SC stops cybercrime law

By JOMAR CANLAS SENIOR REPORTER AND CATHERINE S. VALENTE, JEFFERSON ANTIPORDA AND LLANESCA T. PANTI REPORTERS

THE Supreme Court (SC) on Tuesday issued a temporary restraining order (TRO) stopping the implementation of Republic Act (RA) No. 10175, or the Cybercrime Prevention Act of 2012, which has been the subject of at least 15 petitions that assailed its constitutionality.

In a unanimous decision after a thorough deliberation, the SC en banc halted the government from implementing the law for 120 days.

The respondent government agencies tasked to implement the law—the Department of Justice, Department of Interior and Local Government, Philippine National Police and National Bureau of Investigation—were also ordered to file their respective comments. The government shall be represented by the Office of the Solicitor General.

The high court set the oral arguments on January 15, 2013. 

Justice Secretary Leila de Lima said that they will abide by the high court’s ruling. 

“The Supreme Court TRO is an exercise of the power of judicial review. We respect and will abide by it,” de Lima told reporters.

“Our advocacy for a safe cyberspace and interdiction of organized crime will continue,” she added.

Party-list aspirant Alab ng Mamamahayag (ALAM) and the National Press Club of the Philippines (NPC), two of the petitioners, expressed relief for the reprieve and said that this could pave the way for much needed amendments in the law.

ALAM national Chairman Jerry Yap stressed that the libel provision in the law should be declared null and void because based on the list of crimes punishable under RA 10175, the nature of libel is outside the nature of the enumerated subject crimes under the Cybercrime Law.

NPC president Benny Antiporda said that the issuance of the order was only a “small battle won” and that “the war against efforts to muzzle the press is far from over.” 

“The TRO issued on the cybercrime law, no matter how laudable, is just the beginning of a long legal struggle to decriminalize libel and completely do away with the oppressive provisions of the law,” Antiporda said.

Several petitions were filed before the High Tribunal by several groups denouncing the inclusion of libel and other provisions in RA 10175, which they said are unconstitutional and infringes on the freedom of the press and of expression.

Bloggers and netizens who questioned the law also rejoiced, saying that the unanimous vote to issue the order is a “bad omen” for President Benigno Aquino 3rd.

“This is a victory for citizens vigilant about their freedoms and about democracy online and offline,” said Tonyo Cruz of the newly formed group Bloggers and Netizens for Democracy.

Cruz said that they will not abandon their fight until the court decides to nullify the law.

Respected

Palace deputy spokesman Abigail Valte also on Tuesday said that the government will respect the High Court’s ruling.

“The administration will always respect the legal processes. A TRO is a provisional remedy. It is not in any way construed as a judgment on the merits,” she said.

Valte said that the formulation of the implementing rules and regulation will also depend on the coverage of the order itself.

“We’ll have to see the TRO—the actual text of the TRO itself,” she added.

Valte further said that the proposals to amend the law will have to wait until calendared by Congress for action.

Not disappointed

Sen. Edgardo Angara, the author of the anti-cybercrime bill in the Senate, also welcomed the issuance of the order.

“I’m not disappointed. I welcome the TRO because it will give time to the SC to study the merits and give also the critics time to re-examine their decision,” Angara said in an interview.

He noted that the injunction order is only a temporary interim measure and not a decision on the merits and unless the High Tribunal stopped it, the law can still be implemented.

“In the meantime, we must fall back, we must hold any action here in Congress while the Supreme Court takes it up,” he explained.

The lawmaker said that he will submit to whatever decision the court would arrive at. He expressed confidence that the tribunal will not completely strike down the law.

For Sen. Teofisto Guingona 3rd, the order was a victory in their battle to defend the freedom and right of expression.

Guingona were one of those who filed a petition with the Supreme Court, called on those who are against the cybercrime law to “escalate vigilance, keep the fire burning, and continue the fight for fundamental rights of the people, on the streets and online.”

“A TRO against the Cybercrime Prevention Act of 2012 is the first victory of the people and of freedom of expression. For a court to issue a TRO unanimously is a strong message of its belief that the dangers and fears of the people are real and must be addressed. With this TRO, the tyrannical powers granted by the law are effectively clipped,” he said.

Time to study

At the House of Representatives, lawmakers backed the order too.

Deputy Speaker Lorenzo “Erin” Tañada 3rd of Quezon province, Rep. Raymond Palatino of Kabataan party-list and Akbayan party-list voiced their support to the decision of the court.

Under the online libel provision of the cybercrime law, they said that a criticism posted online can be deemed libelous and send someone to jail for 12 years.

“I welcome the decision of the Supreme Court. At least the justices would have more time to study the contentious provisions of the law, particularly on Cyberlibel,” Tañada said during the weekly Ugnayan sa Batasan news forum. 

“If the court finds this provision [of online libel] unconstitutional, there is still separability clause. The rest of the provisions would still be enforceable,” Tañada, who backs the decriminalization of libel, pointed out. 

Palatino said that the issuance of the order presents an opportunity for President Benigno Aquino 3rd to retract his hard line position on the issue.

Palatino filed House Bill 6613 with Rep. Teddy Casiño of Bayan Muna as co-author, to repeal the online libel provision of the controversial measure.

“The issuance of a TRO is also a cue for Congress leadership to expedite the processing of repeal bills now filed in both chambers of Congress. While it is good that the SC has addressed the growing concern of netizens against this new law, netizens are still urged to remain vigilant until the contentious provisions are expunged,” he said. 

WITH REPORTS FROM JING VILLAMENTE AND AFP