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Government is perplexed. President Benigno Aqino says he can!t nderstand why the
pblic is so angry. A"ter all# what!s wrong with a law that chills "ree speech online#
allows warrantless srveillance o" $nternet tra""ic# and promises specially sti"" %ail
sentences "or &ilipinos who commit crimes sing digital technology or a digital device
'sch as a smartphone()
A law# "rthermore# that allows government to bloc* websites withot warning and
provides no oversight or accontability o" the implementing agencies)
+h# and did $ mention the law!s most repressive provisions were inserted stealthily and
withot any pblic hearings)
$" Aqino seems cleless , he says he!s read the docment at least thrice , citi-ens
are not. Civil society recogni-es Repblic Act ./.01# the Cybercrime Prevention Law#
as a crde and blatant attempt to censor the $nternet and trample the Bill o" Rights. 2he
good news3 barraged by otraged petitions# the 4preme Cort issed a 2emporary
Restraining +rder against the law!s implementation. 2he bad news3 the 2R+ expires in
5anary. 2he worse news3 i" the law ta*es e""ect# sr"ing the $nternet will never be the
same "or &ilipinos. 2hey "ace a srveillance and censorship state in the ma*ing. As
4enator 2eo"isto Gingona $$$ says# the Cybercrime Law is an attempt to dictate what
&ilipinos may and may not see on the $nternet. $t!s also an e""ort to control what they
may and may not say online. Pls# it o""ers law en"orcers exciting new possibilities "or
abse and extortion.
6ow cold sch a draconian law have come into being) 4imple. 7ost o" the contry!s
politicians and leaders neither se nor nderstand the $nternet. Bac* in the .88/s#
$nternet visionary 9icholas 9egroponte already had a term "or these people3 the:digital
homeless.; 6e described this as the part o" the poplation that is neither yong 'who!ve
grown p *nowing nothing bt the 9et( nor elderly 'who have the time to go online(.
<n"ortnately# according to 9egroponte# the digital homeless :tend to be the decision
ma*ers# exectives# and politicians; despite the "act that they :are really ot o" it. 2hey
are not part o" this digital world= they don!t nderstand it.;
2here seem to be three main characters behind RA ./.013 >epartment o" 5stice '>+5(
Assistant 4ecretary Geronimo 4y# 4enator ?dgardo Angara# and 4enator @icente 4otto.
2he law started li"e in Congress as a bill to "ight cybercrimes li*e hac*ing# spam#
destrction# the"t o" data# and child pornography. 4y seems to have given identical dra"ts
o" the bill to at least "or senators# who promptly pt their names to their copies and
sbmitted them as their own withot bothering to change them mch , and apparently
withot nderstanding the contents. Angara delivered the sponsorship speech# becoming
the bill!s padrino.
2he bill was spposed to "ollow an international agreement on speci"ic cybercrimes# the
Bdapest Convention 'by the way# the Philippines is not a signatory(. Bt# in a "it o"
creative legal engineering# it loo*s as i" 4y and congressmen went above and beyond
what the agreement calls "or. 2o cite an example3 the Bdapest Convention has a section
on sa"egards to protect hman rights and liberties ,the Philippine Cybercrime Law
drops that totally. And# where the Convention lists the very speci"ic crime o" :child
pornography#; RA ./.01!s "ramers invented and added a new vage category#
:cybersex;, the :will"l engagement# maintenance# control# or operation# directly or
indirectly# o" any lascivios exhibition o" sexal organs or sexal activity# with the aid
o" a compter system# "or "avor or consideration.; Loo*ing nervosly at the porn stash
in yor smartphone)
$n the "inal stages o" preparation# someone tampered well and trly with the bill!s >9A#
prodcing the patchwor* &ran*enstein creation sent to Aqino "or signing. 2he
Bdapest Convention does not at all mention libel as a cybercrime# bt apparently
4enator 4otto shoehorned it in while his "ellow senators 'Gingona exempted( nodded
or do-ed. 4otto!s insertion was neither easily noticed nor sb%ected to a pblic hearing.
Completing the mtilation# other congressmen threw the entire Revised Penal Code into
the bill# wildly changing the bill beyond the Bdapest Convention!s intended scope.
