Tag Archives: Freedom of speech

[Statement] CHR spokesperson, Atty Jacqueline Ann de Guia, on the move to deport a Taiwan OFW over online criticisms against the government

Statement of CHR spokesperson, Atty Jacqueline Ann de Guia, on the move to deport a Taiwan OFW over online criticisms against the government

The Commission on Human Rights notes that our overseas Filipino workers (OFWs) continue to be one of the sectors hardest hit by the consequences of lockdowns across the world. Many of these Filipinos, hailed as ‘modern heroes,’ are forced by current circumstances to head back home without any certainty of jobs to go back to.

In similar instances, our Philippine Overseas Labor Offices (POLOs) are present in different countries as an extension of our government’s Department of Labor and Employment. Their primary mandate is to promote and protect the general welfare of OFWs.

As one of the direct contacts to the Philippine government, POLOs deal with an array of OFW concerns, including violations of work contracts while in host countries, providing temporary shelters when necessary, ensuring medical assistance, and assisting in the repatriation of workers, among others, especially in times of crises.

It is then a cause of concern when a Labor Attaché works towards the deportation of Filipina caregiver, later named Elanel Egot Ordidor employed in Yunlin County, Taiwan, over what appears to be an exercise of her right to express concerns on the plight of fellow Filipinos in the face of the Covid-19 pandemic.

A statement of the Labor Secretary on Sunday, 26 April, assured that ’there will be an observance of due process.’ However, we equally stress that our Bill of Rights, enshrined in the 1987 Constitution, also guarantees the citizens’ freedom of speech, of expression, or the right of the people to petition the government for a redress of grievance.

We continue to remind the government that public service requires a higher tolerance for opinions and criticisms, especially that democracy works best when there are healthy discourses on governance; thereby, allowing greater accountability from our public officials.

While the government continues to cite that certain rights can be restricted in the context of public emergencies, we caution against the application of these restrictions beyond the allowable parameters of human rights law—that they should always be legal, necessary, and proportionate. Any overreach may result in human rights violations.

In the face of a pandemic which threatens almost every aspect of our life, we hope that the government, including its representatives here and abroad, can direct greater efforts in preserving the rights and dignity of Filipinos by finding ways to curb the transmission of the virus and cushion its impacts, especially to vulnerable sectors.

We continue to reiterate that laws, including the declaration of a national health emergency, are ultimately meant to protect rights. Holding public office grants powers, but also entails great responsibilities—to respect, protect, and fulfill human rights.

https://www.facebook.com/notes/commission-on-human-rights-of-the-philippines/statement-of-chr-spokesperson-on-the-move-to-deport-a-taiwan-ofw-over-online-cri/2769963846453476/?_rdc=2&_rdr

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[In the news] Cebu film writer arrested over Facebook post about coronavirus in Sitio Zapatera -RAPPLER.com

Cebu film writer arrested over Facebook post about coronavirus in Sitio Zapatera

A Cebu film writer and owner of a local bar was arrested early morning on Sunday, April 19 over a sarcastic Facebook post she made in relation to the coronavirus “contamination” of Sitio Zapatera in Cebu City.

Maria Victoria Beltran’s lawyer, Vincent Isles, confirmed the arrest to Rappler in a text message. (READ: Entire Cebu City sitio ‘presumed contaminated’ with coronavirus)

“It’s an egregious violation of her rights,” Isles said in a text message. 

He said that they have no information on what the exact charges are and who issued the arrest warrant.

Brigadier General Albert Ferro, Central Visayas’ police director, told Rappler in a text message Beltran was being charged with violating Republic Act 10175, or the Cybercrime Law.

The cybercrime unit is under the Police Regional Office-7 (PRO-7).

The arrest stemmed from a post made by Beltran on Sitio Zapatera, in Barangay Luz, an area of over 9,000 residents, having the most number of COVID-19 cases in Cebu City.

Her post said, “9,000+ new cases (all from Zapatera) of Covid-19 in Cebu City in one day. We are now the epicenter in the whole solar system.”

To this, Mayor Edgar Labella replied in Cebuano: “This is FAKE NEWS and this is a criminal act. Just wait Ms Beltran, you’ll soon be caught by the PNP Cybercrime Unit. You’ll really be thrown in prison.”

Read complete article @www.rappler.com

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[From the web] Supreme Court discourse on Cybercrime Law -www.cmfr-phil.org

Supreme Court discourse on Cybercrime Law
By Melinda Quintos De Jesus, http://www.cmfr-phil.org
January 17, 2013

CMFRI THINK the online community in the Philippines should take some time to listen in on the presentation of the oral arguments in the Supreme Court against the Cybercrime Prevention Act of 2012. It is not easy listening. Not all of it is riveting or compelling. But the opportunity to listen in on an exchange about freedom of expression at this level should not be wasted. Not if you, like we do, believe in freedom of expression.

