Professional Documents
Culture Documents
http://sc.judiciary.gov.ph/jurisprudence/2012/october2012/203299.pdf
http://www.cmfr-phil.org/2014/02/18/supreme-court-declares-key-cyber-crime-lawprovisions-except-libel-unconstitutional/
https://lalaordenes.wordpress.com/tag/republic-act-no-10175/
http://www.scribd.com/doc/109455216/Temporary-Restraining-Order-against-TheCybercrime-Prevention-Act-of-2012
151 googleplus1
MANILA, Philippines (Xinhua) - The Supreme Court (SC) today declared constitutional several provisions in
Republic Act 10175 or Cybercrime Law including the one that penalizes online libel.
Supreme Court spokesman Theodore Te told reporters in a press briefing that the online libel provision in the
Cybercrime Law is constitutional with respect to the original author of the post.
The High Court, however, did not allow penalties for those who simply receive the post or react to it.
The SC also declared constitutional a provision on aiding or abetting in the commission of cybercrime such as
illegal access, computer-related fraud, computer-related identity theft, and cybersex
The High Court, however, declared unconstitutional the power of the Department of Justice to take down
computer data.
Other provisions that were ordered scrapped by the SC for being unconstitutional are those that pertain to
penalties for posting of unsolicited commercial communications and that which authorizes the collection or
recording of traffic data in real-time.
The SC extended indefinitely the TRO on the implementation of the Cybercrime Law before the 120-day TRO
lapsed on Feb. 6 last year.
http://www.philstar.com/headlines/2014/02/18/1291891/update-sc-declares-lawonline-libel-constitutional
Citation
Territorial extent
Philippines
Enacted by
Date enacted
June 4, 2012
Enacted by
Date enacted
June 5, 2012
Date signed
Signed by
Date commenced
October 3, 2012[note 1]
Legislative history
Philippines
Bill citation
Bill published on
February 9, 2012
Introduced by
First reading
Second reading
May 9, 2012
Third reading
June 4, 2012
passed
Committee report
Bill citation
Bill published on
May 3, 2011
Introduced by
Edgardo Angara
First reading
May 3, 2011
Second reading
Third reading
June 5, 2012
passed
committee
Keywords
Status: In force
The Cybercrime Prevention Act of 2012, officially recorded as Republic Act No. 10175, is a law in
the Philippines approved on September 12, 2012. It aims to address legal issues concerning online
interactions and the Internet in the Philippines. Among the cybercrime offenses included in the bill
are cybersquatting, cybersex, child pornography, identity theft, illegal access to data and libel.[1]
While hailed for penalizing illegal acts done via the Internet that were not covered by old laws, the
act has been criticized for its provision on criminalizing libel, which is perceived to be a curtailment in
freedom of expression.
On October 9, 2012, the Supreme Court of the Philippines issued a temporary restraining order,
stopping implementation of the Act for 120 days, and extended it on 5 February 2013 "until further
orders from the court."[2][3]
On May 24, 2013, The DOJ announced that the contentious online libel provisions of the law had
been dropped.[4]
On February 18, 2014, the Supreme Court ruled that section 5 of the law decision was constitutional,
and that sections 4-C-3, 7, 12 and 19 were unconstitutional.[5]
https://en.wikipedia.org/wiki/Cybercrime_Prevention_Act_of_2012#History
The Supreme Court scheduled the same amount of time on 15 January 2013 for oral arguments by
the petitioners, and on 22 January by the Solicitor General. [20] On 5 February 2013 The Supreme
Court extended the temporary restraining order on the law, "until further orders from the court." [2][3]
On August 2013, the Supreme Court issued a resolution ordering that the controlling title of the
Cybercrime Case will be "Jose Jesus M. Disini Jr. et al. v. Secretary of Justice, et al."