MEMBERS of the Bloggers and Netizens for Democracy (Band) yesterday said they will join other petitioners in filing a motion for partial reconsideration on the Supreme Court’s (SC) recent ruling on the cybercrime law.
They are hopeful the court would come up with a fair ruling this time as the country celebrates the 20th birthday of the Philippine internet on March 29.
Some 15 petitions will be filed before the SC next week, said Tony Cruz of Band during the anti-cybercrime law discussion sponsored by Cebu Bloggers Society at the Global Hub Services office at the Keppel Tower.
Cruz said most of the petitions seek to void either partially or entirely the cybercrime law. Petitioners include lawyers and activists, bloggers and netizens, journalists and members of Congress, students and faculty.
The discussion was meant to create awareness of the cybercrime law in Cebu, the first city in the country to be connected to the internet, specifically the University of San Carlos-Talamban.
“We hope that as we celebrate the 20th birthday of the Philippine internet, malaya pa rin ang (paggamit) ng internet,” said Cruz. “We hope the country would preserve the five basic principles of Internet freedom: expression, access, openness, innovation and privacy, and not endanger or threaten it.”
According to Cruz, most, if not all, the petitions against the cybercrime law point out its “vague and overboard character and wording.”
“The fear is that many provisions could be used against legitimate internet activities,” he said.
Law
President Benigno Aquino III signed the Cybercrime Prevention Act on Sept. 12, 2012. On Oct. 9, 2012, the SC released a 120-day temporary restraining order against the implementation of the Cybercrime Law, pending 15 petitions filed by various groups.
On Feb. 5, 2013, the high court extended the TRO indefinitely. On Feb. 18, the SC released its ruling.
While the court voided provisions on warrantless real-time data spying, arbitrary taking-down of websites, and double jeopardy, the 16-member organization in a statement said the court “has ‘unfinished business’ to settle in order to protect citizens’ basic right to free expression, whether offline or online.”
Cruz said they want cybersex and online libel removed. They want the Philippine online libel law to “be decriminalized and not be promoted or expanded in any way.”
Cruz, also added the law is “clearly a disincentive” for developers of applications, hardware and software since they are normally given the widest latitude of freedom.
“It’s weird that there’s a law that would criminalize certain parts of their work. Its unfair,” he said.
Constitutional
The Supreme Court ruled that the controversial provision on online libel is constitutional, but is subject to one condition: only the original author, not those who simply receive or react to the post, can be penalized.
As discussions of the cybercrime law continues, Cruz advised netizens to still continue to blog and comment on issues, and expressed support on the Magna Carta for Philippine Internet Freedom.
Senator Miriam Defensor Santiago and Senator Paolo Benigno “Bam” Aquino IV earlier proposed to pass the Magna Carta for Philippine Internet Freedom that will guarantee rights of Internet users. (KOC)