Angara confident SC will uphold cybercrime law

MANILA, Philippines – The author of the Cybercrime Prevention Act of 2012 said the temporary restraining order (TRO) issued by the Supreme Court on Tuesday, October 9, is a “necessary pause” that would allow people to think about the benefits of the law. But he expressed confidence the High Court would still uphold its constitutionality.

Sen Edgardo Angara, author of Republic Act 10175, conceded the High Court may nullify some of the provisions of the Cybercrime law.

“They may find some provisions vague or maybe unnecessary,” he said. “They may strike down those provisions. But I don’t think they will ever strike down the law.”

The Department of Justice, the body tasked to implement the law along with the Philippine National Police, the Department of the Interior and Local Government, and others, said it will respect and abide by the TRO.

Justice Secretary Leila de Lima told reporters they will present their side to the High Court — when necessary.

“We will present the arguments outlined in the historic forum on cybercrime earlier formally before the high court in due time. Our advocacy for a safe cyberspace and interdiction of organized crime will continue,” she said.
 
Fifteen petitions have been filed against the law, all of whom moved for the nullification of sections 4(c)4, 6, 7, 12, 14, 15, 19, 20. Sec. 4 (c) 4 cover online libel, while sections 6 and 7 increased penalties for crimes under the Revised Penal Code; sections 14 and 15 allow law enforcement agencies to collect traffic data, while Sec. 19 authorizes the Department of Justice to block or restrict access to sites that contain harmful content based on prima facie evidence. Section 20 states penalties for noncompliance.

Angara said he is open to amending the law, particularly the provisions on higher penalties and the so-called “takedown clause,” but said the online libel provision should stay. – Rappler.com