RA 10175 or Cyber Crime Prevention Act of 2012 in the Phils

Republic Act (RA 10175) was approved by PNOY last September 12, 2012. It is an act defining cyber crime, providing for prevention, investigation, suppression and the imposition of penalties therefor and for other purposes.

The National Bureau of Investigation (NBI) and the Philippine National Police (PNP) shall be responsible for efficient and effective law enforcement of the provisions of this Act. The NBI and PNP shall organize a cyber crime unit or center manned by special investigators to exclusively handle cases involving violations of this Act.

What do you guys think of this new law? will this really stop Cyber Crimes? I noticed blocked comments (RA 10175) in Facebook and my friends are outraged by it. U.N. declares internet access a human right so i dont know why this law was approved.


What is RA 10175 or Cyber Crime Prevention Act of 2012 - Scope and Penalties : GbSb TEchBlog | Your Daily Pinoy Technology Blog
UN Declares Internet Access a Human Right

 

██████████████████████████. [STATUS BLOCKED by Philippine Government.] (ʀᴀ ɴᴏ. 10175)

If you mean something like that, that is a simple copy paste of a post using the unicode char &#9608 (full Block) and has nothing at all to do with any government. The "outrage" is simply Bullsh** by some Pinoys who (like always) have to shout out loud while having no clue.

If the RA prevents that chicks begging money in organized "call-center" business, or the hundreds of outsourcing companies sending spam and scam emails, spamming blogs and everything they can, stealing content from others and try to make money out of it, etc
... yes it is a good thing.

Illegal activities are surely not covered in the UN human right of internet access. Just mentioning that does not really show much of a knowledge about the whole RA, but simply the typical pinoy Naysayer-mentality producing hot air and being against something, even without knowing what they are against.

It simply does not affect anyone who uses internet in a normal way.

I do understand it was on Facebook, so it must be important and valid ... O-xI

​

 

Yes you are right, i admit some pinoys shout out loud while having no clue. Thank you for clearing up the full block thing because i didnt know you can do that. I have full trust in PNOY's judgement, i really do think he is one of the best Presidents we ever have and if he approved this law then its for the better. Honestly, i was quite shocked with the outrage over the law, they should give it a try first instead of stopping it without knowing what it can do for us.
I dont really know much about this law so will read some more about it.... Thanks Rhoody

 

Anna,

each time you see stuff like that, you wanna sit back, have a couple of deep breath and check the sources first.

In general that "law" is not wrong, the problem will be if and what will be made out of it. I give it a few days and the next "cute, po - Hi Hi Hi Baby picture"-like-click is way more important.

Consistency is not really the big strenght of those which are now sooooo much upset and against it...

 

The problem with this law, like many Philippine laws, it leaves too much up to interpretation. For instance, it includes libel;


Under Article 353 of the Revised Penal Code of the Philippines, libel is defined as a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status or circumstance tending to discredit or cause the dishonor or contempt of a natural or juridical person, or to blacken the memory of one who is dead.

In libel cases, the question is not what the writer of an alleged libel means, but what the words used by him mean. Jurisprudence has laid down a test to determine the defamatory character of words used in the following manner, viz:

A charge is sufficient if the words are calculated to induce the hearers to suppose and understand that the person or persons against whom they were uttered were guilty of certain offenses, or are sufficient to impeach their honesty, virtue, or reputation, or to hold the person or persons up to public ridicule. . . .

An allegation is considered defamatory if it ascribes to a person the commission of a crime, the possession of a vice or defect, real or imaginary, or any act, omission, condition, status or circumstances which tends to dishonor or discredit or put him in contempt, or which tends to blacken the memory of one who is dead.

“Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown, except in the following cases:

1. A private communication made by any person to another in the performance of any legal, moral or social duty; and

2. A fair and true report, made in good faith, without any comments or remarks, of any judicial, legislative or other official proceedings which are not of confidential nature, or of any statement, report or speech delivered in said proceedings, or of any other act performed by public officers in the exercise of their functions.”

PERSONS RESPONSIBLE:

Any person who shall publish, exhibit, or cause the publication or exhibition of any defamation in writing or by similar means, shall be responsible for the same. The author or editor of a book or pamphlet, or the editor or business manager of a daily newspaper, magazine or serial publication, shall be responsible for the defamations contained therein to the same extent as if he were the author thereof. (Under this law web forums, social pages, etc. can be added to the list)


So, going on this, let's make up a fictitious case scenario to see where it can go. Say I post on the forum that "Rhoody may gotten drunk on three beers on the Bais trip".

Under this law, I am guilty of libel. I insinuated that Rhoody is a drunk, Rhoody is a cheap drunk, Rhoody cannot hold his liquor, and there are probably a few more ways this could be misconstrued. Even if true and I meant it as a friendly jab, it is presumed to be malicious under the law. IT DOESN'T MATTER WHAT I MEAN, ONLY HOW ONE CAN INTERPRET IT. Not only am I prosecutable, but as the website belongs to the Dane, the DANE is prosecutable as well, and possibly even the web host, if they happen to be within the grasp of the Philippines. Therefore, I did not say that Rhoody may gotten drunk on three beers on the Bais trip!

Under this law as written, on any given day there are posts on this forum that could be twisted around to be made libelous, and open for prosecution under this law. Remember, it is assumed to be libelous/malicious unless proven otherwise.

The 1987 constitution section 4 states, "No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances."

Under this, what will become of the news, such as it is? If you were a reporter and reporting on unscrupulous political activities, would you report the news as you knew it to be? It's bad enough that this country has the highest murder rate of reporters in the world, now they have the fear that someone may post what they say on the web.

What will become of this website when they arrest the Dane because I posted Rhoody may or may not have gotten drunk on three beers? Will Rhoody bring us beer in jail?

Larry

 

Your post might or might not be the reason why the Dane had to abandon his house in Luzon on September 30 and as of now has not shown up anywhere. He may or may not be somewhere in the headquarters of San Miguel to make a discount delivery deal, or even build a cell on the grounds of the brewery for faster delivery...

 

It's a curious notion that the interpretation of libel here can include the use of words which may be seen to "blacken the memory of one who is dead". You have to wonder how the legal team would present the injured party to the court; in a casket or in an urn ?
Perhaps their evidence could be given by Divine representation.

 

Why focus on us... INTERNET SAVVY users. Why dont you prioritize to focus and investigate to any corrupt officials if there is any or just pretending to be blinded by it or any questionable projects around you or resolve a high crime rate in the whole archipelago or help the needy ones and I almost forgot why dont you think on how to resolve countries huge debt to other different countries in Billions.

 

Filipino Government Imposes Worst Set of Internet Regulations Ever :

 

The gauntlet has been thrown down!


[video=youtube_share;801V7dAE5cs]http://youtu.be/801V7dAE5cs[/video]