Much has been said about the recently implemented RA 10175 or the “Cybercrime Prevention Act of 2012”. I never really gave this subject much
thought until recently (I’ve been so busy with my projects). I realized that this
issue is huge since aside from being the subject of numerous articles for weeks
now, there are currently 8 petitions filed against this law. You can’t
even go online without coming across this topic – and this has made me curious.
What is this really all about?
To give me a better understanding of this “Act” – I started
looking for the text of RA 10175. Surprisingly, the government website (www.gov.ph) is still up (untouched by hackers) and
I was able to grab myself a copy (http://www.gov.ph/2012/09/12/republic-act-no-10175/).
I went over it and here’s how I interpret it.
I’m not an expert at this so please bear with me. The act
basically punishes the offenses listed below:
CYBERCRIME OFFENSES:
1. Offenses against the confidentiality,
integrity...
·
Illegal
Access
·
Illegal
Interception
·
Data Interference
·
System
Interference
·
Misuse of Devices
2. Computer related offenses:
·
Computer-related
Forgery
·
Computer-related
Fraud
·
Computer-related
Identity Theft
3. Content-related Offenses:
·
Cybersex
·
Child Pornography
·
Unsolicited
Commercial Communications
·
Libel
OTHER OFFENSES
1.
Aiding or Abetting in the Commission of Cybercrime. – Any person who willfully
abets or aids in the commission of any of the offenses enumerated in this Act
shall be held liable.
2. Attempt in the Commission of Cybercrime. —
Any person who willfully attempts to commit any of the offenses enumerated in
this Act shall be held liable
After reading (well more like skimming) the said “Act” here are
some of the lines which for me, stood out.
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.
According to Wikipedia, prima facie is “in common law jurisdictions, prima facie denotes evidence
that – unless rebutted – would be sufficient to prove a particular
proposition or fact.” Does this mean that the DOJ could block/shutdown websites
if they believe that it is in violation of the said Act pending their
investigation? I hope that in this case, due process and investigation will
still be observed.
(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.
The inclusion of this line has really stirred the public. Libel
is defined by wiki dictionary as “A published false statement that is damaging
to a person's reputation; a written defamation” – well, who wants to be defamed
right? Article 355 of the revised penal
code describes how libel in the Philippines should be punished. I feel that the libel clause puts online comments, write-ups and articles in the
same league as published media (newspapers, magazine, books etc.) where every “netizen” needs to be very careful of
what he/she writes (or types). In the
age of Facebook and Twitter– a common Juan like me can’t help but clarify - if someone “likes”, “shares” or “retweets” a
libelous claim – does it make them an accomplice to the crime thus also being
punishable as per RA 10175 (OTHER
OFFENSES)? If a simple expression of dismay or frustration written in
facebook is seen by someone as malicious – does that make it grounds for libel
under the cybercrime act? I believe that this is how others see this “Act” as a
threat to our freedom of expression. Most
netizens are used to venting out their anger and frustration in Facebook – we can’t
blame them for fear of being punished for expressing themselves right? According
to Malacanang (link here)
– the president stated that “the
vigorous exchange of ideas that is the hallmark of a vibrant democracy,
requires those who disagree not to oppress others.” Well, in this time and age, everyone likes to
share their thoughts and ideas online – I just hope that this new “Act” doesn’t
tread heavily on every Filipino’s right to express themselves.
Well, as they say,
every cloud has a silver lining – we are armed to defend ourselves against
being falsely accused of libel – and that is with the TRUTH. If someone accuses
you of declaring false statements – then just back up what you’re saying with proof
and you’ll be cleared. :)
Aside from the points I’ve stated above, I think most of our
legislators have our best interest when they signed this into legislation(although there may be some who are just getting even netizens :D). I
just hope that this law is better explained to everyone to prevent abuse and
misinterpretation.
To close this post – I would like to share with you the
lighter side of things - this really made me laugh - http://everythinginbudget.blogspot.com/2012/10/things-that-cybercrime-pervention-act.html
Thanks!
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