As we all know, last September 12, 2012 will always be remembered as the dreadful day Filipino Netizens are forced to keep silent as that was the day Noynoy Aquino signed Anti Cyber Crime Law or now known as RA 10175.
What is RA 10175?
RA 10175 is “AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION, SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES” or better known as “Cybercrime Prevention Act of 2012“. Enacted into law last September 12, 2012 by no other than but the same person who hate being criticize Noynoy Aquino.
I’m not really against the rectification of RA. 10175, most especially if we discuss the provisions regarding Cyber Sex and Child Pornography. I’m only against in the Libel part which is in Chapter 2 Section 4. Upon the stealthy insertion of Libel into RA 10175, this became dangerous as this will surely be abused by those who are in power to silent everyone in the net who are against them.
What is Libel?
Libel is defamation committed by “means of writing, printing, lithography, engraving, radio, phonograph, painting or theatrical or cinematographic exhibition, or any similar means.”
There is a requisite before it is declared as libelous. “For an imputation then to be libelous, the following requisites must concur: it must be defamatory; it must be malicious; it must be given publicity; and the victim must be identifiable.
Any of the imputations covered by Article 353 is defamatory and, under the general rule laid down in Article 354, every defamatory imputation is presumed to be malicious, even if it be true; if no good intention and justifiable motive for making it is shown. There is malice when the author of the imputation is prompted by personal ill-will or spite and speaks not in response to duty but merely to injure the reputation of the person who claims to have been defamed. Truth then is not a defense, unless it is shown that the matter charged as libelous was made with good motives and for justifiable ends. However, malice is not presumed and must be proved, under the following exceptions provided for in Article 354, viz.: a private communication made by any person to another in the performance of any legal, moral or social duty; and a fair and true report, made in good faith, without any comments or remarks; of any judicial legislative or other official proceedings which are not of confidential nature, or of any statement, report or speech delivered in said proceedings, or of any other act performed by public officers in the exercise of their functions. The privileged character of these communications is not absolute, but merely qualified since they could still be shown to be malicious by proof of actual malice or malice in fact. The burden of proof in this regard is on the plaintiff or the prosecution.” – http://wiki.lawcenter.ph/index.php?title=Libel
Actually, there are more important bills to be signed or enacted than this one, one of these is the Freedom of Information Bill which is still not enacted for some who knows what reasons.
I don’t want to speculate, but for what I am thinking this will surely affect those Netizens, especially those bloggers, amateur and professional who are critical to the government. As what Creative Manila posted in Facebook: “Brace yourself, [that law] will kill INTERNET FREEDOM OF EXPRESSION IN THE PHILIPPINES! e-MARTIAL LAW IS [NOW] UPON US! http://www.gov.ph/2012/09/12/republic-act-no-10175/ Chapter 2 Sec.4”
Wait, I just repost something critical to someone (religion), am I now libelous?
One more thing, today is the commemoration of the declaration of Martial Law. The day Philippines known to be the first democratic state became dictatorial by Ferdinand Marcos. How ironic it is that while we remember the declaration of Martial Law we also will remember the so called e-Martial Law of Noynoy Aquino. The son of Ninoy Aquino, who fights and died for freedom and allegedly assassinated by Marcos, the person who gave power to military ruling, will pass a law that will suppress the right of expression and speech.
What is Proclamation No. 1081?
Proclamation No. 1081 was the declaration of martial law in the Philippines by President Ferdinand E. Marcos. Once in effect, it covered the entire republic on September 21, 1972. It was announced to the public two days later.
Under the pretext of a staged assassination of his former Defense Minister Juan Ponce Enrile (now Senate President) and an ensuing communist insurgency, Marcos ruled by military power through martial law, altered the Constitution in the subsequent year, made himself both Head of State as President and Head of Government as Prime Minister, manipulated elections and the political arena in the Philippines, and had his political party–Kilusang Bagong Lipunan (KBL) (English: New Society Movement) control the unicameral legislative branch of government called the “Batasang Pambansa“. All these allowed Marcos to remain in power.
The proclamation was actually signed on September 17, but was postdated four days later on September 21 because of Marcos’ superstitions and numerology beliefs. Marcos formally announced the proclamation two days after at midnight on September 23, 1972 via live national television broadcast.
Martial law was lifted by President Marcos on January 17, 1981.
Now, I ask, how ironic is this?
Republic Act 10175, enacted September 12, 2012.
Proclamation No. 1081, enacted September 21, 1972.
And both laws have the ability to silenced those who are so critical to the people who are in power.
To summarize all, Republic Act No. 10175 is for the killing (silencing) of the Filipino Netizens.
- Republic Act No. 10175 (gov.ph)
- Proclamation No. 1081 (wikipedia.org)
- Black Tuesday : Today I Mourn For My Freedom (darcxed.wordpress.com)
- RA 10175: A Marcosian Move .Statement of the Burgos Media Center on the Enactment of ‘Cyber crime prevention act’ (burgosreport.wordpress.com)
- Cybercrime law repressive for online activism – militants (mindanews.com)
- Media groups: Cybercrime law repressive (newsinfo.inquirer.net)
- Cybercrime Prevention Act of 2012: Also Created To Fight Bloggers? (dalubhasangpinoy.wordpress.com)