Indeed, the discussion in itself is rare. Except for the small community of press freedom and human rights advocates, who, sometimes but not too often, connect with those involved with artistic and academic freedom, freedom of speech in this very talkative society has been viewed more as a sectoral theme. It is an issue that concerns people who work in special fields, art, news and communication, as though freedom of speech, a fundamental aspect of our being human, is seen as a special capability and an extraordinary entitlement. Few Filipinos think about their freedom of speech. Perhaps, because it is something they take for granted.

There is all the more reason then to be in touch with what’s being said in the High Court.

Read full article@www.cmfr-phil.org

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[In the news]Supreme Court tackles online libel provision in debates over Cybercrime Law | Sun.Star

Supreme Court tackles online libel provision in debates over Cybercrime Law | Sun.Star.
January 15, 2013

sunstar-network copyMANILA (Updated) — Justices of the Supreme Court (SC) began entertaining arguments against the constitutionality of Cybercrime Prevention Act of 2012 on Tuesday, as a lawyer called on Congress to finally decriminalize libel.

In discussing the demerits of online libel and cybersex, University of the Philippines professor Harry Roque said these provisions should be struck down for infringing on freedom of expression. He said the provisions are not clear and prone to abuse.

He also pitched to the justices the call of the United Nations Human Rights Committee to lessen the gravity of penalty for those who will be found guilty of libel. Instead, the offender should be accountable for civil damages, he said.

Read full article @www.sunstar.com.ph

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[Appeal/Campaign] Rally/demonstration via email for the immediate passage of the FOI Bill -Greg, Hollidaysburg

Dear Friends,

Let us join the rally/demonstration via email for the immediate passage of the FOI Bill and let our elected officials know that we too clamor for the immediate passage of the FOI Bill. Time is of the essence as Congress has only 9 session days left before they adjourn on Feb. 9, 2013 for the May midterm elections. For your convenience, I posted some sample emails that you can just cut and paste and then add your own personal touch.

Please read these articles to understand the urgency of and the reasons for my appeal:
(1) http://ph.news.yahoo.com/aquino-certification-needed-passage-foi-bill-solons-124956414.html . Aquino Certification Needed For Passage Of FOI Bill, Solons Say . (2) http://my.news.yahoo.com/philippine-solons-absenteeism-imperils-freedom-information-bill-041002129.html Philippine solons’ absenteeism imperils freedom of information bill

We need to write three emails:

1. Send email to Pres. Pnoy at his 3 email addresses:pnoy@noynoyaquino.ph; titonoy@president.gov.ph; op@president.gov.ph.

Dear Mr. President:
Please immediately certify the FOI bill as urgent so that it can be passed in Congress which has only 9 session days remaining before it adjourns on Feb. 9th. This certification will enhance the passage of this bill which is truly long overdue.

Dear Mr. President:
Please immediately certify the FOI bill as urgent so that it can be passed within the 9 session days remaining in the 15th Congress before its adjournment on Feb. 9th.

Dear Mr. President:
Please immediately certify the FOI bill as urgent so that it can be passed in the 9 session days remaining in the 15th Congress before it adjourns on Feb. 9th. Please make good now your pre-election and presidential inauguration pledge to make the enactment of the Freedom of Information Act a legislative priority in keeping with your platform of transparency and accountability in the “daang matuwid” and your slogan of “kung walang corrupt, walang mahirap.”

2. Send email to House Speaker Feliciano Belmonte, Jr at sonnybelmonte2011@yahoo.com and through the http://www.congress.gov.ph/ as detailed below.

Dear Speaker Belmonte:
Please give the FOI Bill the priority to be at the top of the agenda when Congress resumes its sessions on Jan. 21st. At the first instance, please call on Rep. Ben Evardone for his sponsorship speech and exercise your leadership and political will to ask the members to attend the sessions to insure the presence of a quorum. Furthermore, please ask Pres. Pnoy to certify the bill as urgent to facilitate the legislative process for its passage. The bill nearly passed in the 14th Congress; please let it happen this time under your watch and make it a legacy of the 15th Congress under your leadership.

Dear Speaker Belmonte:
Please give the FOI bill the priority to be at the top of the agenda when Congress resumes its sessions. Please call on Rep. Evardone for his sponsorship speech so that the debates and period of amendments could begin and call on all house members to attend the sessions to insure a quorum. Furthermore, please ask Pres. Pnoy to certify the bill as urgent to facilitate the legislative process so that it can be passed in the 9 session days remaining in the 15th Congress.

3. Send an email to House Majority leader Rep. Neptali Gonzales II. (In the House of Representatives, the Committee on Rules, through the Majority Leader, is empowered to declare a bill urgent, and to set the number of days or hours to be allotted for the consideration of the bill in plenary, and when vote on the bill shall be taken.)

Dear Rep. Gonzales:
We’ve waited two decades for the passage of the FOI bill. Please declare the present FOI bill as urgent so that the bill could be passed within the 9 sessions remaining in the present 15th Congress before its adjournment on Feb 9th for the May mid-term elections. Please make the enactment of a Freedom of Information Act a priority.

