Libel in internet should also be punished because many people including media personalities give libelous comments in their twitter and facebook accounts. They do this to avoid the law. By passing RA 10175, not just famous personalities but also ordinary people are protected by mean and ruthless people who bully others through the internet. Cyber bullying and other related negative effects of internet is min imized by this law. People said that the new law conflicts with Article 355 of the Revised Criminal Code because the new law allegedly imposes 12 years imprisonment. If you will study RA 10175, it does not give any penalty for libel. The 12 years imprisonment covers only Section 4(a) and 4 (b), Libel is under Section 4(c-5). Thus, the law DOES NOT IMPOSE HIGHER PENALTY. So what is wrong with it?
Many people also allege that it curtails freedom of expression. How come? Freedom of speech and exppression is not absolute as held by the supreme Court in many cases and its limitation includes libel. If the law punish those in print, television, and radio, are we going to let those who use the internet go unpunished? In this case, allowing libelous words in the internet will be a escape route against the law. If your neighbore wrote to a newspaper that you are a prostitute or a whore (but you are not) but was not published because its libelous, then your neighbore will just post it in her facebook account. The result? Its similar, you are being insulted. We should be mindful of our words every single time. The internet is not a place to hurt other people.
The hearsays about punishing people who like or dislike a comment in facebook or other social accounts is not true. Same with allegedly punishable act of downloading movies or songs, RA 10175 does not punish this acts. Even if we say that the latter is punishable under the said law, it is already punishable under IPR law so even if you remove RA 10175, it is still punishable.
Do not just believe in what other people say, do your own research that you may understand. Do not depend on what the opposers say while holding banners and everything. They do that in every law passed.
What are punishable under the said law? they are:
CHAPTER II
PUNISHABLE ACTS
PUNISHABLE ACTS
Offenses against the confidentiality, integrity and
availability of computer data and systems:
(1) Illegal Access. – The access to the whole or any part of a
computer system without right.
(2) Illegal Interception. – The interception made by technical
means without right of any non-public transmission of computer data to, from,
or within a computer system including electromagnetic emissions from a computer
system carrying such computer data.
(3) Data Interference. — The intentional or reckless alteration,
damaging, deletion or deterioration of computer data, electronic document, or
electronic data message, without right, including the introduction or
transmission of viruses.
(4) System Interference. — The intentional alteration or
reckless hindering or interference with the functioning of a computer or
computer network by inputting, transmitting, damaging, deleting, deteriorating,
altering or suppressing computer data or program, electronic document, or
electronic data message, without right or authority, including the introduction
or transmission of viruses.
(5) Misuse of Devices.
(i) The use, production, sale, procurement, importation,
distribution, or otherwise making available, without right, of:
(aa) A device, including a computer program, designed or adapted
primarily for the purpose of committing any of the offenses under this Act; or
(bb) A computer password, access code, or similar data by which
the whole or any part of a computer system is capable of being accessed with
intent that it be used for the purpose of committing any of the offenses under
this Act.
(ii) The possession of an item referred to in paragraphs
5(i)(aa) or (bb) above with intent to use said devices for the purpose of committing
any of the offenses under this section.
(6) Cyber-squatting. – The acquisition of a domain name over the
internet in bad faith to profit, mislead, destroy reputation, and deprive
others from registering the same, if such a domain name is:
(i) Similar, identical, or confusingly similar to an existing
trademark registered with the appropriate government agency at the time of the
domain name registration:
(ii) Identical or in any way similar with the name of a person
other than the registrant, in case of a personal name; and
(iii) Acquired without right or with intellectual property
interests in it.
(1) Computer-related Forgery. —
(i) The input, alteration, or deletion of any computer data
without right resulting in inauthentic data with the intent that it be
considered or acted upon for legal purposes as if it were authentic, regardless
whether or not the data is directly readable and intelligible; or
(ii) The act of knowingly using computer data which is the
product of computer-related forgery as defined herein, for the purpose of
perpetuating a fraudulent or dishonest design.
(2) Computer-related Fraud. — The unauthorized input,
alteration, or deletion of computer data or program or interference in the
functioning of a computer system, causing damage thereby with fraudulent
intent: Provided, That
if no
damage has yet been caused, the penalty imposable shall be one
(1) degree lower.
(3) Computer-related Identity Theft. – The intentional
acquisition, use, misuse, transfer, possession, alteration or deletion of
identifying information belonging to another, whether natural or juridical,
without right: Provided,
That if no damage has yet been caused, the penalty imposable shall
be one (1) degree lower.
(c) Content-related Offenses:
(1) Cybersex. — The willful engagement, maintenance, control, or
operation, directly or indirectly, of any lascivious exhibition of sexual
organs or sexual activity, with the aid of a computer system, for favor or
consideration.
(2) Child Pornography. — The unlawful or prohibited acts defined
and punishable by Republic Act No.
9775 or the Anti-Child Pornography Act of 2009, committed through a
computer system: Provided,
That the penalty to be imposed shall be (1) one degree higher than
that provided for in Republic Act No. 9775.
(3) Unsolicited Commercial Communications. — The transmission of
commercial electronic communication with the use of computer system which seek to
advertise, sell, or offer for sale products and services are prohibited unless:
(i) There is prior affirmative consent from the recipient; or
(ii) The primary intent of the communication is for service
and/or administrative announcements from the sender to its existing users,
subscribers or customers; or
(iii) The following conditions are present:
(aa) The commercial electronic communication contains a simple,
valid, and reliable way for the recipient to reject. receipt of further
commercial electronic messages (opt-out) from the same source;
(bb) The commercial electronic communication does not purposely
disguise the source of the electronic message; and
(cc) The commercial electronic communication does not purposely
include misleading information in any part of the message in order to induce
the recipients to read the message.
(4) Libel. — The unlawful or prohibited acts of libel as defined
in Article 355 of the Revised Penal Code, as amended, committed through a
computer system or any other similar means which may be devised in the future.
SEC. 5. Other
Offenses. — The following acts shall also constitute an offense:
(a) Aiding or Abetting in the Commission of Cybercrime. – Any
person who willfully abets or aids in the commission of any of the offenses
enumerated in this Act shall be held liable.
(b) Attempt in the Commission of Cybercrime. — Any person who
willfully attempts to commit any of the offenses enumerated in this Act shall
be held liable.
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