Penal Code.

    On page 6, line 37, as proposed by Senator Sotto and accepted by the Sponsor, there being no objection, the Body approved the insertion of a new paragraph, to wit:
    4. LIBEL – THE UNLAWFUL OR PROHIBITED ACTS OF LIBEL AS DEFINED IN ARTICLE 355 OF THE REVISED PENAL CODE COMMITTED THROUGH A COMPUTER SYSTEM OR ANY OTHER SIMILAR MEANS WHICH MAYBE DEVISED IN THE FUTURE.

    Senator Angara pointed out that cyberspace is just a new avenue for publicizing or communicating a libelous statement which is subject to prosecution and punishment as defined by the Revised Penal Code.

  • http://www.facebook.com/profile.php?id=100001491588431 Gian Paolo Oliveros

    PNoy like GMA is getting exposed and isolated from the people. His popularity thinning he needs to curtail people’s dissent. 



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