 

Dear Rep. Gonzales:
Please make the FOI bill a priority and declare it urgent so that the bill could be passed within the 9 session days remaining in the 15th Congress before it adjourns on Feb.9th.
The enactment of a Freedom of Information Act is long overdue; please help make it happen now.

 

HOW TO SEND AN EMAIL TO OUR REPRESENTATIVES
Log into the website of the 15th Congress House of Representatives, Congress of the Philippines, at http://www.congress.gov.ph/ . Scroll down to the bottom of the home page and click on CONTACT US. On the next screen, “If you want to contact the chief of staff of your Congressman, please select from drop down menu (<< select House Member) the name of the Representative you want to reach, then click on Go. Click on the Send email under the Representative’s name, then on the next screen fill up the blanks, writing your email message under Comments and when finished, click Send now.
Let us flood the email inbox of these three important people with these emails so that they will know the will and clamor of the Filipino people.

And if you have not yet done so, please sign the online petition for the passage of the FOI bill at http://www.ipetitions.com/petition/please-pass-the-freedom-of-information-bill-now/.

 

Thank you very much. Best regards.
Greg
Hollidaysburg, PA

PS: On Jan. 10, 2013, I sent by priority mail the attached letter to Pres. Pnoy and a hard copy of our Online Petition with a listing of the signatories and their comments. I wish there were more signatories so that let us continue to appeal for more signatures.

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[Blog] To do or not to do: A discourse on the naked truth, the Freedom of Expression and Individuality by Jose Mario De Vega

To do or not to do: A discourse on the naked truth, the Freedom of Expression and Individuality
by Jose Mario De Vega

I refer to the letter of Angeline Lesslar, “Young sex bloggers a sign of societal breakdown”, Malaysiakini, October 25th.

Indeed, “our young adults are once again creating headlines through their actions and exhibiting the values they uphold.” The initial question here is: so what is the problem?

The latest burning issue that is being face by our society concerns the recent posting of sexual encounters by a Malaysian law student on his blog.

I concur with the unorthodox views expressed by one on-line commentator, thus:

“I honestly don’t see what the problem is. It’s their own free will, their body. We have the choice of whether or not we want to read and watch what they put up on their blogs. No one is arm-twisting anyone here to read their blogs or interviews. If they’re not blogging about having sex with animals or minors or little kids, I fail to see what the problem is. They’re not harming anyone, except their own reputation in the future. Have they done anything to you? No? So, why the pearl-clutching?”

The fact that there is a mutual consent by the couples; I cannot see any issue that offends anybody.

Ms. Lessnar, said that:

“While the Internet provides the freedom to express oneself, one must exercise this gift responsibly.

“We must use our conscience and think before we indulge in our fantasies. Will our actions contribute positively or negatively to the morality of society as a whole?”

I cannot understand what she meant by exercising one’s right or gift responsibly! The said couple did not make love in the public; they posted their sexual escapades in their own blog. So, where is the point to protest and to contest? You are offended by the said blog? Then, deblog it, delist it, block it and to me that’s it! Finish! Subject closed! Why this brouhaha? Why this animosity and noises? What is the fuss all about?

Is the author implying that I cannot express or speak or act on my own sexuality and fantasy and physical discretion in my own blog?

I certainly believe that it is a grave form of coercion and indeed, a violation of my right to privacy and an intrusion to my own personality and cherished individuality!

She and the others may argue that: But, Sir, how about the effects of their acts to society in general? Yes, they have a right to do what they wish to do, but how about the interest of the public?

Reply:

I overwhelmingly agree to the categorical contention of Mr.Anonymous #58437020 (an on-line commentator from the Malaysiakini):

“Every day we hear of stories in the media or pregnant students and low income women getting pregnant and killing their own babies. Are Malaysians being too prudish when we know that some rich Malay man take four wives, rich Chinese and Indian men keep mistresses and here we try and tell young members of society not to have sex, and that sex is dirty. Sex is a private matter and we encourage sex amongst married members and try and promote marriage as an important social institution. However, Malaysia’s progress in modern society has also created many hypocrites who are quick to pass judgment. I don’t condone what these two students do, but I would urge all Malaysians especially the Malay society to think how we can actually help the young single mums.”

Same as Mr. Anonymous, I also do not condone what these two students do, yet as we are a democratic government governed by republican ideals; their acts no matter how ridiculous, absurd, preposterous, malicious, dirty, disgusting, detestable, offensive, etc. to our senses, beliefs and values — nonetheless is protected by the Constitutional provision of the Freedom of Expression.

Believe it or not, the Freedom of Expression does not only give a citizen the right to speak his or her mind, but also the right and the discretion to humiliate himself or herself before the very eyes of the public as a whole.

