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Tag Archives: Cybercrime Law

ALAM muling nakiisa sa protesta vs. cybercrime law

Muling nakiisa ang grupong Alab ng Mamamahayag (ALAM) sa Alpha Phi Omega (APO) sa kanilang protesta laban sa kontrobersyal na Cybercrime Law.

Ayon kay ALAM Chairman Jerry Yap, hindi man sila kasamang nagsagawa ng Oblation Run o tumakbo ng hubo’t hubad — ng may 60 lalaking miyembro ng Alpha Phi Omega (APO) sa loob ng University of the Philippines (UP) Manila campus noong Martes, ikinatutuwa naman nila ang pagsuporta ng APO sa kanilang adhikain.

Ani Yap, kahit ang APO ay nakauunawang paglabag sa freedom of speech, right to privacy at due process of law ang pagkakapasa ng nasabing batas.

Aniya, sa dami ng mga mambabatas na miyembro ng APO, sana naman ay mapagbigyan na ang kahilingan ng media na maibasura na ito.

Kasalukuyang nakabinbin ang pagpapatupad ng Cybercrime Prevention Act matapos magpalabas ng temporary restraining order (TRO) ang Korte Suprema sa harap na rin ng sangkaterbang petisyong inihain laban sa kontrobersyal na batas.

 

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Party-list aspirant blasts arrest of anti-mining activist

Alab ng Mamamahayag (ALAM) criticized the arrest of an anti-mining activist in the province of Cagayan using only the Facebook article as main evidence in a libel case.

According ALAM Chairman Jerry Yap, Esperlita Garcia’s arrest is so unfair considering that she only wrote an article on Facebook about the destructive black sand mining in the municipality of Gonzaga, Cagayan.

Yap said Garcia has the right to write what she thinks is vulgarity or ignorance of the the local officials in the on going mining operations.

“The Supreme Court already issued reprieve on the Cybercrime Law and there is even a possibility to decriminalize libel,” Yap said.

“Why arrest Garcia? Is is libelous to write the truth? Whether it is written in print or online, the people have the right to know the truth. This is an act of harassment not only to media but to an ordinary citizen.”

“I don’t think that the Cybercrime Prevention Law is just passed to stop the people from publishing the illegal transactions in goverment” Yap added.

Yap, former president of the National Press Club (NPC) insisted that if the Cybercrime Law is the basis for Garcia’s arrest,the judge who issued Garcia’s arrest should be reminded that the Supreme Court has issue a 120-day Temporary Restraining Order just recently.

He said Department of Justice (DOJ) Secretary Leila De Lima or anyone who understand the Philippine Law should not let such illegal arrest just pass.

He said anyone wouldn’t miss to see that this is just a simple case of harrassment.

Yap said local officials should be reprimanded and disciplined for the approval of illegal businesses because of “SOP” or standard operating procedure, which benefits the foreigners.

“If a person will be arrested because of writing about this kind of corruption,” said Yap, “this isn’t just media harassment but treachery to your own country.”

Yap said the entire membership of ALAM supports Esperlita Garcia because she boldly campaigned to save our environment.

ALAM also calls the attention of President Benigno Simeon Aquino III and other government agencies to do something to end this problem.

To recall, Malacañang announced on Monday that the cybercrime law may not be relevant to the arrest of Garcia.

However, they are confused how the arrest occurred.

Garcia’s article is placed in online and shouldn’t be charged since a temporary restraining order on Cybercrime Prevention Act of 2012 is already being implementation by the Supreme Court.

On the other hand, ALAM President Berteni Causing said only the judge who issued the warrant can clear the confusions on what is the basis of the arrest for the online publication writer Esperlita Garcia.

Garcia was arrested on Thursday, October 18, for the libel case filed by Gonzaga, Cagayan Mayor Carlito Jr. Pentecostes.

“We are also amazed with the manner of how Ma’am Perling was arrested with no less than the regional director of the NBI Hector Eduard Geologo himself carrying out the arrest warrant against Garcia.”

