CYBERCRIME LAW: AN ACT FOR PROTECTION OR A HINDRANCE FOR EXPRESION?

A.L Nepomuceno

Our country is now recognized as social media capital of the world with millions of users everyday. It is easier for us to connect nowadays. We spend so much time on staying online, doing variety of things like using facebook, twitter, instagram, chat, email, playing online games, watching videos, etc.. It seems that all things which will keep away ourselves from boredom can be found on internet. The social media is now playing a very significant role in our lives. It keeps us connected with our friends, families, or whoever we want even with miles of distance apart. It keeps us updated with the happenings around the world. We can get in touch with our favorite celebrities and icons. We can involve ourselves in social discussions worldwide and in our countys greatest topics that concerns every Filipinos. It is the worlds largest form of social interactions. By means of internet, we can express ourselves, our views, and opinions about everything under the sun. But of course, positives are not the only thing that exists on this. Great things will always be worst when bad people start to get in their way. The World Wide Web has lots of advantages for us, but the question is, Is it safe? We are all aware that many people have been already a victim by means of internet. It is being used to violate some of our human rights. Some violations are just libels and identity thefts, but other cases have almost ruined the lives of the people involved. And because of the growing number of crimes that is related to cyberworld, our government had passed into law the Cybercrime Prevention Bill. Last October, the Republic Act 10175 which is obviously the Cybercrime Prevention Law has been already implemented - An act defining cybercrime, providing for prevention, investigation, suppression and the imposition of penalties therefore and for other purposes. The main purpose of this law is to penalize illegal acts done via internet and to keep out those bad people who use the cyberworld to succeed their crimes. They are the people who are liable of online prostitution, child pornography, cybersex, hacking or illegal access of computer data, programmers of computer viruses, cyberbullying, identity thefts, illegal publishing of files, online libel, and the likes. The act has universal jurisdiction. Its provisions are applicable to all Filipino nationals regardless of the place of commission. This law will surely offer a protection for every Filipino in online community. Each of us might be a subject for cyber crimes. At least for now, we have this assurance that we can sue anyone who violates us in the cyberworld. But despite the protection that we can have which is provided in this law, many netizens, social media users, bloggers, and journalists oppose this. It is because of the libel clause that is included into it s provisions, which is said to make it so unreasonable and unconstitutional. Many have said that this part is so vague and it violates our freedom of expression. Some called it as cyber martial law and they even changed their profile pictures into plain black as a sign of protest. For example, if you say negative comments against any government officials, you may be sued as well as when you like, share, or retweet any status or post which is considered libelous. Also, it may get you in trouble when you lend a charger to someone who will use his laptop to post a statement via internet against

anyone. The department of justice also has the authority to block your facebook or any of your accounts when they found contents in contrary with the provisions of the acts, without the need for a court order. Much has been said regarding this law. Several submitted petitions to Supreme Court and it is currently on temporary restraining order. It is still on the state of national debate. Discussions are still on the way if it would be implemented or amended. With or without this, people need to be responsible for their acts. Yes, we have freedom but it was never absolute. The cybercrime law is not just about the internet libel that stops our freedom of expression as known by many of us. We must also be aware of all its contents, which many of us Filipinos will also benefit from. Lets not just join the mob blindly. Its obvious that we need this Republic Act because some violations through internet are not covered by our existing laws. Lets all hope that implementing this law will surely resolve and prevent cybercrimes, and will not violate any of our rights, privacy, and will undergo the due process, as well as usage of it will be just and humane. #