Clearly, Ms. Lessnar recognizes the peoples’ sovereignty, albeit in a guarded fashion. The right of expression pursuant to Article 10(1) (a) is manifest sovereignty for every citizen. The couple, though some may consider them as immoral and deviants are citizens of this country. If the right of expression means anything minus the exceptions, exclusions, excuses, and exemptions, then, what the heck is wrong with regard to the acts of this unusual couple? This is a clear case of freedom of expression that that is regardless and irrespective of whether their acts of expression are dirty, disgusting, reprehensible, etc.?

The said couple expressed themselves without reservations. That is guaranteed in the supreme law of the land, unless Article 10(1) (a) is an extreme flaw entombed in the supreme law.
In the case at bar, a couple posted pictures of their sexual escapades, some of our people are offended and dismayed, yet that is the price we have to pay to protect and advance the Free Market of Ideas rule of the Fundamental Law!

I do not subscribe to the position of Ms. Lessnar that:

“This act by the couple is regressive to mankind as it places us on par with animals which do not exercise self control and shamelessly give in to their sexual urges in public.”
This is a clear case of being self-righteous.

In school, I was taught that no person or institution has the monopoly of knowledge; the same is true in the same vein that there is no such thing as moral cartel. The unpardonable and disgusting act of some of our self-righteous people condemning and blasting the couple in the media is a form of moral discrimination. It is a form of moral discrimination by virtue of the fact that it implies that they are the only morally pure people in this society and the other individuals who does not believe or conform or subscribe to their views are immoral and impure. This is logically untenable and morally impertinent.

I directly view Ms. Lessnar’s negative view as dangerous and sinister. To quote Gusnargh (another on-line commentator):

Why the proselytizing? Why the holier-than-thou attitude? The way I see it, nobody’s hurt by these actions. If this is not something you approve of, just don’t watch! Nobody’s forcing anyone to watch.

There you go! That’s the point! Yet, in my own view the most telling and substantive problem that needs to be addressed is the issue of being self-righteous.
Who determines society’s morals?

Is it the individuals who comprises the said society or is it the state through its government that determines what is the suitable moral social codes from its people?

My firm thesis is that it is precisely man himself that should legislate and must craft his own values, morality and virtues to the complete exclusion of the state and/or the government.
We are who we are. Ethics and morality can never ever be enacted as laws and enforced as statutes that will regulate how people and the citizens will live their lives.

If that will be the case, then it would undeniably diminished man’s humanity and autonomy. That is besides the fact that it will incontestably violates man’s right as a member of the political community.

The state has no right whatsoever to pass moral laws that impliedly telling the people how the people would live their lives.

In the lucid words of Professor Kristine Korsgaard:

“We are masters of our own self-mastery, in control of our self-control. Being human is not sapping our strength, for we still know when to fight…”

No one has the right to impose their concept of morality and sense of righteousness to another. That is a clear case of moral cartel. To each it’s own! Your morality is yours; while my ethics is mine.

Yes, this and other social problems are just symptoms of a deeper problem facing our society today.

Why are we talking about this insignificant issue? In fact, for all intents and purposes this is a non-issue by virtue of the fact that this only involves the affairs of two hot young couple?
Why don’t we talk about those matters of transcendental concerns? Those issues of national and paramount importance, such as corruption (whatever happened to that bloody submarine?), the general election (when the hell would it be held?), the sorry and horrendous status and plight of our education sector (what kind of blue print is that?), the rampant cases of baby-dumping (what is the root causes of this social problem?), etc.

In the words of Platform_sinking (another on-line commentator):

“To me it is a private matter and not a big deal. There already too many moral policemen in this country trying to impose their moral standards on others. The key thing to ask, did it harm anybody. If not, just leave it. There are many bigger problems to handle in the country like rising crime rates which are more and more violent. Also, the dropping standards of education and the increasing influx of foreign labor (talents) with the related social and health issues.”
These are the pertinent and relevant matters that should concern our minds, hearts and soul; not the sexual lives of private persons.

What kind of society do we have?

Instead of concerning ourselves and dealing with the important matters, we are wasting our time and efforts, confusing our focus and unjustly deviating our attention to those matters that does not concerns us, unnecessary and utterly irrelevant. What a shame!

I agree with Ms. Lessnar is her query that:

“Has our education system helped provide the correct knowledge and shaped the minds of our young adequately about reproduction and responsible sex?”

We all knew the answer! Sad but true, but the government, up to now fail miserably to lay down a comprehensive program with regard to this undeniably important undertaking.

I also concur with her ultimate point and central question:

“As parents, we are ultimately responsible for the way our children turn out. Have we played our role to be there for them throughout their adolescence years, especially, to guide and answer the many questions they have about life in general and sex?”

Indeed, we are who we are because of our upbringing.

The question might be asked: So, Sir, how are we going to explain the acts and the conduct of the said couple under discussion?

The rule may be state unhesitatingly and indisputably that good parents produced good children and correspondingly, bad parents will gave way to irresponsible and ungrateful offspring. However, there are some instances, wherein this rule would not apply. There are many narratives and testimonies of kids and child who were abandoned, neglected and did not receive proper and correct upbringing from their parents but still remain noble and decided to be good and do good in their characters and lives. Sadly, there are also a lot of horrible and ironic stories of good parents who did everything for their kids, yet the same child turn astray and betray all the goodness, harmony and love that were given to them by their loving parents.

