Cybercrime Prevention Act Of 2012

[Dougbert]

A buddy of mine who lives here in the US and is married to a Filipina told me about this at lunch today. Seems a little troubling.

http://www.cnn.com/2012/10/04/world/asia/philippines-cyber-law-protest/index.html

[Call me bubba]

A buddy of mine who lives here in the US and is married to a Filipina told me about this at lunch today. Seems a little troubling.

http://www.cnn.com/2...test/index.html

-- A quick tweet or Facebook post could put you behind bars in the Philippines under a new cyber law, according to activists.

The Cybercrime Prevention Act of 2012 came into effect Wednesday despite widespread protests among netizens, journalists and free speech activists. "Reaction has been overwhelming. This is quite unprecedented," said Carlos Conde of Human Rights Watch in Manila. "I haven't seen this kind of uprising from the online community in the Philippines. This is a setback for one of the most social-media savvy countries."

The Philippines had a steadily rising 28 million internet users in 2011, approximately 30% of the population, according to the World Bank, placing it among the top 20 nations for internet use.

Before the law came into effect, the Philippines was ranked the most "free" in Asia, according to the 2012 Freedom House report on internet freedom. The Philippines ranked sixth globally, after the United States, Australia and other European nations.

The new law addresses an array of content and computer-related offenses, including cybersex, child pornography, unsolicited commercial communications and identity theft. The act also states that there will be "special cybercrime courts manned by specially trained judges to handle cybercrime cases."

Critics of the law, who are calling it the "new martial law online," are against a provision that criminalizes libel.

"The law is so vague in many respects; it is being interpreted in many ways -- comparing 'liking' something on Facebook to an investigative exposé -- the law has to be clear," Conde said. "It's almost like an afterthought -- the libel portion was put there haphazardly." Existing libel laws of the Philippines were dubbed "excessive" by the United Nations in October 2011.

Local news organizations and civil rights groups mobilized to file a petition against the law, which they believe "establishes a regime of cyber authoritarianism." The petition has sought a restraining order against enforcement of the new law.

"You never know what's going to trigger these libel offenses...[the law] goes against overall freedom of press and expression. It is motivated by personal experiences -- they don't like what you say and then you are penalized for it," said Gayathri Venkateswaran of the Southeast Asian Press Alliance.

Other points of the new law have been contentious, such as the "take-down" provision, which enables the Department of Justice to order removal of defamatory content without due process.

The Philippines government, in a statement, acknowledged the questions over the "constitutionality of certain provisions of the Act" but also called on "critics of the cybercrime Act to speak out against online vandalism and bullying with as much vigor and passion as they expressed in their objections to certain provisions of the law."

The new law "is quite good ... except for the item on libel," said Jacques DY Gimeno, a contributor to the Freedom House report. "At least the government is now dealing with cybercrime.

"Self-censorship will go up, internet users will have a sense of needing to police themselves," she added.

On the future of the cybercrime law, Gimeno said, "It will probably be modified because it is so unpopular. People are taking note of the legislators who voted for the law; to pacify voters they will amend to mask the actual intention."

[Call me bubba]

and yes indeed it is troubling. another way to limit or reduce ones "freedom of speech"

. althou this doesnt apply to non citizens as our rights are very limited

.............................................................................................................................................

A TRO had been issued on this last week

here is more on the topic in case you or others missed

http://www.philippin...prevention-act/

listed below are some of the "troubling "issues that the new cyberlaw raised

Sec. 4©(4), which criminalizes libel, not only on the internet, but also on “any other similar means which may be devised in the future;”

Sec. 5 (b), which punishes those who attempt, aide or abet the commission of a cyber offense;

Sec. 6, which raises by one degree higher the penalties provided for by the Revised Penal Code for all crimes committed through and with the use of information and communications;

Sec. 7, which provides that, apart from prosecution under the law, any person charged for the alleged offense covered will not be spared from violations of the Revised Penal Code and other special laws;

