Give cybercrime law a chance – Belmonte

Carmela Fonbuena

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Wait for the implementing rules and regulations, says the House Speaker

MANILA, Philippines – Speaker Feliciano “Sonny” Belmonte Jr is standing by the Cybercrime Prevention Act of 2012 and called on its critics to wait for the Implementing Rules and Regulations (IRR) before making calls to amend it.

“I believe that we should give the law a chance. The law is not perfect because it is the first law of its kind in our country. Let’s give it a chance, let’s look at the IRR which will be issued to implement the law,” Belmonte said. 

“If there is really a real danger of stifling free speech, let’s look at it and put appropriate safeguards [in the IRR],” he added.

Measures signed into law need rules that will guide implementation. The IRR is drafted by the Executive department.

Media groups, including Rappler, oppose at least two provisions in the new law: 1) the take-down provision that empowers the Department of Justice to shut down web sites that it thinks violates the law, and 2) the inclusion of online libel, which merits a heavier penalty under the new law.

The cybercrime law was passed while Congress has been sitting on measures seeking to decriminalize libel.

Regulation needed

Belmonte maintained that it is “a good law,” noting that it also penalizes child pornography.

“I think all of us agree that there must be some kind of a regulation there…. The Internet grew so fast. All of a sudden it’s a huge thing that it has become a part of our lives. The laws were not able to keep pace with the growth of the Internet and other cyber-processes,” he said.

Belmonte said the take-down provision may be remedied through the IRR. It may limit the types of web sites that the government can take down without a court order, he said.

Regarding online libel, Belmonte allayed fears of the Philippine media that the law would curtail press freedom. The mainstream media, he said, is already covered by an existing libel law. What the new law does, he said, is to expand it to other people posting on the web.

“The only topic of discussion there is the injection of the provision on libel. It is simply to make the same elements of libel that already exists on our law apply also to the cyber-processes. It’s nothing new,” he said.

Belmonte forgot to say that the new law increased penalty for libel — up to 12 years imprisonment — and does not define the crime itself.

Easy to change law

Sought to comment on lawmakers’ statements supporting amendments to the law, he said: “They should have been awake when the bill was being discussed.”

But Belmonte said the appropriate committees may continue deliberating on newly filed amendatory measures.

“The committee can continue to look at it.  Let’s find out first if we need the amendment,” he said.

“Let’s give it a chance. It’s very easy to change it if there is  a real necessity to do so. Without even waiting for the IRR, here we are, we want to change it right away,” he added. – Rappler.com

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