Henceforth, the ultimate issue here is not only the upbringing and the rearing of the child by his or her parents. Rather, this is also unquestionably a question of the individual themselves.
Hence, it is a personal discourse, in the final analysis!

Jose Mario Dolor De Vega
Passport No.: XX 4070556

Lecturer IV
College of Arts and Humanities
Department of Philosophy
Polytechnic University of the Philippines
Sta. Mesa, Manila, Philippines

The writer has a Master’s degree in Philosophy, a law degree and a degree in AB Political Science. He was previously teaching Philosophy, Ethics and Anthropology at an institution of higher education in the Klang Valley.

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Finalists for 2nd HR Pinduteros choice for Human Rights Photo

Finalists for 2nd HR Pinduteros choice for Human Rights Photo

Here are the Ten Most Clicked Human Rights Photos posted in HRonlinePH.com.

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Images of protest action against Greed 1 – Photo by Bro. Martin Francisco

Images of protest action against Greed 2 – Photo by Bro. Martin Francisco

Images of protest action against Greed 3 – Photo by Bro. Martin Francisco

Lean Alajadro by Task Force Detainees of the Philippines

Protecting the Environment, Protecting Humans by Rommel Yamzon

Homeless after forced eviction in San Juan City by Rommel Yamzon

The New Filipino Youth Movement: Shirts for Change By Arizza Nocum

Penoy ang napala ng mga Pinoy kay P-Noy by Rommel Yamzon

Oiled and Faded by AKP-Buck Pago

Lest We Forget by AKP-Buck Pago

Finalists for 2nd HR Pinduteros choice for Human Rights Web Site

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FAMILIES OF VICTIMS OF INVOLUNTARY DISAPPEARANCE (find.org.ph)


PHILIPPINE HUMAN RIGHTS INFORMATION CENTER (philrights.org)


ALLIANCE FOR THE ADVANCEMENT OF PEOPLE’S RIGHTS (karapatan.org)


PHILIPPINE ALLIANCE OF HUMAN RIGHTS ADVOCATES (philippinehumanrights.org)


FAITH BASED CONGRESS AGAINST IMMORAL DEBT (fcaid.ph)


UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW (law.upd.edu.ph)


GABRIELA (gabrielawomensparty.net)


AMNESTY INTERNATIONAL -PHILIPPINES (amnesty.org.ph)


ALYANSA TIGIL MINA (alyansatigilmina.net)


FREEDOM FROM DEBT COALITION (fdc.ph)

[Statement] Unity Statement of the Philippine Internet Freedom Alliance (PIFA) & List of members #PIFAph

Unity Statement of the Philippine Internet Freedom Alliance (PIFA) & List of members #PIFAph

We are a broad alliance of organizations and individuals who stand together to protect our basic rights to liberty and dignity – including the right to privacy, and freedom of expression, speech, sexuality, and mobility – on the Internet. These rights are currently being threatened by the implementation of Republic Act 10175, or the Cybercrime Prevention Act of 2012. As a neutral, non-partisan movement, PIFA stands at the forefront of the struggle for internet freedom of the Filipino people.

We oppose RA 10175 as it contains provisions that are oppressive, susceptible to abuse, and against the fundamental liberties guaranteed by the Constitution. We also find it unacceptable that there was insufficient public consultation while the bill was being discussed, subjecting stakeholders to a law that does not reflect their best interests.

We see the Internet as a venue for education, expression, and empowerment, but RA 10175 focuses on the Internet as a platform for criminal activities. We reject this law that threatens the legitimate online activities and interactions of the Filipino people.

We will take the battle online, to the streets, and before the courts of law – to all possible venues for engagement . We will defend Internet Freedom, a right recently enshrined in the UN International Bill of Human Rights, which the Philippines has an international obligation to uphold. We call on those who passed this law to take responsibility for their actions. We urge the High Court to declare RA 10175 unconstitutional. And we strongly urge President Aquino to heed the call of the people and withdraw his support for this unjust law. We encourage all stakeholders to oppose this measure and continue defending their rights, online and offline.

The government’s primary obligation to its people is to protect our fundamental rights and liberties. Failure of the government to fulfill its obligation does violence to the democracy upon which it is founded. This era would be no different from the dark ages of Martial Law. And never again shall we let that happen.

See List of Signatories: ( to be updated daily )

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[Statement] Statement on the Cybercrime Prevention Act of 2012-CLRD

Statement on the Cybercrime Prevention Act of 2012

The Philippines is again faced with another hasty legislation, the Cybercrime Prevention Act of 2012 (R.A. 10175), passed with the speed of light, should be given not just a closer look but a downreaching scrutiny. A perusal of the law would warrant a declaration of unconstitutionality for the fact that it curtails basic constitutional rights not only of children but of everyone else who utilizes the cyberspace to connect with the world. The said law also runs against the principle of separation of powers.