Garcia was only released after paying the ten thousand pesos bail.

Causing said this may not be a cybercrime protection case but just a simple libel, since only P10, 000 was asked for bail.

He said online libel has the penalty of prision mayor, which is much heavier than the penalties for libel stated in Article 355 of the Revised Penal Code.

He added that Garcia can file a motion for reconsideration in the fiscal’s office or submit a petition for review with the DOJ or file a motion for judicial determination of probable cause.

He even said that if Garcia decided to make an appeal, ALAM is prepared to support her to the best of their ability, particularly in legal counseling.

In Garcia’s online article, she said an anti-mining rally was cancelled last year after experiencing harassments in their activities.

 

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Bayan Muna files 13th petition vs. cybercrime law

Another petition has been added to the list of petitions assailing the constitutionality of several provisions of Republic Act (RA) No. 10175, also known as the Cybercrime Prevention Act of 2012, which was signed into law by Pres. Benigno Aquino 3rd on Sept. 12.

In the petition for certiorari, prohibition and injunction lodged by Bayan Muna Rep. Neri Colmenares, it asked the high court to strike down certain provisions of RA 10175.

These provisions are the following:
a. Sec. 4(c)(4), which criminalizes libel on cyberspace;
b. Sec. 5(a) and (b), which lists “aiding or abetting in the Commission of Cybercrime” and “willful attempt to commit offenses” as additional offenses under the law;
c. Sec. 6, which raises by one degree higher the penalties provided for by the Revised Penal Code for all crimes committed through and with the use of information and communications;
d. Sec. 7, which provides that apart from prosecution under the law, any person charged for the alleged offense covered will not be spared from violations of the Revised Penal Code and other special laws;
e. Sec. 8, which refers to penalties imposed under the law;
f. Sec. 11, which lists duties of law enforcement authorities, including the submission of “timely and regular reports including pre-operation, post-operation and investigation results and such other documents as may be required to the Dept. of Justice (DOJ);”
g. Sec. 12, which authorizes law enforcement authorities to collect or record, by technical or electronic means, traffic data in real-time;
h. Sec. 13, which authorizes the preservation of traffic data and subscriber information of service providers for a minimum of 6 months
i. Sec. 15, which authorizes law enforcement authorities to search, seize and examine computer data;
j. Sec. 17, which provides for the destruction of computer data subject of preservation and examination;
k. Sec. 19, which authorizes the Dept. of Justice (DOJ) to block access to computer data when such data “is prima facie found to be in violation of the provisions of this Act;”
l. Sec. 20, which states that those who fail to comply with provisions of the law’s Chapter IV (Enforcement and Implementation), specifically orders from law enforcement agencies, shall face imprisonment of prision correctional (6 months and 1 day to 6 years) in its maximum period or a fine of P100,000 or both, for each noncompliance;
m. Sec. 21, which states the jurisdiction of Regional Trial Courts (RTC) and designated cybercrime courts over violations of any of the provisions of the law; and
n. Sec. 22 pertaining to international cooperation from all relevant international instruments, international arrangements, and domestic laws in the implementation of RA 10175.

The petition also sought for an issuance of a temporary restraining order (TRO) and the setting of oral arguments.

“[T]he aforequoted provisions of the Cybercrime Statute, as they now stand, ought to be declared unconstitutional for infringing the fundamental right of free speech, for the reason that a facial reading of the law will lead the Honorable Court to conclude that the statute, in present form, does not incorporate the multi-tiered proportionality analysis in free speech doctrine, what more for rapidly emerging doctrine on internet free speech or e-speech,” the 24-page petition stated.

To this date, 13 petitions are now pending before the high tribunal.

These petitions include those filed by Bayan Muna, Kabataan and ACT Teachers party-list groups; Alab ng Mamamahayag (ALAM) party-list; the militant group Bayan; and Sen. Teofisto “TG” Guingona 3rd.

