CITY OF SAN FERNANDO, Philippines—President Benigno Aquino III on
Friday defended a new cybercrime law amid a storm of protests from
defenders of freedom of expression and opponents of libel as a criminal
offense.
Mr. Aquino specifically backed one of the most controversial
elements of the cybercrime law, which mandates that people who post
defamatory comments online be given much longer jail sentences than
those who commit libel in traditional media.
“I do not agree that it [the provision on libel] should be
removed,” Mr. Aquino said. “If you say something libelous [on] the
Internet, then it is still libelous …. no matter what the format.”
Another controversial element of the law, which went into effect
on Wednesday, allows the government to monitor online activities, such
as e-mail, video chats and instant messaging, without a warrant.
The government can also now close down websites it deems to be involved in criminal activities without a warrant.
Human rights groups, media organizations and netizens have voiced
their outrage at the new law, with some saying it echoes the curbs on
freedoms imposed by dictator Ferdinand Marcos in the 1970s.
Local social media have been vocal with protests this week, while
hackers have attacked government websites, and 11 petitions have been
filed in the Supreme Court asking the tribunal to overturn parts of the
law that infringe on freedoms.
The Philippine Bar Association (PBA) brought the 11th petition on
Friday, asking the Supreme Court to void six such sections of the
Cybercrime Prevention Act.
Lawmakers are considering amending the law to rid it of the
controversial provisions. But so long as they haven’t done so, President
Aquino wants the portion penalizing online libel to stay.
Speaking to reporters after the induction of 1,000 local leaders
of the ruling Liberal Party at Heroes Hall here, Mr. Aquino said the
executive department had to enforce the new law otherwise he risked
impeachment.
Mr. Aquino explained: “If you write something and it’s libelous,
you’re liable. If you’re a broadcaster and you air it on radio or TV,
you’re also liable. If you say the same thing on the Internet, I guess
that’s also libelous. So in whatever format, the person whose rights
were impinged should have redress.”
After all, rights are “bounded” when they impinge on the rights of others, he said.
Mr. Aquino said the authors of the Revised Penal Code worked
without the Internet on their mind. This time, with the cybercrime law,
the authors made sure that the Internet was covered by the provision on
libel, he said.
Facing elections next year, senators, including the authors of
the cybercrime law, have scrambled to amend the controversial
provisions, including the element that imposes a higher penalty on libel
and another that authorizes the Department of Justice to shut down
websites without a warrant.
Reelectionist Sen. Alan Peter Cayetano on Friday said Congress
should admit its fault in the controversy involving the new cybercrime
law.
“Whether you voted for it, you did not vote for it, you weren’t
there, if it’s wrong, that’s part of leadership,” Cayetano said. “Sorry,
we were wrong, we will correct it.”
The best way for Congress to admit its fault is to amend the law, Cayetano said.
But House Speaker Feliciano Belmonte Jr. is not keen on amending
the new law. Although seeking reelection, Belmonte said on Friday that
he saw no urgency in amending the law and that the senators were in
hurry to amend it because they would be running in next year’s
elections.
“This is a terrific law, the first law that governs this thing
that has become part of our lives and so forth and I think it’s good
that we give it a chance to work,” Belmonte said.
Belmonte played down the controversy involving the inclusion of libel in the new law.
“How many [people] have been convicted of libel here in the Philippines?” he asked.
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