For Children’s Legal Rights and Development Center (CLRDC) Inc., the law in question obviously infringes on many constitutionally guaranteed rights and principles specifically on the following:

1. It curbs not only one’s right to freedom of expression, speech and press, let alone one’s right to privacy. This pertains to Section 12 of the said law, which actually allows authorities to “collect or record by technical or electronic means” communications transmitted through a computer system”. Authorities can now have access to personal data, listen or record private conversations and correspondences even without a warrant.

Section 12 contravenes the very essence of Art. III (Bill of Rights) of the 1987 Constitution, particularly Sections 3 (1) on inviolability of privacy of communication, and 4 on freedom of speech, of expression, of the press, and peaceful assembly.

2. This law also criminalizes cyber libel which can be prosecuted apart from that of the traditional libel punishable under the Revised Penal Code, therefore violating the ne bis in idem principle under the general principle of international law or the rule on double jeopardy.

3. A violation of the separation of powers can also be gleaned from the law which gives the Department of Justice much jurisdiction on restricting or blocking access to computer without prior judicial determination for as long as there is prima facie evidence that said computer was used in the commission of any of the prohibited acts under it. This clearly is a function, a power exclusive to the courts and not to the executive. To encroach upon a co-equal branch’s power is not only a violation of the separation of powers but a violation of one’s right to due process.

4. The said law also exhibits vagueness particularly when it comes to the Regional Trial Court’s (RTC) jurisdiction over the acts committed in violation of the former. How can jurisdiction be determined considering that the World Wide Web or internet is so far reaching that it can even be used outside the Philippine jurisdiction. More so, how are we to determine an act that is in violation of the law from that of a casual or ordinary conversation not to mention that a mere posting of libelous comments on social media appears also to be punishable.

No right is absolute indeed but it is also guaranteed by our very Constitution that no person shall be deprived of his or her right to life, liberty and property with out due process of law and under this instance, under this law, due process is not complied with, thus it should be declared unconstitutional.

In the Philippines, there are still many crimes that needs more attention like enforced disappearance, torture, extra-legal killings, human trafficking – – these are non-derogable rights that should not be relegated to the sidelines and must be looked into. The enactment of RA 101275 reflects the government’s alleged inattention and apathy to the reigning culture of impunity, the reason why disappearance, torture, trafficking, extra-legal killings remain unbridled and no perpetrators are brought to justice, so to speak.

We call on our fellow rights defenders to remain vigilant as we call on our government to respect constitutionally guaranteed rights and repeal RA 10175.

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[From the web] Young people urged to defend internet freedom -Akbayan youth

Young people urged to defend internet freedom.

Members of Akbayan Youth today hanged a banner on Welcome Rotonda expressing its opposition to the Cybercrime Prevention Act or Republic Act 10175. Akbayan Youth National Spokesperson JC Tejano today called on the youth to defend internet freedom as a necessary space for a growing democracy.

“With the law now taking effect and the Supreme Court yet to come out with a decision on the petitions questioning its validity, the youth must now take up the cudgels in the defense of internet freedom. The internet is the space where the youth interact, take a stand, and air their criticisms against public officials. However, this space is now getting constricted with the cybercrime law,” Tejano said.

Tejano explained that the law will only be used by politicians to silence their critics.

“We believe that the exercise of freedom of expression, including the right to criticize public figures online, are vital cogs in our democracy. It should not be hampered by the whims of politicians even in cyberspace. We fear that this cybercrime law will serve as the politicians’ fire-wall against public dissent and criticism,” Tejano said.

Read full article @ akbayanyouth.org

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[In the news] Petitioners unite as #NoToCybercrimeLaw to mount unified actions -InterAksyon.com

Petitioners unite as #NoToCybercrimeLaw to mount unified actions
By InterAksyon.com
October 6, 2012

MANILA, Philippines — Organizations and individuals who have filed petitions against the Cybercrime Prevention Act have agreed to join forces and mount concerted actions to press their demand to scrap the controversial statute, beginning with a rally before the Supreme Court on Tuesday, when they hope the tribunal to issue a ruling.

The petitioners — activist groups, freedom of expression advocates, media organizations, bloggers, lawyers and other sectors — agreed to call themselves by the hashtag #NoToCybercrimeLaw during a meeting at the University of the Philippines College of Law Saturday.

Among those represented at the meeting were the Kabataan party-list, Bagong Alyansang Makabayan, Philippine Internet Freedom Alliance, National Union of Journalists of the Philippines, the Center for Media Freedom and Responsibility and the law firm headed by lawyer Harry Roque.

Read full article @ www.interaksyon.com

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[In the news] NUJP: Aquino declaring war on people by keeping libel in Cybercrime Law -GMANews.com

NUJP: Aquino declaring war on people by keeping libel in Cybercrime Law
October 6, 2012

President Benigno Aquino III is declaring war on his own people with his position that online libel should remain a punishable offense under the Anti-Cybercrime Act, the National Union of Journalists said Friday.