The court last week postponed the deliberation on the petitions because three High Court justices—Lucas Bersamin, Mariano del Castillo, and Diosdado Peralta—skipped the weekly en banc session, prompting their colleagues to postpone deliberations on the petitions until today, October 9. (mtimes)

 

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ALAM asks SC to act swiftly on Cybercrime Law

FOLLOWING mass actions and protests against Republic Act 10175, particularly the inclusion of libel in its provisions, party-list aspirant Alab ng Mamamahayag (ALAM) urged the Supreme Court to take immediate action on their motion for reconsideration for a temporary restraining order on the said law.

In a statement, ALAM national chairman Jerry Yap said that it would be best for the Supreme Court to prioritize in resolving the issue since there is widespread clamor from almost all sectors to repeal R.A. 10175, otherwise known as the Cybercrime Prevention Act of 2012, or else amend it to exclude online libel and a number of other provisions.

“There are several provision that violate freedom of expression, of speech and of the press and are therefore unconstitutional. The unacceptable provisions are cyber libel in Section 4(c)(4), unsolicited advertisement (Section 4(c)(3), the clause that increase by one degree the imprisonment for all crimes under the Revised Penal Code and special penal laws (Section 6), the clause allowing double jeopardy (Section 7), spy provision (Section 12), and blocking clause (Section 19),” Yap said.

He added that the inclusion of libel in the R.A. 10175 should be declared null and void because based on the list of crimes punishable under RA 10175, the nature of libel is outside the nature of the enumerated subject crimes under the Cybercrime Law.

“One big disparity between libel and cybercrimes is that the former is committed by means of publication or making it known to the public while the latter is perpetrated by acts that are in nature hidden.

“Acts constituting any of the cybercrimes are done secretly as in stealing password, computer hacking or gaining access into computer systems or data, stealing PIN codes of computer data, banks accounts and other records for profit.

“On the other hand, libel cannot be committed secretly since it has to be made publicly and one element of such a crime is that it has to be publicized through print or broadcast media,” Yap stressed.

 

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Chasing social media users not a priority, says head of new cybercrime office

Amid fears that social media users will be the target of the Cybercrime Prevention Act, the head of the newly-established Office of Cybercrime under the Justice Department on Thursday said that running after Filipinos who use social media sites will not be their priority.

Critics of the law have said that merely “liking” or retweeting offensive content has become grounds for libel, threatening to create a chilling effect on the Internet.

In a television interview, Justice Assistant Secretary Geronimo Sy said his office would rather go after transnational syndicates than social media users who may have violated the cybercrime law.

“Officially, hahabulin mo pa ba ‘yung mga ganyan? We don’t have enough time to go after the likers or those who tweet. E kung isang libo ‘yan? Or isang milyon ‘yung tweets. We will go after the really bad criminals. ‘Yung ang priority,” Sy told anchor Howie Severino over GMA News TV’s “News To Go.”

He added that it is a “stretch” to say that people who like or share potentially libelous statement online will be tracked down by virtue of the law against cybercrime.

“In the first place, uunahin natin ‘yung nag-post talaga,” he said.

Sy’s office was established by virtue of Section 23 of Cybercrime Prevention Act. It is “the central authority in all matters related to international mutual assistance and extradition,” according to the law.

Online libel ‘worse’

Sy, however, said he believes libel committed online is “worse” than those committed through traditional media.

“Minura mo ang tao sa personal, minura mo sa email, minura mo sa Facebook, what’s the difference? In fact, mas malala pa nga yung minura mo online e, kasi ‘yung pagkalat. Hindi ka na magpi-print. Hindi ka na mag-distribute. Murahin mo na lang tapos fake pa ‘yung account mo. Hindi ba mas malala yun?” he said.

The DOJ official also assured the public that web sites will not be summarily taken down or restricted without proper investigation.

On Wednesday, Republic Act (RA) 10175 or the Cybercrime Prevention Act took effect amid online and legal protests. The law includes a provision on online libel and gives the government authority to access or block certain computer data.

Several petitions have been filed before the Supreme Court questioning the constitutionality of the anti-cybercrime law, which will supposedly curtail freedom of expression and violate people’s rights to privacy.

