8/10/2019 Eff.org-Philippines New Cybercrime Prevention Act Troubling for Free Expression

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Philippines' New Cybercrime Prevention Act Troubling for Free

Expression

In the Philippines, where the Internet is free from censorship, President Benigno Aquino III recently signed into la

the Cybercrime PreventionAct of 2012, a troubling development for free expression.

The Act, available onlinein English, covers a range of "offenses, from the access of any part of a computer

system without right to data interference (including the transmission of viruses) and cybersex, but it is primarily

the provisions on libel that trouble rights activists in the country. As the National Union of Journalists of the

Philippines wrotetoday:

...the Cybercrime Prevention Act actually broadens the scope of a libel law so antiquated and

draconian that the United Nations Human Rights Council itself declared it excessive and called on

the Philippine government to review the law with the end of decriminalizing libel.

According to a prominent Philippines blogger, the libel provision was inserted into the Act by a Senator without

any public hearing on the matter. The Senator, Vicente Sotto III, has said that introducing Internet libel laws would

make people more cautious online.

The countrys existing Revised Penal Code (Article 355) prohibits libel by means of writing, printing, lithography,

engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means

with a punishment of correctional imprisonment, a fine of 200 to 6,000 pesos (approximately 5-150 USD), or

both, in addition to any civil action brought by the offended party. The United Nations Human Rights Council

(UNHRC) has determined that the criminal sanctions imposed on those accused of libel are incompatible withArticle 19, paragraph 3 of the International Covenant on Civil and Political Rights (ICCPR).

Also troubling is the fact that, in the Philippines, libel cases are determined not on the basis of what the writer of

the alleged libel means, but what the words used by him mean, leaving room for interpretation. This is based on

the following case law:

Words calculated to induce suspicion are sometimes more effective to destroy reputation than

false charges directly made. Ironical and metaphorical language is a favored vehiclefor slander. A

charge is sufficient if the words are calculated to induce the hearers to suppose and understand

that the person or persons against whom they were uttered were guilty of certain offenses, or aresufficient to impeach their honesty, virtue, or reputation, or to hold the person or persons up to

public ridicule. . . . [Lacsa v. Intermediate Appellate Court, 161 SCRA 427 (1988) citing U.S. v.

O'Connell, 37 Phil. 767 (1918)]

At the same time, another bill (Senate Bill No. 3244) currently pending in the Senate Committee aims to

decriminalize libel, noting the UNHCRs prescription.

EFF is gravely concerned about the implications of the libel provision in the Cybercrime Act and supports local

ournalists and free expression advocates in opposing it.

http://www.senate.gov.ph/lis/bill_res.aspx?congress=15&q=SBN-3244http://raissarobles.com/2012/09/18/who-inserted-that-libel-clause-in-the-cybercrime-law-at-the-last-minute/http://www.nujp.org/2012/09/cybercrime-law-threatens-freedom-of-expression/http://opennet.net/research/regions/asiahttp://www.abs-cbnnews.com/nation/09/15/12/aquino-signs-cybercrime-prevention-acthttps://www.eff.org/https://www.eff.org/deeplinks/2012/09/philippines-new-cybercrime-prevention-act-troubling-free-expressionhttp://www.senate.gov.ph/lis/bill_res.aspx?congress=15&q=SBN-3244http://raissarobles.com/2012/09/18/who-inserted-that-libel-clause-in-the-cybercrime-law-at-the-last-minute/http://www.nujp.org/2012/09/cybercrime-law-threatens-freedom-of-expression/http://www.gov.ph/2012/09/12/republic-act-no-10175/http://www.abs-cbnnews.com/nation/09/15/12/aquino-signs-cybercrime-prevention-acthttp://opennet.net/research/regions/asiahttps://www.eff.org/deeplinks/2012/09/philippines-new-cybercrime-prevention-act-troubling-free-expressionhttps://www.eff.org/