Martes, Oktubre 2, 2012

SPEAK NOW OR FOREVER HOLD YOUR PEACE (a.k.a Republic Act No. 10175)


In every wedding, before the ceremony progresses, the priest would always deliver this line:

 "speak now or forever hold your peace"

It may seem to be just a scripted dialogue uttered in every ceremony as part of tradition, but it tells us of so much more. It reminds us that our voices, no matter how small, matters. And that we are all entitled to oppose or agree on something, at sometime, at some point of our dreary-almost miserable-poverty stricken-lives.

"SECTION 1. Title. — This Act shall be known as the “Cybercrime Prevention Act of 2012″."

I have been a Filipino for 25 years now, and I can say that I have always had my fair share of opinions regarding the current events. And recently, the Cybercrime Prevention Act has been stirring up the news and making huge waves regarding the dreaded "cyber martial law". For a Filipino who has always enjoyed the freedom of speech, there are sections of this law that appears to be nothing but a huge gag order for each and everyone of us. I, for one have always been an opinionated citizen of this country, feel the same way too, but just partially. 


CHAPTER II
PUNISHABLE ACTS

SEC. 4. Cybercrime Offenses. — The following acts constitute the offense of cybercrime punishable under this Act:


In all fairness, the law itself isn't all that centered on rendering us mute individuals of this nation since it also covers sanctions for internet hacking, illegal/unauthorized use of private computer devices, information theft, cyber pornography, acts violating cybersecurity, computer related fraud and the likes. The clauses tackling these issues are actually beneficial to a common Juan of the Philippine islands. All the hooplas and commotion going on are simply directed to the inserted Section 4(4). 

(4) Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future.

**Art. 355. Libel means by writings or similar means. — A libel committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means, shall be punished by prision correccional in its minimum and medium periods or a fine ranging from 200 to 6,000 pesos, or both, in addition to the civil action which may be brought by the offended party.

Photo credits to YAHOO! News Philippines

It is just so exasperating to know that an old existing law has to be dragged on, rather sneakily, into a new one that is made and tailored for the modern society. The journalists specifically are the ones who are going to feel the knot on their hands on this law since the internet has been a huge medium to disseminate the news to the people. I was a part of a journalism team during my highschool days and I remember reading a slogan in a gathering that says "Do not oppress the press". This law, if not amended, is gonna do just that: Oppression. It actually creates a loophole on the incumbent government leader's vision to promote transparency and freedom of expression. Afterall, this was their main idea why they had set up a twitter and facebook account named after the government, right? Now this is where the common Filipino gets tangled up with the issue-the social networking sites. I honestly know just ONE person who doesn`t have a facebook account in my circle of acquaintances which makes us all seriously vulnerable to the stringent chains and sanctions of this law.


The common Filipino doesn`t have an editor nor a 24-hour monitoring team to filter through our thoughts posted in the internet. The common Juan is only armed with his values and principles to do all that strenuous filtering. Although I stand that libel is really something that shouldn`t go unpunished, I appeal to our lawmakers to amend this law before implementing it totally. Or atleast launch a massive information education campaign about cyber-manners or other ``deemed acceptable`` levels of internet etiquette pertinent to this law. I mean, the journalists know how to dodge the ball in the game of libel by heart, the ordinary Filipino doesn`t.

I repeat for one more time, the law isn`t all that bad, BUT it needs to be ironed out before it gets implemented. I just pray to God that whatever group is spearheading the TRO for the Cybercrime Prevention Act gets a two-thumbs up to buy us more time to adjust to the newest ``lunacy`` of our respected lawmakers. May the Supreme Court hear those who are speaking now so that we`ll forever be able to maintain each of our inner peace that we Filipinos rightfully deserve.

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