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8/21/2019 Legal Research Article
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“Cybercrime Prevention Act of 2012”: Still a Good Law
Last Tuesday as I was checking my social networking accounts, my
newsfeed was flooded with posts regarding the “Cybercrime Prevention Act of
2012” which took effect the following day (October 3, 2012). Most of my friends
called out for a black-out protest. At first, I thought that the network is having
a problem due to their black profile pictures and cover photos as well as hidden
statuses and comments. But indeed it was actually a protest against the said
law.
Out of curiosity, I allocated a bit of my time reading the new law before
making any comment about it. It provides specific guidelines on the prevention,
investigation, suppression and the imposition of penalties for cybercrimes.
Cybercrimes are describe as follows – illegal access, interception, data and
system interference, identity theft, cybersex, “cyber-squatting” or the
misleading acquisition of internet domains, child pornography, and online
libel. For me it is a good law as it will aid the law enforcers in solving
cybercrimes which are drastically present in our society today such as
cybersex, child pornography, identity theft and even cyber bulling. This could
also boost our economy most especially in the field of IT and E-Commerce as
investors now can feel the security in electronic transactions. Hackers can now
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be prosecuted for their undesirable acts. It is also good to know that cyber
legislation is responsive to emerging technological advancements in our society
today.
In every rule there is always an exception. I come across one provision
which I think is oppressive. It is the insertion of online libel in the list of
dangerous cybercrimes which would fundamentally affect and alter the
implementation of the said law. Section 4 (4) of the Cybercrime Law provides
that"The unlawful and prohibited acts of libel as defined in Article 355 of the
Revised Penal Code, as amended, committed through a computer system or any
other similar means which may be devised in the future." Libel is a content-
related offense that can be committed by anybody using the computer. It has
the penalty of prision mayor which ranges from 6 years and 1 day to 12 years in
prison. I find it inequitable due to the fact that online libel has a greater
penalty compared to the usual media which has the imprisonment of up to 4
years and two months only. There is also a vague definition of what constitutes
libel which I think is unfair to us. In my opinion, that provision about libel
needs amendment or even to strike it out in order to implement the remaining
good provisions as it is for the benefit of our nation.
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Article III, Section 4 of the Philippine Constitution 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 grievances.” Although many of us think that it deprives us of our
freedom of expression, I still believe that it is not intended that way. I consider
it as a guiding principle that we must be responsible in our actions not only in
cyberspace but in all occasions wherever we may be. We should always
remember what Article 19 of the Civil Code of the Philippines is trying to imply
to us as human being that“Every person must, in the exercise of his rights and
in the performance of his duties, act with justice, give everyone his due, and
observe honesty and good faith.” It is on how responsible and disciplined you
are that is always the bottom line. It is not in the law, it is in the people. As
Buddha once said,"Whatever words we utter should be chosen with care for
people will hear them and be influenced by them for good or ill."
Julie Ann Mae Pajo
LLB 1 EH 301
Legal Research
Atty. Jose Glenn Capanas
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