Sec. 8, penalties corresponding Section 5 (b)

Sec. 11 which lists duties of law enforcement authorities, including the submissions of “timely and regular reports including pre-operation, post-operation and investigation results and such other documents as may be required to the DoJ;

Sec. 12, which authorizes the real-time collection of traffic data;

Sec. 13, authorizes law enforcement authorities to collect or record, by technical or electronic means, traffic data in real-time;

Sec. 15, authorizes law enforcement authorities to search, seize and examine computer data;

Sec. 17, which authorizes service providers and law enforcement agencies to “completely destroy the computer data subject of a preservation and examination” order;

Sec. 19, which authorizes the DOJ to block access to computer data when such data “is prima facie found to be in violation of the provisions of this Act;” and

Sec. 20, which states that those who fail to comply with provisions of Chapter IV (Enforcement and Implementation), specifically orders from law enforcement agencies, shall face imprisonment of prision correctional (6 months and 1 day to 6 years) in its maximum period or a fine of P100,000 or both, for each noncompliance;

Sec. 21, which states the jurisdiction of Regional Trial Courts (RTC) and designated cybercrime courts over violations of any of the provisions of the law; and

Sec. 22 pertaining to international cooperation from all relevant international instruments, international arrangements, and domestic laws in the implementation of RA 10175.

Petitioners said the law violates the public’s constitutional rights including right to due process, equal protection, freedom of speech, right to privacy, protection against unreasonable searches and seizures, protection against double jeopardy, among others.

with a law like that it maybe more fun in N.Korea.

Edited October 18, 2012 by Pittman apartments Sgn

[i am bob]

Thank you Mr Pittman... May your helos always land on top and not beside you! :mocking:

For those not aware and have not read the link yet, a TRO is a Temporary Restraining Order. TROs are commonly sought in the Philippines for everything such as this Bill to building fly-overs in Cebu near a cathedral to that hamburger in your hand... Apparently somebody wanted to open a burger chain from Taiwan that has a mascot emblem similar to the Fat Buzzer... They had a TRO imposed against this company from opening their doors.

And now back to our regularly scheduled Online Libel laws. A Canadian, who was to be charged for libelling the Fat Buzzer company for mentioning their TRO, has been reprieved by the TRO issued to this Bill.

(I know! I know! it's Fat Bee, not Fat Buzzer! But I didn't want to be charged when the TRO is over!)

:mocking:

[Dave Hounddriver]

it's Fat Bee

If its a Jolly Fat Bee then I can understand the TRO. Such an image is as iconic to filipinos as a big smiling red headed clown would be to Americans.

[Ashanti]

privately, i think this law is a knee jerk reaction to the rise of filipino rubbish postings in social networks. PI's favourite pastime of gossiping and maligning people has grown new meaning since the net becomes popular in PI. A lot of filipino FBs users post with impunity and post lies and nasty stuff to people they dont like or have altercation with. the postings are like, so and so is having an affair with so and so, blah, blah, blah ............... this malicious posting has caused a lot of fisticuffs and catfights. sometimes i reel to reading some of the post - i just cant believe how low people could get so low.

[Dave Hounddriver]

The more I hear about Facebook, the more I enjoy sticking to this forum and staying away from social media.

[Call me bubba]

The more I hear about Facebook, the more I enjoy sticking to this forum and staying away from social media.

:grouphugg: Time for a Group Hug :grouphugg:

[Steve & Myrlita]

I only use FB to keep in touch with my family and good friends. I do not friend casual aquaintances or friends of my friends unless I know them personally. I guess that makes me appear to be snobish. If so, sorry but it's the truth.

[luke]

I only use FB to keep in touch with my family and good friends. I do not friend casual aquaintances or friends of my friends unless I know them personally. I guess that makes me appear to be snobish. If so, sorry but it's the truth.

You're not the only one. I do exactly the same.

Only family and friends or people I know.

No interest in all the apps, games, gossip etc...