FRONTLINE
By Ninez
Cacho-Olivares
Veil
by veil, Noynoy is being shown up, not as a transparent, democratic
president, but as a closet dictator who moreover shuns transparency
and democratic ideals.
This
face of Noynoy was again unveiled with his approval of the Cybercrime
Prevention Act of 2012, which goes against the constitutional
guarantee of freedom of expression.
What
is more ironic is that even as there is now a libel law against
cyberwriters, the fact is that many of these users of social media
sites may not even be Philippine-based and as such, they cannot
possibly fall under the jurisdiction of Philippine laws.
Most
users of social media such as Twitter and Facebook are vulnerable to
this new law, but not those users of Twitter and Facebook who heap
praises on Noynoy and his yellow aides, because those who are really
being targeted by Noynoy and his administration, are his critics, and
Noynoy, who is now enjoying power and position, has become
onion-skinned and highly allergic to criticisms.
Why
else put the clamps on social media, especially as Noynoy and his
boys have always claimed to be great users of social media and have
even crowed too many times that one of the reasons Noynoy won the
presidency in 2010 was that it was social media that had catapulted
Noynoy to the presidency.
It
is on record that early into his presidency, Noynoy’s social media
user boys left a presidential Facebook page for comments and as these
were all praises for Noynoy — especially from his Yellow horde,
there was no censorship at all — until of course, the harsh
criticisms and comments the Palace boys didn’t care for, came
around, and all too suddenly, the same boys started deleting these
comments and criticisms to make it appear that Noynoy is still
popular and is still bereft of social media users’ criticisms
against him.
This
is a major reason for the inclusion of the online libel law in the
cybercrime law signed by Noynoy. He can’t stand criticisms and even
the truth conveyed by his critics through regular and social media.
Ironically,
even as Noynoy embraces the law on online libel, and has done nothing
to decriminalize our libel laws, he and his boys are big on
slandering and libelling their political foes, knowing they can get
away with it, since they are in power and position.
While
it is true that there are many social media users who come up with
really libelous articles and even resort to cyberbullying, in
general, these are usually not picked up by the regular media.
There
are, of course, exceptions — especially in cases of the regular
media picking up Twitter messages and Facebook comments — even
gossipy ones — that some media make public to propagate their own
biased views but chances are, these messages are normally taken with
a grain of salt.
A
cybercrime law could be a good thing, however, if it is used by
government to catch criminals who engage in hacking, identity theft,
spamming, phishing, denial-of-service (DoS) attacks, malware, child
pornography, cybersex and cyber prostitution. But including libel as
a crime in the same cybercrime law which is punishable under the
Revised Penal Code?
In
the first place, there are too many users of social media whose
identities are unknown, as too many of these users use aliases and
pseudonyms to hide their identity, which is one reason they come up
with such outrageous comments.
In
the second place, anyone out to get a social media user on the new
online libel law can easily frame anyone with the crime, as a
malevolent techie can easily open a Facebook or Twitter account in a
foe’s name and come up with really libelous and slanderous
comments, yet that person may not even be a user of social media and
has no account of Facebook and Twitter at all.
Chances
are high that this newly signed law will be challenged before the
Supreme Court in questioning its constitutionality, on the basis that
such an online libel law violates the constitutional guarantee of
freedom of expression, as it tends to curtail such freedom.
The
court may uphold it, but again it may not, even if there has been no
one prior to the emergence of social media — who has been charged
for freely expressing their views in the streets. If people can shout
and “slander” the administration, why can’t the social media
user?
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