Miyerkules, Oktubre 3, 2012

A Blogger's Take on the Cybercrime Prevention Act

 This might be censored so I am not ...............................
 famend the cyber crime law


I know that the freedom of speech or expression as enshrined in our Constitution is NOT ABSOLUTE. 
Not all truths, even if it is true, should be published. 

As a blogger-slash-storyteller for almost 10 years, I know that there are limits to what I write and share in my blogs. Unfounded and vexatious accusations against any person do not deserve a slot in the cyberspace.

Yes, I disagree with the government, express my sentiments against personalities specially politicians,clamor for truths and changes, oppose seemingly stupid laws, disagree again with anyone who thinks (and proclaims) that they are doing something right when in fact it was an in-your-face slap of lies. But I know that these are within the realm of truth, exercising my right to oppose the government or even personalities when I know that it is within my right to voice my opinion as a tax-paying citizen and active participant of this nation.

The internet is a powerful tool. It contains truths and lies. And you can access it anywhere, anytime.I agree that there should be laws protecting our rights in the cyber space, laws that we could use to shield us from any abuse of our rights. but we do not expect laws that could possibly curtail our freedom of expression.

Today, the Cybercrime Prevention Act or Republic Act 10175 takes effect.
For the copy of the law, please click here.

Pertinent portions of the law provide:

"(c)Content related offenses
                                                                    xxx
4) Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future.
                                                                              xxx
 SEC. 6. All crimes defined and penalized by the Revised Penal Code, as amended, and special laws, if committed by, through and with the use of information and communications technologies shall be covered by the relevant provisions of this Act: Provided, That the penalty to be imposed shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and special laws, as the case may be.

                                                                               xxx
SEC. 19. Restricting or Blocking Access to Computer Data. — When a computer data is prima facie found to be in violation of the provisions of this Act, the DOJ shall issue an order to restrict or block access to such computer data."


A lot of online users are protesting the said provisions alleging that this law protects only the rich and powerful but prejudices the common people. There is fear that these provisions repress the citizens from airing their opinions, from expressing their disagreement or even disgust to those who are in position. It inculcates fear and calls for self censorship.

 I want to believe that the law has the best interest of the Filipino citizens. A protection of our rights especially in this fast-paced world where a click of the mouse could possibly destroy reputation and lives.

But I am protesting the above-quoted provisions of the Cybercrime Prevention Act. These provisions could be used to curtail our freedom of expression. It sows fear that a simple protest against a government  or personality could be used for prosecution of libel. I am also quite baffled why the penalty is one degree higher from that imposed by the Revised Penal Code. Another threat indeed.
 this could be dangerous. this could raise the falg.

And this comes from someone who has always been respectful in expressing opinions.


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