Quantcast
Latest Stories

SolGen: Cyber law bars multiple prosecutions of authors of libelous articles

By

Alliance of youth organizations and institutions against cybercrime law held a vigil in front of the Supreme Court building in Padre Faura in Manila on Jan. 14, 2013, the eve of the high tribunal’s hearing on the oral arguments against the controversial law. INQUIRER FILE PHOTO

MANILA, Philippines—Journalists have no reason to fear Republic Act 10175 or the Cybercrime Prevention Act, government lawyers said Tuesday but justices of the Supreme Court are doubtful.

During Tuesday’s oral argument, Solicitor-General Francis Jardeleza said journalist who writes for both online and newspaper cannot be separately prosecuted following the single publication rule.

“If the article is posted on the Internet and published in the newspaper or the article appears in the morning paper and also appeared on the newspapers evening edition, it is considered single publication,” Jardeleza said.

Under the Single Publication Rule, a complainant for libel has only one claim for every mass publication.

Jardeleza made the pronouncement after he was questioned by Justices of the Supreme Court on Section 7 of the Cybercrime Prevention Act of 2012, which allows prosecution under the law and simultaneously prosecuted for violation of the Revised Penal Code.

Section 7 of the law provides that “a prosecution under this Act shall be without prejudice to any liability for violation of any provision of the Revised Penal Code, as amended, or special laws.”

Jardeleza said Section 7 does not include libel.

“Libel is specially mentioned as content offense but Congress did not provide separate penalty for that so-called content libel,” Jardeleza said adding that Section 7 refers to other cybercrime offenses.

But Associate Justice Teresita Leonardo De Castro said “it [Section 7] does not say libel is excluded…It is not reflected in the language of the law. It [Section 7] does not say that these are different offenses.”

Senior Associate Justice Antonio Carpio, on the other hand, said Section 7 violates the prohibition against double jeopardy, which means that no person shall be tried for the same offense twice.


Follow us on Facebook Follow on Twitter Follow on Twitter




Recent Stories:

French President Hollande’s top aide resigns 49 mins elapsed Japan to redesign Antarctic whale hunt after UN court ruling 1 hour elapsed Vietnam battles fatal measles outbreak 1 hour elapsed Clinton White House documents set for release 1 hour elapsed South Korea school locked down by grief over sunken ferry 1 hour elapsed Ukrainian insurgents reject call to quit buildings 2 hours elapsed Quezon City cops carry crosses to atone for their sins 2 hours elapsed Tens of thousands travel by sea this Holy Week 2 hours elapsed
Complete stories on our Digital Edition newsstand for tablets, netbooks and mobile phones; 14-issue free trial. About to step out? Get breaking alerts on your mobile.phone. Text ON INQ BREAKING to 4467, for Globe, Smart and Sun subscribers in the Philippines.

Tags: Cybercrime Prevention Act , Facebook , infotech , Libel , Media , News , press freedom , Republic Act 10175 , Twitter

  • WeAry_Bat

    Very good questioning by our SC judges.  Is this a sign of honor showing again?

    Weighing things, ‘honor’ seems more befitting judges who go through years of study than say, some senators who feel high-falutingly ‘honorable’ when they were voted in by ignorance.

  • fromuniversityofthephilippines

    Beyond the storified version of the oral arguments, here are
    the exact words of the solgen and the justices during the entire oral
    arguments,  live tweets, read more by
    typing in Google search:  SolGen
    oral arguments Cybercrime Law & some comments  

  • http://pulse.yahoo.com/_4R3GZTGML26TV2VGS6RVHP2THM Fred

    It appears that the Cybercrime Prevention Act is half-baked
    as shown by the manner of questioning by the SC justices.

