Lawmaker asks SC to nullify cybercrime law
MANILA, Philippines - A lawmaker asked the Supreme Court on Monday, October 8, to block the implementation of the Cybercrime Prevention Act of 2012, saying that under the law, Edsa I and II - massive protests that toppled the government twice in 1986 and 2001 - would not have happened.
Bayan Muna Rep Neri Colmenares said Republic Act 10175, or the Cybercrime law, penalizes violations as "archaic" as inciting sedition by spreading messages that "tend to stir up the people against lawful authorities.” He added that those who have "libelous" messages against the government could be imprisoned from 6 years-12 years - the penalty specified under the Cybercrime law for libel.
This is the 12th petition filed against the cybercrime law. The High Court is expected to take up the petitions on Tuesday, October 9.
Colmenares also asked the High Court to nullify 14 other provisions of the law, which took effect on October 3. Aside from Section 4 (c) 4 which covers libel, Colmenares also said the following parts of the law violate constiutional rights to freedom of expression and speech, due process, equal protection, the right to privacy and correspondence, and the right against unreasonable searches and seizures:
Section 5(a), 5 (b), which penalizes "aiding or abetting" in the commission of cybercrimes, and Section 8, which specifies the corresponding punishment for the said offense.
Sections 6 and 7, which increase the penalty for crimes under the Revised Penal Code and special laws to one degree.
Section 11, which outlines the duties of law enforcement authorities and Sections 12, 13, 15, 17 and 19, which cover the collection, destruction, search, seizure of computer data.
Section 20, which states penalty for noncompliance of provisions under Chapter IV (the whole chapter tackles the implementation of the Cybercrime law).
Sections 21 and 22, which specify the jurisdiction of the law and mandate the use of international instruments for the investigation of offenses.
Colmenares also sought a temporary restraining order to prevent the government from implementing the RA 10175. - Rappler.com
More on the Cybercrime law:
- Palace: TRO signal to amend cybercrime law
- The road to the Cybercrime Prevention Act of 2012
- SC stops cybercrime law, issues TRO