MHC: Repeal Cybercrime Act

The Migrant Heritage Commission (MHC) has demanded the repeal of the highly controversial Cybercrime Prevention Act of 2012 (RA 10175) citing that it is unconstitutional and impedes the democratic right to free speech.

Signed into law by Pres. Benigno Aquino III on September 12, 2012, this latest Philippine legislation increases punishment for criminal libel and gives authorities unchecked powers to shut down websites and monitor online information.

MHC, a non-profit organization based in Washington DC serving immigrants in the US, said in a press release that this law is a step backward to the advancements of information technology that has created a vibrant popular opinion on social, personal, and political issues.

“We have reached the time when people are able to communicate and exchange views on personal and social issues that affect them, and are enjoyable as much as it is socially empowering.  The healthy exchange of information and opinions are tenets of development and democracy.  This new law once again reminds us of the intolerant and greediness of those in political positions.  It must be repealed,” said Arnedo Valera, MHC co-executive director and human rights and immigration lawyer.

The Cybercrime Prevention Act takes effect Wednesday, October 3, 2012 but protests from individuals and groups in and outside the Philippines have just begun.

Lawyers and various human rights groups in the Philippines have filed restraining orders before the Philippine Supreme Court.

MHC’s Valera said the greedy power brokers of the Philippines have now targeted social media which has emerged to be politically powerful. “This is unconstitutional and anti-development and must be stopped.”

The Restraining Order filed by lawyers Ellen Tordesillas, Harry Roque, and Alexander Adonis and others urged the Supreme Court to declare Sections 4 (c) [4], 5, 6, 7 and 19 of the RA 10175, unconstitutional and a violation of the Bill of Rights which states that “No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances”...that Section 6 of R. A 10175 violates the equal protection clause, of the constitution since it arbitrarily increases the penalty imposed on “cyber libel” punishable with from six months and one day to 12 years as compared to the penalty for ordinary libel which is punishable with six months and one day to four years.

Roque said that the Philippines is one of a shrinking number of countries where defamation remained a crime punishable by prison.  “It goes against the trend in many advanced democracies such as the United States and Great Britain where defamation is now punished with fines rather than imprisonment,” he was quoted as saying.

MHC lauded Sen. Teofisto Guingona as the only senator who opposed the new law.