Cybercrime prevention act CFBJ, bloggers join calls to amend law

CEBU, Philippines - A congressional aspirant, group of reporters, and bloggers have joined the crescendo of voices seeking to amend the newly approved Cybercrime Prevention Act because of its e-libel provision.

"The law was haphazardly done. There is even something wrong with the phrase 'cybercrime offenses' in the law," said lawyer Aristotle 'Totol' Batuhan, former undersecretary of the Department of Transportation and Communication (DOTC).

The Cebu Federation of Beat Journalists (CFBJ) also passed a resolution yesterday urging Congress to revisit the online libel provision of the law. The Cebu Bloggers Society even filed a petition for certiorari and prohibition with application for the issuance of a temporary restraining order against the new law before the Supreme Court.

"Bloggers and netizens – citizens who have and who actively use their internet access – raise the alarm over a newly-signed and newly-enacted law violating their individual and collective rights, and destroys the idea and reality of the Internet as an open public forum and marketplace of ideas," said Ruben Licera, Cebu Bloggers Society president.

Batuhan, 46, who is seeking a congressional seat in the south district of Cebu City, said he is for the amendment of the law. To show his opposition to the newly approved Cybercrime law, Batuhan even wore a black shirt with prints “No to e-libel” when he faced members of the media after he filed his certificate of candidacy last Friday.

"I was surprised to read the provision on libel online or e-libel when the law was approved by the bicameral committee. The libel provision was not included in the earlier version. And it was clearly not well-thought out. I hope that with the nationwide outburst of protests, the law would be amended before the end of 2012. It does not have to reach the next Congress," said Batuhan.

According to him, the Cybercrime Law should be a reminder to voters that the Philippine Congress needs more legislators who understand the new world of social media, Facebook, Blogs, and Twitter. He added that Congress should not be a place for members of the committee on silence.

Meanwhile the CFBJ, which is composed of the presidents of the different beat organizations, approved a resolution en masse urging Congress to amend the controversial law.

CFBJ president Elias Baquero said that one of the provisions of the law is discriminatory to the members of the media.

He cited Section 19 which gives the Department of Justice the authority to close a website even without court order.

Under Section 19 (Restricting or Blocking Access to Computer Data), it said that “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.”

"Our position is that, there must be court order in order that there will be due process. There must be enough evidence or convincing evidence for the court to order that a website shall be closed. Second, the Revised Penal Code has lesser penalty for violations than Cybercrime Act. Third, there is a pending bill decriminalizing libel law. Therefore, there's a need to amend the Cybercrime Act to harmonize the three," said Baquero in an interview.

He said it will also in a way affect writers who are members of CFBJ because newspapers are read online.

"Kay ang mga news sa Sunstar, The Freeman ug Cebu Daily News ibutang man pud sa website. Unya kon ang mokiha mogamit sa Cybercrime Act?

Taas og silot (News in Sunstar, The Freeman and Cebu Daily News are published online, if somebody files a case using Cybercrime Act the penalty would be higher)," he said.

Section 8 of the Cybercrime Prevention Act states that any person found guilty of any of the punishable acts enumerated in this law “shall be punished with imprisonment of prision mayor” or a fine of at least P200,000 up to a maximum amount commensurate to the damage incurred or both. –/FPL (FREEMAN)