National artist joins fight vs Cybercrime Act

A proclaimed national artist has added his voice in the cacophony asking the Supreme Court to suspend the implementation of the controversial Cybercrime Prevention Act of 2012 for allegedly being unconstitutional. National Artist for Literature Bienvenido Lumbera, together with members of progressive organizations and some concerned citizens, wanted the high court to issue a temporary restraining order on the implementation of Republic Act 10175 on October 3, Wednesday. Theirs was the seventh petition filed against the Cybercrime Prevention Act of 2012, which President Benigno Aquino III signed last Sept. 12.   “While RA 10175 is yet to take effect merely two days upon the filing of this petition, and that another remedy may appear to be appropriate in such a situation that a special civil action for certiorari and prohibition,” the petitioners said in their petition.   “A temporary restraining order and/or preliminary injunction be issued in order to restrain the public respondents from executive department from the implementation of assailed provisions – Sections 4, 5, 6, 7, 12, 17, 19 and 20 of Republic Act No. 10175,” they added.   Sections 4 and 5 of the law tackle the various offenses covered under the Cybercrime Act, including online libel, which the petitioners said was in violation of the people's right to free speech.   On the other hand, Section 6 and 7 hand down a higher-degree of punishment for people found guilty of libel and allow them to be charged separately under the Revised Penal Code for the same offense. Section 12, meanwhile, authorizes the real-time collection of traffic data, while Section 17 allows service providers and law enforcement agencies to destroy the computer data.   Section 19 of the law gives the Department of Justice the authority to restrict or block access to computer data that would be found prima facie in violation of the Cybercrime Law, while Section 20 states the penalties for those who fail to comply with the law’s provisions.   Joining Lumbera in the petition were Bagong Alyansang Makabayan secretary general Renato Reyes, Kilusang Mayo Uno chairperson Elmer Labog, Karapatan secretary general Cristina Palabay, Courage chairperson Ferdinand Gaite, Anakpawis vice president Joel Maglunsod, Grabriela Women’s party-list secretary general Lana Linaban, Adolfo Ares Gutierrez and Julius Garcia Matibag. Aside from being a proclaimed national artist, Lumbera also heads the Concerned Artists of the Philippines. He is also a recipient of the Ramon Magsaysay Award for Journalism, Literature and Creative Communications.  Unconstitutional The petitioners argued that the newly signed law was unconstitutional as it invades fundamental human rights. “Republic Act 10175… infringes unconstitutionally and constitutes a sweeping intrusion into the people’s freedom of speech, of expression, and of the press, right against unreasonable searches and seizures, and right to privacy, and other fundamental freedoms,” it said.   Named respondents in the 30-page petition were President Benigno Aquino III, Executive Secretary Paquito N. Ochoa Jr., Senate President Juan Ponce Enrile, House Speaker Feliciano Belmonte Jr., Justice Secretary Leila De Lima, and Information and Communications and Technology Office executive director Louis Napoleon Casambre.   Also named respondents were National Bureau of Investigation director Nonnatus Caesar Rojas, Philippine National Police chief Nicanor Bartolome, and Interior Secretary Mar Roxas.   Earlier in the day, the Kabataan party-list group filed a similar petition against the controversial measure, citing the law’s “vagueness” on its online libel provision. - Rouchelle Dinglasan/KBK, GMA News