Hackers

In the same television interview, Sy also condemned the recent hacking of government websites to protest the enactment of RA 10175.

“It [hacking] is a disservice to everyone. Scarce na nga ung resources natin, pahirapan mo pa yung tao na magmaintain ng website. ‘Yung taong kailangan ng impormasyon, denied din,” he said.

He added that his office already has a team of certified cybercrime experts who can track down hackers and other violators of RA 10175.

“Ang tawag sa kanila, white hackers. They are hackers who are on the good side of the law. Hindi sila naninira. They just check kung tama ang proseso. May certification process din sila,” he said. — with Andreo Calonzo/RSJ/HS, GMA News

 

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OMINOUS COINCIDENCE?

By Atty. Toto Causing via FB
Marcos proclaimed martial law on Sept. 21.

P-Noy, the only son of Ferdinand’s victim Ninoy, signed into a law Internet “martial law” on Sept. 12.

See that the number “21″ of Marcos has just been reversed in order by P-Noy that it became “12″?

Does this mean that the spirit of dictatorship is hovering over us now? I don’t believe.

LOOK FURTHER.

Apo Marcos proclaimed the “dark law” in 1972, a year that ends in “2″.

P-Noy signed the “dark law” in 2012, year that endss in “2″, also.

I AM READY TO BE SUED.

(Views/ Comments expressed in this article do not represent those of Pinoy Sniper. The opinions expressed are his own.)

 

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DON’T VOTE FOR SENATORS WHO OKAYED CYBER LIBEL

By Atty. Berteni Cataluña Causing via Facebook
Reject their proxies as well. What freedom with responsibility are you talking about when there is hardly no freedom to begin with?

Wake up, Mr. Edwin Lacierda. Examine again the libel and other provisions of the Cybercrime Act (RA 10175) and use your legal knowledge to apply the “substantial due process test” on rights that are fundamental and inalienable.

Government officials talk about “freedom with responsibility” when they are the likely targets of criticism.

But when they are victims of abuse, corruption and greed, they cry out, “don’t stop us from expressing our dissent!”

It is high time that each of us must accept that THERE IS NO OTHER WAY TO CONFRONT HATE SPEECH — BUT ONLY MORE SPEECH.

We in ALAM partylist group and Hukuman ng Mamamayan Movement, Inc. are confident the Supreme Court will act favorably to our petition to declare cyber libel unconstitutional.

Wake up!

 

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Guingona files petition against cybercrime law

A fresh writ petition has been filed before the Supreme Court (SC) by Senator Teofisto “TG” Guingona seeking to nullify several provisions of Republic Act 10175 or the Cybercrime Prevention Act of 2012.

In his 39-page petition for certiorari and prohibition, Guingona told the high court that the implementation of Sections 4 [c) 4, 5, 7 and 19 of the said law “should not be allowed.”

“A law, to be valid, must apply to all members of the same class. Persons committing libel are similarly situated, whether using a computer system or not,” the petition read.

“As such, there is no justification for the difference in the imposition of penalties under the two statues. Being unduly discriminatory to members of the same class, certainly [this] should be struck down for being violative of the constitutional guarantee against equal protection law.”

He said the law against double jeopardy and the equal protection clause of the Constitution will be violated once the law is implemented.

“If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act,” Guingona explained.

On Wednesday, law professor of the University of the Philippines (UP)—Jose Jesus Disini Jr. and taxpayers Rowena Disini, Lianne Ivy Medina, Janette Toral, and Ernesto Sonido Jr.—lodged their petition asking the SC to hold down the implementation of the provisions for “violating the fundamental rights” enshrined in the 1987 Constitution.

Besides Disini, et al.’s petition, two petitions of businessman Louis “Barok” Biraogo and Party-list Alab ng Mamamahayag have also been filed before the High Court assailing the same provisions of RA 10175. (mtimes)

 

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CYBERCRIME ISN’T LIBEL—ALAM PARTY-LIST

PARTY-LIST group Alab ng Mamamahayag (ALAM) has filed a petition at the Supreme Court asking for a temporary restraining order (TRO) on the implementation of the recently enacted law against cybercrimes.