  • http://fables.boxpinoy.com/ Lucky Luciano

    “Journalists has no reason to fear Republic Act 10175″…

    Where have all the bloggers gone, long time posting………..dum dum dum dum



Copyright © 2014,
.
To subscribe to the Philippine Daily Inquirer newspaper in the Philippines, call +63 2 896-6000 for Metro Manila and Metro Cebu or email your subscription request here.
Factual errors? Contact the Philippine Daily Inquirer's day desk. Believe this article violates journalistic ethics? Contact the Inquirer's Reader's Advocate. Or write The Readers' Advocate:
c/o Philippine Daily Inquirer Chino Roces Avenue corner Yague and Mascardo Streets, Makati City, Metro Manila, Philippines Or fax nos. +63 2 8974793 to 94
Advertisement Advertisement
  1. Netizens seethe over Aquino’s ‘sacrifice’ message
  2. Did Deniece Cornejo lambast Vhong Navarro on social media?
  3. Facebook rolls out ‘nearby friends’ feature
  4. Mommy Dionisia sings ‘Riking Bull,’sends netizens ablaze
  5. Taylor Swift tries video blogging, crashes into fan’s bridal shower
  6. Filipinos #PrayForSouthKorea
  7. Nokia recalls 30,000 chargers for Lumia 2520 tablet
  8. Tech company: Change passwords or suffer ‘Heartbleed’
  9. Mommy Dionisia Pacquiao scores, takes over social media
  10. DOF: Tagaytay, QC best at handling funds
  1. Did Deniece Cornejo lambast Vhong Navarro on social media?
  2. Mommy Dionisia Pacquiao scores, takes over social media
  3. Nude and so dangerous
  4. Mommy Dionisia sings ‘Riking Bull,’sends netizens ablaze
  5. Memes flourish after Pacquiao victory
  6. Netizens react to Pacquiao’s victory over Bradley
  7. IT technician found guilty of defrauding firm of P130,000
  8. Philippines may watch ‘blood moon’ online
  9. Samsung flagship smartphone goes on sale worldwide
  10. Heartbleed bug and what you need to know
  1. #RejectedBbPilipinas2014Questions flood Twitter
  2. Did Deniece Cornejo lambast Vhong Navarro on social media?
  3. Netizens fall in love with Crimea prosecutor Natalia Poklonskaya
  4. Mommy Dionisia Pacquiao scores, takes over social media
  5. Nude and so dangerous
  6. Mommy Dionisia sings ‘Riking Bull,’sends netizens ablaze
  7. Why didn’t missing jet passengers use their cellphones?
  8. Russia tries to curb Crimean prosecutor’s Internet fame
  9. Memes flourish after Pacquiao victory
  10. Netizens thank Capa for Lee arrest

News

  • French President Hollande’s top aide resigns
  • Japan to redesign Antarctic whale hunt after UN court ruling
  • Vietnam battles fatal measles outbreak
  • Clinton White House documents set for release
  • South Korea school locked down by grief over sunken ferry
  • Sports

  • Pacquiao shorts in Bradley fight sold for P1.7M in LA auction
  • Ryu pitches Dodgers past Giants
  • Alonso sets the pace in Chinese GP practice
  • Heat seek Three-peat but Spurs, Pacers top seeds
  • Can Spurs get back at Heat? Can they survive West?
  • Lifestyle

  • Levine designs womenswear with help from fiancee
  • Gabriel Garcia Marquez, Nobel laureate, dies at 87
  • Ford Mustang turns 50 atop Empire State Building
  • Pro visual artists, lensmen to judge Pagcor’s photo contest
  • ‘Labahita a la bacalao’
  • Entertainment

  • EXO postpones release of mini album ‘Overdose’
  • ‘X-men’ filmmaker slams ‘fabricated’ sex attack claims
  • Singer Chris Brown’s bodyguard on trial in DC
  • Whoopi Goldberg debuts as marijuana columnist
  • ‘X-men’ director accused of sex assault on teen boy
  • Business

  • Italy sells luxury state cars on eBay
  • Asian shares mostly up in quiet trade
  • Dollar up in Asia on US jobs data, Ukraine deal
  • Barbie doll has a problem
  • Oil prices mixed ahead of long Easter weekend
  • Technology

  • Netizens pay respects to Gabriel Garcia Marquez
  • Nokia recalls 30,000 chargers for Lumia 2520 tablet
  • Facebook rolls out ‘nearby friends’ feature
  • Netizens seethe over Aquino’s ‘sacrifice’ message
  • Filipinos #PrayForSouthKorea
  • Opinion

  • Editorial cartoon, April 17, 2014
  • A humbler Church
  • Deepest darkness
  • ‘Agnihotra’ for Earth’s health
  • It’s the Holy Week, time to think of others
  • Global Nation

  • DoH denies Filipino nurse no longer positive for MERS virus
  • WHO warns vs spread of MERS-Cov, urges vigilance in taking precautions
  • Last call for nominations to ’14 Presidential Awards
  • San Francisco business coalition slams proposed tax on sugary drinks
  • A ‘time-travel’ production of ‘Les Miserable’ at Stanford
  • Advertisement
    Marketplace