Legarda pushes decriminalization of libel in cybercrime law

As petitions piled up at the Supreme Court, Sen. Loren Legarda opened a new front in the battle against the anti-cybercrime law by filing a bill decriminalizing libel.  "Consistent with the Constitutional mandate of promoting free expression, it is imperative for institutions such as the legislative branch of government to adopt a policy towards the proliferation of a free market of ideas," Legarda said Monday after proposing amendments that would, among other things, repeal the cybercrime law’s libel provisions. Legarda's was the second bill to formally propose changes to the controversial law. On Oct. 2, Sen. Francis Escudero filed the first of such bill, Senate Bill 3288.  This occurred on the same day that the Supreme Court received the 15th petition challenging the constitutionality of the law. The controversy over the law has generated world-wide publicity for its possible restrictions on freedom of information on the Internet, including new powers granted to the Justice Secretary to block access to content on websites. The law also substantially increases the criminal penalties for online libel. 

 

Legarda explained that there is a need to strike a balance between the government's role of protecting the citizenry and upholding freedom of expression.

 

"The vulnerability of cyberspace to pollutants such as pornography, cybersex, fraudulent practices and promotion of human trafficking were precisely the reasons for the passage of the Cybercrime Prevention Act of 2012," she said, "However, adopting such a policy to prevent pollutants from spoiling the minds of our people must not be done at the expense of our valued right to free speech." 

 

Legarda filed Senate Bill 3294 which would decriminalize libel by removing the penalties of a fine and imprisonment.

 

"While the Bill of Rights of the 1987 Constitution guarantees the freedom of speech, experience has shown us that such is easily stifled with the mere threat of criminal libel," she said.

 

"Apart from threatening our citizenry's long-cherished Constitutionally-guaranteed freedom, the continued criminalization of libel will be a huge hindrance in efforts aimed at promoting good governance and exacting accountability on our public officials," she added.

 

Legarda filed similar bills in 2001 and 2007.

 

Sotto hits cyberbullies anew

 

Meanwhile, Senate Majority Leader Vicente Sotto III withdrew the bill he filed correcting the supposed flaws in the controversial law, while denouncing the cyberbullying he said he suffered.

 

"Friday pinayl ko, Monday, kaninang umaga, winithdraw ko dahil narinig ko yung stand ni Presidente (Benigno Aquino III)," said Sotto.

 

Aquino earlier said he wanted the libel provision to stay in the law.

 

Also, Sotto said he will refile the bill and even seek for the abolition of the libel law if the Supreme Court will rule in favor of the petitions filed against the cybercrime law.

 

"Dapat patas patas. Hindi lang online ang walang libel, pati kayo din (mainstream media) walang libel. E gusto nila press freedom, pinapantay ko lang. Nile-level ko lang sila sa inyo," he said.

 

Sotto, in a privilege speech Monday, also clarified that he did not suggest the inclusion of a libel provision in the law in order to retaliate against those who bullied him on the Internet.

 

"The cyberbullying attacks I got was in August and September of 2012, way, way beyond June 5 na tapos na sa Senado ‘tong cybercrime law," he said.

 

"These cyberbullies should not be presumptuous. Parang KSP, feeling important. The Senate will enact a law na kokontrahin sila, re-retaliate sila? Excuse me, ha," said the senator. — DVM/HS, GMA News