One of the hottest topics right now is the Cybercrime Law. I need not to further elaborate on the topic because almost all netizens are aware of the issue. Pero we need a deeper knowledge on this Law. That is why I took the time and read the Republic Act Number 10175, or better known as Cybercrime Prevention Act of 2012. Ito ang mga naintindihan ko:
1. You can go to jail sa pangigielam ng computer o cellphone ng iba (Chapter 2 Sec. 4(a)(1))
2. Hacking is bad(we all know that). (Ch 2 Sec 4(a)(2), Ch 2 Sec 4(a)(3), Ch 2 Sec 4(a)(4))
3. Usage of pirated stuffs is covered by this Law (Chapter 2 paragraphs 5(i)(aa))
4. Mga spammers sa e-mail and text(yung mga text na galing sa unknown number advertising loans, houses, etc) is now a crime (Ch 2 Sec 4(c)(3))
5. Online libel – kahit anong tipo ng panlalait sa iba, di mo na pwedeng gawin, maging pagtuligsa sa mga public officials. Kahit sa anong Social networking sites, maging sa sarili mong blog, hindi mo na puwedeng gawin ang mga ito (Ch 2 Sec 4(c)(4)).
Based on the Official Gazette,
“Libel. — The unlawful or 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.” (Source: http://www.gov.ph/2012/09/12/republic-act-no-10175/)
Art. 355. Libel means by writings or similar means. — A libel committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means, shall be punished by prision correccional in its minimum and medium periods or a fine ranging from 200 to 6,000 pesos, or both, in addition to the civil action which may be brought by the offended party. (Source: http://www.chanrobles.com/revisedpenalcodeofthephilippinesbook2.htm#.UGvQnZjA_HY)
Ang penalty ng online libel is prision mayor (6 years and 1 day to 12 years). Mas mabigat pa kaysa regular libel.
6. Kapag sumang-ayon ka (sharing, liking, retweeting) sa kung anumang hindi magandang ipinararating ng isang tao to a natural or juridical person, lagot ka pa rin (Ch 2 Sec 5(a))
What made the online libel even more scary is the insertion of Section 19. “SEC. 19. Restricting or Blocking Access to Computer Data. — When a computer data is prima facie found to be in violation of the provisions of this Act, the DOJ shall issue an order to restrict or block access to such computer data.” (Source: http://www.gov.ph/2012/09/12/republic-act-no-10175/). What does prima facie means? In layman’s terms, any activity that violates the said law(with sufficient and outright evidence) can be used to prosecute an ordinary citizen. So kung tanga ka at kung anu-ano ang pinagpopost mo tugkol sa mayor nyo na tipong madami syang babae,e goodluck na lang sayo. Furthermore, the DOJ has the right to take down your website if they find the site to be in violation of the said law. So, they can block access to your website just for saying “the government sucks”.
Pero kinilabutan ako(literally) nang makita ko na maglalaan ang ating gobyerno ng Fifty Million Pesos (p50,000,000) upang mapatupad lamang ang batas na ito. Fifty million pesos! Fifty million pesos! (Sec 27)
I did not include everything there is to tell sa RA 10175. I only enumerated those that occur very frequent when we are using the internet.
Is it really Martial Law all over again, but this time, digitally? I certainly hope not.
BoyLabaha's Thoughts 2.0 