Chiz admits oversight, to seek amendments on Cybercrime Law

Sen. Francis “Chiz” Escudero has added his voice to the cacophony expressing apprehension to the newly passed Cybercrime Law, saying he would propose some amendments to it, specifically on the provision on online libel.   Admitting that he was not aware of the provision on online libel when he signed the committee report, Escudero said he would file a bill seeking amendments to the law in the coming days.   "Itong pag-amyenda ng Cybercrime Law within the recess, before we resume we will file that bill,” he told reporters Thursday during a weekly forum at the Senate.   On the provision on online libel, he said, “Nakalusot sa amin ‘yun, hindi ko nakita ‘yun nung kami ay pumirma sa committee report.”   He said online libel should be considered as a civil offense instead of criminal as stipulated in the law, which President Benigno Aquino III signed on Sept. 12.   "May ilan ding mga probisyon doon na okay naman maliban dun sa probisyon na ginagawang criminal muli ‘yun [libel], may liability pa rin siguro dapat pero civil na lamang at ‘di criminal," Escudero said.   He pointed out that it would be difficult to prove online libel. "Sa Internet they have the benefit of anonymity. 'Yun ang mahirap sa Cybercrime na libel, hindi mo alam sino ang kakasuhan mo.”   Escudero said his position on libel has always been clear, noting that immediately upon his assumption to the Senate in 2007, he filed a measure seeking to decriminalize libel.   "Isa ako sa principal authors o hindi man unang nag-file para i-decriminalize ang libel sa ating statute books. Sa ngalan ng pagiging consistent, kasalukuyan nga naming pinag-aaralan ang paghain ng maski ganito kaaga ng amendatory law para alisin at i-repeal ang probisyon na ‘yun," he said.   Escudero, however, said he does not wish to ascribe any motive on how a libel provision was inserted in the Cybercrime Prevention Law. "Ayoko magbigay ng anumang dahilan o motibo. Aaminin ko na lamang siguro ang aming pagkukulang personally," he said, although he added that he could not speak for his colleagues.   "Hindi ko natutukan ‘yung pagpasa partikular nung probisyon na ‘yun na nagsingit o naglagay ng libel sa amendatory period man o sa bicam (bicameral) man, pero ngayong nakita namin para maging consistent nga sa naunang bill ko na finile pinag-aaralan namin ang pag-file ng amendatory bill dun sa batas na yun," Escudero said.   According to previous reports, it was Senate Majority Floor Leader Vicente Sotto III who inserted the provision on libel in the measure. Sotto, however, said the provision was inserted during a bicameral conference committee meeting.   " I was not in the bicam conference," he said in a previous interview with reporters.   Sotto said crimes under the Revised Penal Code were already covered by the bill even before the provision was added, meaning libel was included in the crimes prohibited by the measure.   Under Article 355 of the Revised Penal Code of the Philippines, libel is defined as a “public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.”   Escudero said he doesn't know who inserted the provision. "Kaya nga hindi ko alam, nakalusot nga sa amin. Kung nalalaman ko 'di sana nakalusot yun sa anumang stage ng bill dahil nga sa posisyon ko kaugnay sa libel law," he said.   He noted, however, that he still wants online users to be held liable for acts made on the Internet that harm other people. "Sana magkaroon ng policing ang gumagamit ng Internet."   Amid criticisms, Sen. Edgardo Angara said the public should "give the law a chance."   “We have to give the law a chance and see how it will be implemented. Only then will the loopholes and the gaps be identified and properly addressed. But as it is, I believe this law is a milestone for ICT in the country," said the senator, who sponsored the measure in the Senate. — KBK, GMA News