FREEDOMS ARE VIOLATED,
INTEGRITY IS UNDERMINED
INTEGRITY IS UNDERMINED
UP ALYANSA calls for the repeal of the unjust and repressive provisions Cybercrime Prevention Act
(Republic Act 10175).
(Republic Act 10175).
The internet and cyberspace has become a powerful human innovation; it is an avenue of empowerment. It has become a medium for social interaction and for individual & collective expression. It is here that we are free to disseminate information, voice our grievances, and campaign for our advocacies. This basic freedom centres on several liberties such as conditions of anonymity, privacy, and unrestricted speech but also on safeguards such as protection from false information, responsible communication, and legal security. It is government’s responsibility to uphold this freedom by maintaining liberties and ensuring adequate safeguards. As simply put in our Bill of Rights, “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.”
Republic Act 10175 is the Cybercrime Prevention Act of 2012. It seeks to protect the integrity of cyberspace from all forms of misuse, abuse, and illegal practice. In this act, the State recognizes the importance of cyberspace and of those who exercise their freedoms and responsibilities here. It criminalizes acts and offenses that are harmful to individuals who participate in cyberspace. However, the State has made errors in several provisions of the Act that may cause more harm to the cyber-community than any harm that it seeks to prevent.
The Enforcement and Implementation Provisions in the Act allow for collection, seizure, destruction and even restriction or blocking of computer data. These give additional police powers to the government and present potential opportunities for abuse. This legislation imposes prior restraint in expressing and voicing their sentiments and allows the state to censor certain information. This abridges our Freedom of Speech and limits us from practicing our rights in what should be a democratized space. Aside from these, such provisions infringe on our privacy by allowing the state to access, block, and destroy sensitive and personal information. This inhibition of our rights and freedom is unacceptable.
The Penalties and Liable Offenses are also quite severe and imposing. For most offenses that are already criminalized, the punishments are upgraded. The Constitutional protection against double jeopardy prohibits prosecution on the same charge following a conviction or trial. Clearly, when there are two laws, the Act and the RPC, punishing the same act, the "offender" being subjected to double jeopardy is not remote. This possibility of double jeopardy is unconstitutional and grossly unjust.
The inclusion of libel as an offense is an especially problematic provision. Our laws on libel were enforced during the American Period as a means for suppression. They are unclear and controversial and present more opportunities for abuse. This libel provision greatly reduces our ability to voice our grievances and dissenting opinions regarding persons and entities alike. In these aspects, the Cybercrime Prevention Act can be repressive and strip us of the freedoms and justice that we now enjoy.
In spite of these problems, we recognize the State’s responsibility and attempts to maintain certain safeguards and protections. The further criminalization of fraud, identity theft, and misinformation in this Act must be retained; the government must also continue to strengthen provisions that penalize cybersex, child pornography, and other cyber- or computer-related offenses that will undermine the integrity of cyberspace in general. As these measures are provided in the Act, they must be given greater focus over provisions that undermine our Freedom of Expression. There must also be call for responsibility among netizens when it comes to behaviour in the cyberspace. The State must facilitate and empower its citizens while being cautious not to impede on our freedom and liberty.
We call for our legislators to review this act and revise its unjust provisions. We must take necessary measures, such as amendatory laws to correct the existing injustices and unconstitutionalities present. We must support the laws and provisions that dispense true justice and ensure the security of cyberspace. We also ask our fellow Iskolars Para sa Bayan to keep a vigilant watch over matters such as this, especially when our freedoms are violated and when integrity is undermined.
Repeal the unjust and repressive provisions of the Cybercrime Act!
