ANALYSIS | How the Cybercrime Law criminalizes ‘Likes’ and tweets
By Atty. Mel Sta. Maria, News5
September 28, 2012

Atty. Sta. Maria teaches at the Ateneo School of Law, and is the resident legal analyst of News5.

Last May, Interaksyon.com posted news about how a judge in the United States had ruled that “Liking” something on Facebook is not necessarily Constitutionally protected speech. The ruling has been criticized as threatening to free speech, as well as for being out of touch with how Facebook and its users behave.

Some of the questions and criticisms lobbed against the US judgment are relevant to Filipinos now, as the country wakes to a new Cybercrime Law that will have great implications for free expression online.

Consider these following points:

Republic Act 10175, the Cybercrime Law, is a special law.

What does that mean?

It is an accepted legal rule that offenses under special laws are considered MALA PROHIBITA as distinguished from MALA IN SE. In the latter, there must be a criminal mind to be convicted. In murder, theft, robbery and other offenses punished by our Revised Penal Code, for example, intention to do wrong is an essential element. In the former, MALA PROHIBITA, there need not be a criminal mind. The mere perpetuation of the prohibited act is enough.

Read full article @ www.interaksyon.com

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