In a statement, the NUJP scored Aquino for insisting that the provision on online libel should not be removed, to give victims a form of “redress.”

“We now have a president who has openly declared war on his own people,” the NUJP said on its website.

Several groups had objected to the new law, saying the provision on online libel may threaten the right to freedom of speech and freedom of expression.

The NUJP said that if Aquino insists on keeping online libel in the law, it could only mean Filipinos were never his bosses at all.

“This can only mean one thing — we are not his bosses at all, if we ever were in the first place,” it lamented.

On the other hand, the NUJP quoted Thomas Jefferson as once saying, “If a law is unjust, a man is not only right to disobey it; he is obligated to do so.”

Read full article @ www.gmanetwork.com

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[From the web] ‘Cybercrime’ law threatens free speech and must be reviewed | Amnesty International

Philippines: ‘Cybercrime’ law threatens free speech and must be reviewed | Amnesty International.

October 4, 2012

A new ‘cybercrime’ law in the Philippines poses serious risks to freedom of expression and must be reviewed, Amnesty International said.

Under the new law, known as the Cybercrime Prevention Act of 2012 (Republic Act No. 101750), a person could be sentenced to 12 years imprisonment for posting online comments judged to be libellous.

“The ‘cybercrime’ law rolls back protections for free speech in the Philippines. Under this law, a peaceful posting on the Internet could result in a prison sentence,” said Isabelle Arradon, deputy Asia director at Amnesty International.

The law, which came into effect on Wednesday, broadly extends criminal libel (defined in the Philippines as the public and malicious imputation of a discreditable act that tends to discredit or dishonour another person and which currently exists under the Revised Penal Code) to apply to acts “committed through a computer system or any other similar means which may be devised in the future”.

It also increases the criminal penalties for libel in computer-related cases.

Read full article @ www.amnesty.org

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[In the news] Widespread social media blackout vs Cybercrime Law -GMANews.com

Widespread social media blackout vs Cybercrime Law
A.M. MARZOÑA, GMA NEWS
October 2, 2012

In support of the movement to repeal the recently passed Anti-Cybercrime Act, Filipino netizens on Tuesday turned their Facebook and Twitter profile pictures to black. The movement started at daybreak and quickly gained momentum over the day until social media were awash with blacked-out status updates and profile pics.

Engaged social media users dubbed the Cybercrime Prevention Act of 2012 or Republic Act 10175 a veritable “Cyber Martial Law” that threatened Internet usersfreedom of expression by way of a provision on online libel, inserted into the bill only during the bicameral conference.

In addition to using images of protest, netizens also posted comments with black blocks to simulate the possible censorship the Anti-Cybercrime Act might soon impose among bloggers and even the most casual users of social media.

On Twitter, words were blacked out to render incomplete phrases and sentences, eventually turning everything into a fill-in-the-blank meme:

Read full article @ www.gmanetwork.com

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[From the web] Cybercrime law violates Intl rights obligations of Aquino Govt -Karapatan

Cybercrime law violates Intl rights obligations of Aquino Govt
by Karapatan
October2, 2012

Karapatan today joined activists, netizens, journalists, bloggers, organizations and individuals in a protest action in front of the Supreme Court, to call on the high court to declare the Cybercrime Law unconstitutional; as the measure, which is due to take effect on Oct.3, “poses serious threats to the right to privacy, freedom of speech and expression, among other civil and political rights.”

Members of the organization flashed tablets with electronic posters tagging the Cybercrime Law as a form of “e-martial law,” likening the law to the forms of suppression on civil and political rights by the military dictatorship imposed by former Pres. Ferdinand Marcos.

Cristina Palabay, Karapatan secretary general and one of those who filed a petition in the Supreme Court questioning the constitutionality of the Cybercrime Act, said that aside from the law’s provisions on libel, the said measure gives free rein on authorities to monitor internet traffic data of internet users and to take down sites which they deem “libelous.”

Read full article @ www.karapatan.org

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[From the web] How the Cybercrime Law criminalizes ‘Likes’ and tweets – InterAksyon.com

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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[Petition] Junk the Cybercrime Prevention Law! -Kabataan PartyList

Junk the Cybercrime Prevention Law!
by Kabataan PartyList

The Cybercrime Prevention Act of 2012 poses serious threats to Internet freedom, the right to privacy and other essential civil liberties including the freedom of speech, expression, and the press.

Greetings,

We, the youth, journalists, activists, bloggers, and netizens of the Philippines express our outright condemnation to the passage of Republic Act No. 10175, or the Cybercrime Prevention Act of 2012, which poses serious threats to Internet freedom, the right to privacy and other essential civil liberties including the freedom of speech, expression, and the press.

While the Cybercrime Law was supposedly enacted to ward off hacking, identity theft, data manipulation, cybersex and other nefarious activities in the Internet, the insertion of provisions regarding online libel and vague sections on data collection and sanctions have transformed the legislation into an online censorship law.