President Benigno Aquino recently signed Republic Act 10175, otherwise known as the Prevention Act of 2012, which includes online libel in the list of cybercrimes punishable by law.

According to ALAM president Atty. Berteni Causing, there is a need for the TRO because of the transcendental importance of the issue which involves oversweeping and highly-controversial provisions of RA 10175.

“One of these provisions is one loosely called cyber libel that is Section 4 (c)(4) which runs contrary to the fundamental right of freedom of the press and expression as provided for in our Constitution,” Causing pointed out.

Causing explained that their petition for TRO is transcendental because the subject matters—libel online, ‘unsolicited advertisement’ and the sweeping provision upgrading the penalties for crimes under Revised Penal Code and special penal laws committed by the use of Internet—would affect the lives of (millions of) Filipinos.

In actuality, the ALAM president said that the inclusion of libel in the R.A. 10175 should be declared null and void because based on the list of crimes punishable under RA 10175, the nature of libel is outside the nature of the enumerated subject crimes under the Cybercrime Law.

“One big disparity between libel and cybercrimes is that the former is committed by means of publication or making it known to the public while the latter is perpetrated by acts that are in nature hidden,” he disclosed.

Acts constituting any of the cybercrimes are done secretly as in stealing password, computer hacking or gaining access into computer systems or data, stealing PIN codes of computer data, banks accounts and other records for profit.

On the other hand, libel cannot be committed secretly since it has to be made publicly and one element of such a crime is that it has to be publicized through print or broadcast media. (ALAM)

 

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It’s not too late to push the FOI bill—ALAM Partylist

Maaari pang habulin ang Freedom of Information (FOI) Bill sa Mababang kapulungan ng Kongreso kung gugustuhin lamang ng mga mambabatas.

Ito ang pahayag ng grupong Alab ng Mamamahayag (ALAM).

Ayon kay ALAM Chairman Jerry Yap, babalik sa Nobyembre ang mga mambabatas upang ipasa ang 2013 proposed P2.006-trillion national budget.

Kung kikilos umano sila ng mabilis tulad ng ginawa nilang pagkilos upang maipasa ang Cybercrime Law, maipapasa rin ang FOI Bill hanggang Disyembre.

Sana umano ay huwag na itong paabutin pa ng Enero dahil magiging magiging maliit na ang tsansa nito.

Kung totoo umano ang sinasabi ng mga mambabatas na may pagpapahalaga sila sa kanilang mga constituents at sinusunod nila ang matuwid na daang isinusulong ni Pres. Benigno Simeon Aquino III, dapat ay maipasa nila ang FOI Bill.

Ang FOI Bill ay isa sa mga campaign battle cry noong nakaraang eleksyon ng partido ni Pnoy pero dalawang taon na ang nakaraan ay hindi pa rin ito maipasa sa kongreso.

“Kung kaya nilang madaliang ipasa ang Cybercrime Law, dapat, kaya rin nilang ipasa ang FOI Bill,” ani Yap.

“Nagpapatis na ang binagoong na bill na iyan sa Kamara. Sana naman, mapakinabangan na iyan ng mga mamamahayag at mamamayan.”

Idinagdag pa ni Yap na kung ipapasa ang FOI Bill, dapat ay burahin ang Right of Reply (ROR) na isiningit ni Samar Rep Ben Evardone.

Higit kaninuman, si Evardone umano ang nakaaalam na hindi pwede ang hinihingi niyang ROR dahil dati siyang journalist.

“Gamitin na lamang nila ang kanilang PR arm para pabanguhin ang kanilang pangalan at hindi yung inoobliga nila ang mga dyaryistang i-publish ang kanilang side na paulit-ulit lang naman.

Sinabi pa ni Yap na ang lehitimong mamamahayag ay laging ibinibigay ang ‘two sides of the story’ upang mabalanse ang report.

 

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