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De Lima vows to protect rights, freedoms if SC upholds cybercrime law

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Justice Secretary Leila De Lima. SENATE POOL PHOTO

MANILA, Philippines — Justice Secretary Leila de Lima vowed on Monday to protect constitutionally guaranteed rights and freedoms should the Supreme Court uphold the anti-cybercrime law.

Speaking at the 2nd Philippine Anti-Counterfeiting and Piracy Summit at the Edsa Shangrila hotel, De Lima said while the summit had to do with intellectual property rights protection, she could not help but touch on “one of the hottest topics of today,” the Cybercrime Prevention Act.

“The provisions of the (law) are now submitted for scrutiny of their constitutionality before the Supreme Court but, regardless of how that case will be eventually resolved, it is a concrete sign that we, in the Philippine government, take intellectual property rights protection very seriously, whether infringement is committed in the physical world or in cyberspace,” she said, adding that the country took a plunge on the issue earlier than the United States.

The high court had suspended the implementation of the law for four months in consideration of the petitions opposing particularly the provision in the law criminalizing and imposing higher penalties on online libel, which the media said violated freedom of expression.

But De Lima, acknowledging “the gravity of the constitutional freedom that may be affected by the said law,” said ” I now give my word that we shall not only ensure that we, ourselves, will discharge our mandate with circumspect and with strict observance of the constitutionally enshrined rights and freedoms.”

She also vowed to come up with proper safeguards to avoid any opportunity for “future administrations and leaderships” to abuse the law.

“We do not wish to regress back to a state of fear and censorship or, worse, to an incident similar to the tragic and heinous attack on a young girl who, in 2009, started writing a blog for BBC under a pseudonym, talking about her dreams for the future and how the Taliban were pushing those aspirations further and further out of reach,” De Lima said.

She was referring to 14-year-old Malala Yousufzai who was recently shot and wounded by the Taliban in Pakistan.

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Tags: constitutional law , Courts , Crime , Cybercrime Prevention Act , Department of Justice , Freedom of expression , Internet , Judiciary , justice and rights , law and justice , Leila de Lima , Online Libel , Supreme Court , technology , trials and Litigation

  • Anton Bautista

    My sincerest respects to Sec de Lima.  I believe her.  I believe that she will try to do as she has said.  As much as I have the highest trust in Sec de Lima, I can’t say the same for the other government units, the other leaders, department heads, mayors, councilors, senators, solons or other people with influence.  I don’t believe de Lima will be able to protect us from the corruption and abuse of unscrupulous individuals.

  • disillusioned_juandelacruz

    Justice Secretary Leila de Lima vowed on Monday to protect constitutionally guaranteed rights and freedoms should the Supreme Court uphold the anti-cybercrime law.
    I DON’T believe you.

  • http://profile.yahoo.com/XJ6M3EEK5LGN77YOMKJHBCXF7Q jeronimo

    what happened to the hackers that hacked the government websites?

  • http://www.facebook.com/people/Eleazar-Subayno/100000403818760 Eleazar Subayno

     si liela pagnakita ko siyang nakabandana ay parang nakita ko na rin ang presidente ng afghanistan

  • http://twitter.com/frankstupid1 frankstupid

    netizens and sc please do not believe in de lima that she will respect our rights because her execution in cybercrime law as doj judge executioner is illegal, unconstitutional, and prone to abuse to us netizens of our rights!. 

    • http://www.facebook.com/people/Eleazar-Subayno/100000403818760 Eleazar Subayno

       Bayaan mo na lang sila malapit matapos ang term nila sa 2016 maghanaphanap na din ang mga iyan ng wheelchairs.

  • http://www.aquinocojuangco.gov.ph/ It’s No Time To Doubt Now

    Thanks to our beloved President PNoy, DOJ now has an anti-cybercrime unit headed by an able expert in the person of Geronimo Sy. As they build their capabilities and resources, the government will be better equipped and more empowered to deal with cyberlibel and ill disciplined netizens. They will be able to track IP addresses on short notice, hound cyberlibelers and other cyberscumbags on demand. The technology will be there, ready for use at the flip of a switch with or without a court order. DOJ and NBI do not always have to publicly disclose what they are capable and not capable of doing. If some sector can capture the Hello Garci cellphone conversation over the air without court order, cybersurveillance and cyberforensincs could also be conducted with or without court orders. With poor internal audit and even poorer internal risk & control processes in government law enforcement agencies, we can be sure infraction and abuse data will be reassuringly low. For Daang Matuwid to succeed, cyberdiscipline is key. Let us all get behind it. Let us all get used to it. Let us all thank our dear leader PNoy once again for leading us in the right direction.

    and may I humbly suggest:
    vote straight LP in 2013
    Ninoy 2.0 = Bam Aquino

    • http://twitter.com/frankstupid1 frankstupid

      what ??? a cyber disipline or cyber martial law to us netizens about the cybercrime law?