9obody ob%ected# least o" all 4y. By the way# RA ./.01 calls "or the creation o" a >+5
+""ice o" Cybercrime and an interagency# Cybercrime $nvestigation and Coordinating
Center 'C$CC(. Assistant 4ecretary Geronimo 4y will head the "irst and be a member o"
the second.
Adding inslt to in%ry# rather than brie" the pblic on the act while it was being
legislated# the 5stice >epartment only called "or :pblic consltations; a"ter the bill
had been signed into law. &ortnately# &ilipinos had already been alerted long be"ore
that when 4enator 4otto# smarting "rom online moc*ery o" his speeches# tanted his
detractors by warning them a law on cyber libel was coming. As a reslt# mch o" the
otrage has centered on the Cybercrime Law!s provision on libel# which promises to
create a mess.
9ow# anyone who!s at all sed the $nternet 'and social networ*s in particlar( *nows it!s
ri"e with harsh inslts# moc*ery# badinage# and naghty langage. $t!s the way the
$nternet has always been. 2he Cybercrime Law apparently wants to change all that3 it
empowers anyone and everyone to se at the drop o" the proverbial hat. $" yo!re among
the nearly A/ million &ilipinos sing &aceboo*# yo see those bttons#:Li*e#;
:Comment#; and :4hare;) 4tart treating them with lots o" respect. Wait# maybe
:respect; isn!t the right word , :"ear; is. Becase shold yo happen to se them the
wrong way# those bttons cold land yo in prison.
What# yo as*# is the :wrong way;) 2he concise legal answer to this qestion is# :Bor
gess is as good as mine.; $" yo post a comment on &B abot a celebrity# politician#
neighbor# or even total stranger# that person cold se yo "or libel. $t!s conceivable that
i" someone else ma*es sch a comment and yo share it# yo cold also be sed. What
i" yo neither comment nor share# bt indicate yo :li*e; the comment) Bo cold still
be inclded in the libel sit. 4enator Angara even help"lly sggested that i" enogh
people :li*e; a libelos post# they cold all be charged with conspiracy. 6e said on a 2@
show that :i" yo agree to destroy the reptation o" this person# then that is conspiracy.;
2he Cybercrime Law!s libel provision threatens to nleash a tidal wave o" sits which
cold "lood a cort system already legendary "or its bac*logs# delays# and corrption. $"
yo!re accsed o" cyber libel# even i" yo eventally beat the rap# in the process yo!ll
still be "orced to spend time and money "ighting the case# a process that cold ta*e
years. $n the Philippines# libel has always "avored the rich and power"l.
Libel aside# there!s also the "act that the Revised Penal Code has been "olded into the
Cybercrime Law. 4hold RA ./.01 come into e""ect# any crime committed with the aid
o" in"ormation and commnications technology '$C2( will incr a mch harsher %ail
sentence than the same crime committed with noCtech. Charged with the"t) 2respassing)
?sta"a) $" yo happened to have sed digital tech dring those crimes 'a call on yor
iPhone) An email)( yor possible %ail sentence will be increased. Pls# yo cold "ace a
separate charge "or :misse; o" the device. And# by the way# every &ilipino# no matter
where in the world he or she happens to be# is covered by the Cybercrime Law and can
be sed at a low level Regional 2rial Cort here.
$ronically# the Cybercrime Law will certainly not stop yor *ids "rom accessing porn#
visiting banned content# or inslting each other. $nternet sers have a variety o" ways to
circmvent bloc*s and it!s dobt"l Aqino# Angara# and 4otto *now abot
soc*pppets# "a*e acconts# proxies# spoo"ers and tnnels. ?ven banning websites will
not wor*# not when the contents can simply displace to another site# or millions o" other
channels 'the term "or this is the 4treisand ?""ect(. Assistant 4ecretary 4y# in one "orm#
pointed to sites that give instrctions on how to bild $mprovised ?xplosive >evices
'$?>s( as pages that cold be bloc*ed. A Google search :how to bild $?>s; yields .D
million reslts. Will the government bloc* them all) Will it bloc* Google) $"
government proposes to give s China!s repressiveness# sholdn!t it at least also give s
China!s economic growth)