We express our highest condemnation to the Bicameral Conference, especially to Sen. Vicente Sotto III, for inserting the online libel provisions, which are not present even in the 2001 Budapest Convention on Cybercrime penned by the Council of Europe, which was the basis for RA 10175.

Read full article and sign petition @ www.change.org

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[Press Release] New ‘Cybercrime’ Law Will Harm Free Speech -Human Rights Watch

Philippines: New ‘Cybercrime’ Law Will Harm Free Speech
Supreme Court to Rule on Act That Worsens Criminal Defamation

(New York, September 28, 2012) – A new Philippine “cybercrime” law drastically increases punishments for criminal libel and gives authorities excessive and unchecked powers to shut down websites and monitor online information, Human Rights Watch said today. President Benigno Aquino III signed the Cybercrime Prevention Act of 2012 into law on September 12, 2012.

The law’s criminal penalties for online libel and other restrictions are a serious threat to free expression in the Philippines, Human Rights Watch said. Several legal cases have been filed in the Philippines Supreme Court, including for the law to be declared unconstitutional because it violates guarantees to free expression contained in the Philippines constitution and human rights treaties ratified by the Philippines.

“The cybercrime law needs to be repealed or replaced,” said Brad Adams, Asia director at Human Rights Watch. “It violates Filipinos’ rights to free expression and it is wholly incompatible with the Philippine government’s obligations under international law.”

The new law defines several new acts of “cybercrime.” Among the acts prohibited are “cybersex,” online child pornography, illegal access to computer systems or hacking, online identity theft, and spamming.

A section on libel specifies that criminal libel, already detailed in article 355 of the Philippines Revised Penal Code, will now apply to acts “committed through a computer system or any other similar means which may be devised in the future.” The new law drastically increases the penalty for computer-related libel, with the minimum punishment raised twelve-fold, from six months to six years. The maximum punishment is doubled from six to twelve years in prison.

“Anybody using popular social networks or who publishes online is now at risk of a long prison term should a reader – including government officials – bring a libel charge,” Adams said. “Allegedly libelous speech, online or offline, should be handled as a private civil matter, not a crime.”

Human Rights Watch called on the Philippines government to repeal its existing criminal libel law. The Aquino administration has shown little inclination to support legislation pending in the Philippine Congress to decriminalize libel.

Aside from the section on libel, the new law has a provision that grants new powers to the Department of Justice, which on its own and without a warrant, can order the shutdown of any website it finds violating the law. It also authorizes police to collect computer data in real time without a court order or warrant.

The use of criminal defamation laws also has a chilling effect on the speech of others, particularly those involved with similar issues, Human Rights Watch said.

When citizens face prison time for complaining about official performance, corruption, or abusive business practices, other people take notice and are less likely to draw attention to such problems themselves, undermining effective governance and civil society.

Several journalists in the Philippines have been imprisoned for libel in recent years, leaving a blot on the country’s record on press freedom. In the case of Davao City radio journalist Alexander Adonis, who was convicted in 2007 of libel and spent two years in prison, the United Nations Human Rights Committee determined that the Philippine government violated article 19 on the right to freedom of expression and opinion of the International Covenant on Civil and Political Rights. The committee called on the Philippine government to decriminalize libel.

“So long as it stands, the new cybercrime law will have a chilling effect over the entire Philippine online community,” Adams said.

For more Human Rights Watch reporting on the Philippines, please visit:
http://www.hrw.org/asia/-philippines

To view the 2010 Human Rights Watch report “Turning Critics into Criminals,” please visit:
http://www.hrw.org/reports/2010/05/04/turning-critics-criminals

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[In the news] Lawyers, bloggers urge takedown of Cybercrime Law -GMANews.com

Lawyers, bloggers urge takedown of Cybercrime Law
SHAIRA PANELA, GMA NEWS
September 26, 2012

With one of the biggest and most active online communities in the world, the Philippines stands much to gain —or lose— from the enactment and implementation of the controversial Cybercrime Prevention Act (RA 10175), which was signed into law last September 12.

International social media research group Socialbakers ranked the Philippines as the eigth largest country in the world in terms of number of Facebook users, with more than 29 million Pinoys on the social network. The country is also the tenth largest nation on Twitter, with over 9.5 million users.

It is in this context a petition for certiorari and prohibition was filed before the Supreme Court on September 25 by lawyers Jose Jesus “JJ” Disini, Jr., Rowena S. Disini, and Liane Ivy P. Medina; and bloggers Ernesto Sonido Jr. and Janette Toral.

According to the petitioners, the Cybercrime Act violates Constitutional provisions on the “freedom of expression, due process, equal protection, privacy of communications, double jeopardy, and right against unreasonable searches and seizure.”

The respondents included the secretaries of Justice and of the Interior and Local Government; the executive director of the Information and Communications Technology Office (ICTO); the chief of the Philippine National Police (PNP); and the director of the National Bureau of Investigation (NBI).

Read full article @ www.gmanetwork.com

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