Cyberspace has become the platform of the best and worst things that people can come up with when they’re online. While it’s a hotbed of game-changing ideas and artistic expression, it has also turned into a breeding ground for trolls and cyberthugs. That being said, well-meaning Pinoy lawmakers thought it best to pass Republic Act No. 10175 or The Cybercrime Prevention Act of 2012. But, wait! There’s a catch. This very same law that professes to protect us from those who would do us wrong via digital means also threatens to take away our freedom to say what we want.
Senator Tito Sotto proudly owned up to the fact that he was responsible for inserting the libel clause into the law. Senator Chiz Escudero called the insertion a “mistake” and has said that he’ll move to have the law repealed. Meanwhile, Senator TG Guingona (along with the other senators who didn’t back the law) continues to be against the law. For its part, Malacañang said President Noynoy Aquino thoroughly reviewed the law before he affixed his signature to it—a fact which strikes some people as strange. There are those who have remarked that if P-Noy’s father, Ninoy, was still around, he probably be among those protesting what has come to be called as “cyber martial law.”
For the record, the following senators voted to pass the law:
Sure, the law does have some good points, but its “nasty parts” can’t be ignored. With the help of InterAksyon.com’s series of articles about the Cybercrime Prevention Act—as well as news clips from GMA-7, ABS-CBN, and ANC—we have listed 10 of the law’s scariest parts:
1. It only wants to hear nice things . If you’re a law-abiding citizen who happens to use blogs, Facebook, and Twitter to let the world know about your beef against, say, certain elected officials who are far from being geniuses—then you’ve been living a lie. Under the Cybercrime Prevention Act, you’re just like any other cybercriminal. Your tweet about the barangay captain who loves San Miguel more than his job? That could be classified as libel, which is defined in the Revised Penal Code as “the public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person…” Take note of the part where it says “real or imaginary.” You’re damned if you’re lying and you’re damned if you’re telling the truth.
2. It champions the dead by asking the living to shut up. Under the Cybercrime Prevention Act, you would also be committing a crime if you “blacken the memory of one who is dead.” So, what happens if the person who died was a criminal who molested kids, backed a law that resulted in thousands of people being tortured, or killed journalists—and you’re documenting his or her evil deeds for a history book? Out of being nice, do you erase the “bad parts” of his or her life? The law says, if you can’t say anything good, then you better not say anything at all. That’s great for petty issues but not when we’re talking about people who use their position to take advantage of defenseless individuals.