Monday, February 17, 2014

SC: Upheld that Internet libel in cybercrime law is Constitutional

Welcome to the Nazi Philippines!

SC, Internet libel, cybercrime law, Sotto


The Supreme Court has now ruled that the online libel provision in the Cybercrime Prevention Act of 2012 is constitutional, while removing other provision of the law that includes giving power to the Department of Justice (DOJ) to restrict or block access to data violating the law.

SC has also put into place several conditions with regards to the online libel provision according to Supreme Court spokesman Theodore Te.

With this law the Philippines is like the Nazi Germany and not China. Good luck to everyone!

Updates from GMA NEWS:

SC ruled the legality of Section 5 that penalizes anyone who aids or abets the commission of cybercrimes and anyone who attempts the commission of cybercrimes, if the crimes involved are:

    illegal access
    illegal interception
    data interference
    system interference
    misuse of devices
    cyber squatting
    computer-related fraud
    computer-related identity theft,
    cybersex

As a result, the penalties set for crimes like online libel and commercial communications, as well as child pornography have been deemed unconstitutional.

Struck down

Meanwhile, among the portions declared as unconstitutional were:

    Section 4(c)(3), which considers unsolicited commercial communication as a cybercrime offense
    Section 12 on collection or recording of traffic data in real-time, associated with specified communication transmitted by means of a computer system
    Section 19, which authorizes the DOJ to restrict or block access to data that would be found prima facie in violation of the cybercrime law
    Section 7 on separate prosecutions under the Cybercrime Law and the Revised Penal Code.


The high court said Section 7 violated the prohibition on double jeopardy.

Associate Justice Roberto Abad penned the decision, while Associate Justices Presbetiro Velasco and Estela Perlas-Bernabe took no part in the voting. 

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