PHIL Anti CyberCrime Law

EVEN if the Supreme Court (SC) has voted for the temporary suspension of the implementation of Republic Act (RA) 10175 or the Cybercrime Prevention Act of 2012, the National Union of Journalists of the Philippines-Cagayan de Oro chapter (NUJP-CDO) continues to be vigilant.

NUJP-CDO members, other journalists and civic organizations held a “silent” march Tuesday afternoon in Cagayan de Oro.
Lawyer Santiago Goking, NUJP-CDO chair emeritus and past president of the Cagayan de Oro Press Club (COPC), said the issuance of the temporary restraining order (TRO) is a good start not only for journalists but also for private citizens.
“This is a good start for our freedom of expression and the press. Today, our SC, led by Chief Justice Ma. Lourdes Sereno, made the public knew it treasures our constitutional protected freedom and likewise regained its independence as the court of justice and equity,” Goking said in a text message.
A source at the court said 14 SC justices voted Tuesday to temporarily stop the implementation of the law.
At least 15 petitions have been filed at the higher court, questioning the law’s constitutionality.
The petitioners said some provisions of the law are unconstitutional, particularly on online libel as it allegedly violates the freedom of expression, due process, equal protection, the right to privacy and correspondence, and the right against unreasonable searches and seizures.
Cagayan de Oro City Councilor Ian Mark Nacaya also labeled the law as “unfair” since some provisions clearly deviates to the socially-accepted norm of living of the people.
Bloggers and netizens, who were among those who filed the petition, rejoiced over the TRO.
"If confirmed, this is a victory for citizens vigilant about their freedoms and about democracy online and offline," said Tonyo Cruz of the newly-formed group Bloggers and Netizens for Democracy (Band).
Cruz described the report as "bad news for President Aquino but good news for netizens of world's social media capital."
But he said the fight continues online and offline until the court decides to side with petitioners and nullify the law.
"We look forward to the oral arguments that -- with a vigilant citizenry online and offline -- the law would be struck down and get replaced by a new law that promotes freedoms and democracy,” he said.
RA 10175 was signed by President Benigno Aquino III on September 12, in hope to address crimes committed with the use of the internet and other electronic communication.
The NUJP and the Philippine Press Institute said in a statement that the criminal libel provisions of the law are direct strikes at the rights to free expression and press freedom and has expanded the coverage of libel to the Internet corresponding the imposition of higher penalties.
Rowena Paraan, secretary-general of NUJP, said the law was passed clearly not just the intention to address crimes in the Internet but it is based on foreign interest.
“The challenges to our profession are enormous and unending – and saddening, given that the Aquino administration stood on a platform of transparency, human rights and anti-corruption. It is alarming that we now have a law that will cripple civil liberties while the Freedom of Information Act gathers dust in Congress,” Paraan said.
Senator Teofisto Guingona III and Bayan Muna Representative Teddy Casiño were among the petitioners against RA 10175.
“The implementation of the law will take back our citizens to the Dark Ages where freedom of speech and expression were not recognized,” Guingona said.
He said the state has no right to gag its citizens and convict them for expressing their thoughts.
“The Philippines is a democratic country. The Filipinos should never be left to cower in the sidelines – their thoughts and voices should not be shackled by fear and intimidation. The people should not be afraid of its own government,” Guingona added.
In a statement, the Center for Media Freedom and Responsibility (CMFR) said the Cybercrime Prevention Act of 2012 is the worst assault on free expression since Ferdinand Marcos declared martial law 40 years ago “if only for its potential to affect the 26 to 30 million Filipinos, including journalists, who regularly access the Internet to upload information through personal blogs or news sites, who comment on public issues in chat rooms or social media, or even those who communicate via email.”
In Malacañang, deputy presidential spokesperson Abigail Valte said the Palace respects the SC's injunction on the new law.
"The administration will always respect the legal processes that are issued by the court," Valte said.
She added that Malacañang will issue further comment on the latest development after it receives a copy of the TRO.
"We would like to take a look at the specifics of the TRO. I have received information also, initial information that the TRO is directed to some particular provisions. We’d also like to take a look at that first," she said.
Valte said the TRO is only a provisional remedy and should not in any way be construed as a judgment on the merits of the law.