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SC expected to rule on TRO vs Cybercrime law

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The Supreme Court building in Manila. INQUIRER FILE PHOTO

MANILA, Philippines — The Supreme Court this Tuesday will determine whether to extend the 120-day temporary restraining order against the implementation of the Cybercrime Prevention Act.

Petitioners, during the oral argument, requested the high court to extend the TRO. The last day the TRO is today, Tuesday.

Lawyer Harry Roque, one of the petitionersn told the high court that an extension of the restraining order was needed to prevent the law’s implementation while the high court was still determining its constitutionality.

During the oral argument, Solicitor-General Francis Jardeleza conceded that Section 19 was unconstitutional.

Section 19 known as the Take Down provision allows the Department of Justice to block and restrict a website without court warrant.

Jardeleza also admitted that Section 12 of the law which authorizes government authorities to collect traffic data was “barely constitutional.”

He admitted that traffic data was not thoroughly defined under the law and would feel better if there would be judicial intervention.


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Tags: Cybercrime law , infotech , Internet , politics , Supreme Court , TRO

  • http://twitter.com/hp2184 RJ Legaspi

    With every right comes a responsibility. Let’s be “responsible” when expressing ourselves online whether with or without the cyber crime law. 

  • mabyrik

    If SC will not repeal the provisions on cybercrime libel, what will happen to freedom of the people to express anger against government officials who abused their authority and power. I can name some of their abuses that had been attacked by ordinary people and bloggers through internet, their only way of expressing disgust and have been successful in making these officials wary of their acts. Some of the scandals, abuses are:

    1) Enrile’s immoral Christmas gifts to fellow senators and senate employees
    2) Garcia’s defiance on her suspension and the 3 bugok na itlog (Binay, Enrile, Erap) advice to stay put despite the suspension order
    3) Bishops SUV scandals
    4) Corona’s impeachment
    5) Sotto’s plagiarism scandals

    Too many, I will need thousand pages to lay them down.

    Anyway, the libel provision must be stricken out of the law for being onerous and violation of the constitution.
     
     

    • Weder-Weder Lang

      Allow me to add to the list. Without internet freedom, netizens will not be allowed to comment, like or share information about government corruption like the ff:

      01. Rice Smuggling by former NFA Chief Lito Banayo (a PNoy appointee)

      youtube,com/watch?v=jFpZndSlgbM

      02. Misuse of Pagcor car and resources by Pagcor Chief Bong Naguiat, PNoy’s KKK

      youtube,com/watch?v=uQpPP_VxnrQ

      03. Miro Quimbo’s involvement in Globe Asiatique Scam which was hushed up by Ombudsman Morales

      youtube,com/watch?v=AjjJmYE-dF0

      abs-cbnnews,com/business/08/24/11/doj-indicts-globe-asiatique-syndicated-estafa

      abs-cbnnews,com/global-filipino/06/14/12/pag-ibig-ceo-hits-non-arrest-delfin-lee

      • arthur1410

        I agree. Whether the subject is Pnoy, Binay, Enrile, or whatever, social media is the best medium to air their grievances or complaints or disappointment and must not be taken away from them.

      • Weder-Weder Lang

        Mabuti ka pa, hindi selective justice ang isinusulong.

    • http://pulse.yahoo.com/_E3CE56OQVPC4RPYD2NR4VD3SUE Bert

      Naks, naka front page pa talaga ang mga ayaw nya, pero ang mga KKK ni Pnoy na mga KAWATAN, exempted. 

  • i_am_filipino

    LET US PASS OUR FREEDOM OF EXPRESSION TO OUR CHILDREN, GRANDCHILDREN. LET US SPREAD OUR FREEDOM EQUALLY FOR BOTH POOR AND RICH. IT WOULD BE TERRIBLE TO WATCH THESE CHILDREN, YOUR CHILDREN, YOUR GRANDCHILDREN BEING SUPPRESSED OF THEIR RIGHT, YES THEIR RIGHT TO EXPRESS THEMSELVES. SUPPORT FOR BOTH RICH AND POOR. DO NOT DIVIDE OUR COUNTRY. WE FACED LESS CRIMES ON INTERNET SINCE IT WAS ESTABLISHED THAN COMMITTING AN ACTUAL CRIME. SC, BE WISER TO BE WISE.

  • http://www.facebook.com/macpoys2000 Virgilio B. Zamora

    WE ARE KEEPING A GOOD WATCH!!

  • Jhun Santos

    100% sure they are going to void it 

  • kalikasanipagtanggol

    the word for tomorrow is “allegedly”

    at sabay LOL LOL LOL LOL! hindi naman siguro bawal ang LOL!….hahahaha LOL

  • WeAry_Bat

    Tomorrow, we will be entertainment section.  All blind items.

  • Albert Einstien

    ha ha pagnagkamli ang SC kawawa sila   30 millIon cyber FREEDOM LOVING CITIZENS ang BABANAT sa KANILA ARAW ARAW….kahit saan sila PUPUNTA…PUPUTAKTIHIN sila…..laging me-mag PO-POST kung ano ginawa nila lalo na KUNG MASAMA……LAGOT….!

    WALA na nga FOI..KIKITILIN nyo pa CYBER FREEDOM….LAGOT kayo sa MAMAMAYAN ….KINUKUNSINTI nyo ang KATIWALIAN…tutulong nga ang CYBER CITIZENS sa inyo ipatupad ang mga batas sa KURAPSYON at KRIMINALIDAD…para I-EXPOSE ang BAHO ng mga KURAP at KRIMINAL sa LIPUNAN… tapos..KIKITILIN nyo pa…DELIKADO po yan mga SC JUSTICES…

  • http://twitter.com/frankstupid1 frankstupid

    btw guys remember is the tro lapses of cybercrime law tomorrow so get ready guys!

  • koolkid_inthehouse

    It should be open season for dirty politicians.  Filipinos are punish again by the e-libel on politicians.  Nobody should be charge of libel on politicians and government officials.  This is our only level playing field to express our disgusts on what they’re doing.  Example, Enrile divvy up Filipinos money as ‘savings’ by the senate.  The Sotto of Bobby Kennedy’s speech.  If these senators/congressmen will deprive us of our comment to air out unethical, corrupt ways, we might as well head to the mountains and join the rebel.



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