      • http://www.aquinocojuangco.gov.ph/ It’s No Time To Doubt Now

        Resistance is futile. Get used to it.

      • http://twitter.com/frankstupid1 frankstupid

        no i dont think so that the resistance is futile because remember the people power 1986 that falls a powerful dictator by the unity of resitance of the people and that also a form of resitance which in a form of great victory. 

      • http://www.aquinocojuangco.gov.ph/ It’s No Time To Doubt Now

        in case you forgot, our dear leader PNoy’s mom invented the people power. nobody can do it except for her. only she can call on the nation to come together and take to the streets. now why in the world would she raise h3ll against her son if she were around today?

      • Brody619

         It sounded like you have been blindsided. With your attitude, I would recommend you as a prison superintendent. Prisoners need to be treated that way. This is the place where you may greatly benefit the Filipino society.

      • http://www.aquinocojuangco.gov.ph/ It’s No Time To Doubt Now

        Hey, thanks for recognizing my gift and where I could be useful. Truth be told, I already am working for our dear leader in my own capacity. But thanks for the offer.

        and may I humbly suggest:
        vote straight LP in 2013
        Ninoy 2.0 = Bam Aquino

    • Brody619

       People like you will be much comfortable living in Nazi Germany 70 years ago.

      • http://www.aquinocojuangco.gov.ph/ It’s No Time To Doubt Now

        Come on, that’s totally uncalled for. I’m just saying that the technology is there, the capabilities are there and there’s no telling when it will be used against ill-disciplined netizens. Most of us did not know that some sector was capable of capturing mobile phone conversations over the air waves in 2004 until the Hello Garci tapes surfaced. Fast forward to 2012, Wimax and 3G and other wireless internet connection also go through the same network infrastructure as wireless phone calls. In short, same vulnerabilities. Again, the technology is now here and so are the capabilities. Who it will be used against, we’ll never know. That is why it is so important to have a trustworthy government like our beloved President PNoy. Basta’t kay PNoy, para kang nakasandal sa pader.

        may I humbly suggest:
        vote straight LP in 2013
        Ninoy 2.0 = Bam Aquino

  • Cal_Reznick

    Anyone who exercises their freedom of speech will be arrested. Is this what she means??

    • UPnnGrd

      Not all will be arrested.  Why will deLima arrest those who praise deLIma and her KKK’s?

      But she will say POLICE POWER!!!! to arrest those who PersiNoynoy says should be arrested.

      • Cal_Reznick

        What a scary thought if that happens to be true. I kinda recall a time when anyone can be arrested for opposing those in power.

  • boldyak

    The authority given to DOJ in the cybercrime law is unconstitutional…DeLima should know that, we don’t need your promises Delima..just follow what the constitution says….no arrest without court order…unless caught in the act or in pursuit..etc..etc…you are a lawyer and a human rights advocate at that…but since you are a big headed, you think people will just agree with your promises…

    • UPnnGrd

       deLima  has already said that when Malakanyang invokes POLICE POWER,  then anything goes  and Malakanyang does not need any court approval to arrest a general, a student, a businessman, or a child of  former president.

      Which is why deLima wants the Cybercrime Law to be law —-  because the bill that President Noynoy signed into law  says President Noynoy does not have to ask court approval when President Noynoy wants to listen to any device that can do intant messaging or e-mail .    

  • divictes

    As long as that libel provision stays, the temptation to abuse it remains. It was inserted for ignoble intentions therefore it will be suspect.

  • http://pulse.yahoo.com/_QZZKXPEA67I7HELEIYM35QVYFA Jon

    ” I now give my word that we shall not only ensure that we, ourselves,
    will discharge our mandate with circumspect and with strict observance
    of the constitutionally enshrined rights and freedoms.”

    Sa iyo na yang mga pangako Ms. Heresay.
    Mas may halaga pa iyong gamit na toilet paper kumpara sa mga binibitawan mong salita.



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