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UP MassComm: Cybercrime Law will have 'chilling effect' on students
Even students will not be spared the chilling effect of the Cybercrime Prevention Act of 2012, the University of the Philippines' College of Mass Communication warned Monday, the eve of the Supreme Court's tackling of the controversial measure.
In a statement, the UP CMC said the new law, with its provisions on online libel, threatens to undermine both free expression and communication education.
"The new law clearly has a chilling effect not only on communication and journalism students and media practitioners, but also on everyone else as well since it subjects practically all interpersonal communication processes through the new media and 'other devices' to subsequent punishment including imprisonment," it said.
Under the law, it said anyone who uses email to communicate, who uploads photos and videos as well as information and opinion via social media, blogs, chat rooms or news sites, or who use mobile phones can be denied their right to free expression "by being accused of uploading and transmitting libelous content, and their posts taken down or barred from access."
The college noted it had already started uploading its research works online, just like other colleges and units of the university.
"What will happen to these works which may be seen as controversial or offensive by some parties? UP CMC has produced, for example, investigative reports and theses that directly criticize prominent and powerful individuals. The UP CMC is concerned that as a result of the new law, students would avoid conducting research on controversial topics," it said.
While it said there is reason to go after those engaged in offenses like child pornography, the new law casts such a wide net that "even ordinary conversations in chat rooms online on, say, governance matters, that the Department of Justice can simply describe as libelous can lead to the imprisonment of those involved."
The UP-CMC also pointed out communication and journalism students in the Philippines have been taught that freedom of expression and of the press are rights guaranteed by the Constitution and are the foundations of the independence and freedom in which responsible journalism and media practice can flourish.
Yet, it lamented Republic Act 10175 passed Congress and was signed by the President into law despite its inconsistency with Article III, Section 4 of the 1987 Constitution and the long-term damage it can do to democratic discourse.
Worse, it said the law also defines vaguely terms like “data interference” where even satirical memes could be classified as punishable acts of “alteration” of “electronic documents.”
Because of these reasons, the college said communication and journalism faculty and students must join concerned journalists, bloggers and other citizens in opposing and demanding the repeal of the new law.
"UP CMC therefore joins the press and media community in calling for the immediate repeal of the Cybercrime Prevention Act of 2012 and encourages its faculty, students, staff, alumni and friends to lend their voices in opposing this repressive law," it added.
DOJ powers for data collection, blocking
The UP-CMC noted the new law empowers the Philippine National Police and the National Bureau of Investigation “to collect or record by technical or electronic means traffic data in real-time associated with specific communications transmitted by means of a computer center,” which it said is a violation of the right to privacy without the benefit of a court order.
It added the law also empowers the Department of Justice (DOJ), after finding prima facie evidence, “to restrict or block access to…computer data.”
"This particular provision makes it possible for the powers-that-be to censor Internet content which includes news media, online publications, blogs and social networking sites," it said.
'Widening scope of repression'
The college said that by including libel among the list of cybercrimes in the new law, the Aquino administration is widening its scope of repression despite the decades-old call of the media and journalism community to decriminalize it.
It also noted the United Nations’ declaration that not only is libel excessive, it is also inconsistent with the international human rights protocols to which the Philippines is a signatory.
"RA 10175 clearly imposes unacceptable constraints on reporting and the shaping of public opinion through whatever medium which is the essence of responsible communication and journalism," it said.
Among those who signed the statement were:
College Executive Board
Dr. Roland Tolentino, CMC Dean
Prof. Randy Jay Solis, College Secretary
Prof. Jane Vinculado, Officer-in-Charge, Broadcast Communication Department
Dr. Florinda Mateo, Chair, Communication Research Department
Prof. Lucia Tangi, Officer-in-Charge, Journalism Department
Prof. Roehl Jamon, Director, UP Film Institute
Dr. Arminda Santiago, Chair, Graduate Studies Department
Dr. Clarissa David, Director, Office of Research and Publication
Prof. Luis Teodoro, CMC Former Dean
Faculty
Broadcast Communication
Prof. Fernando Austria, Jr.
Prof. Rosa Maria Feliciano
Prof. Victor Avecilla
Prof. Elizabeth Enriquez
Communication Research
Dr. Lourdes Portus
Dr. Jose Lacson, Jr.
Journalism Department
Prof. Danilo Arao
Ms. Teresa Congjuico
UP Film Institute
Dr. Grace Alfonso
Prof. Libay Linsangan Cantor
Prof. Jose Gutierrez III
Prof. Shirley Evidente
Lecturers
Twink Macaraig
Marinela Aseron
Melba Estonilo
Aleth Gayosa
Administrative Staff
Gina Villegas
Clarissa Concepcion
Lamberto Rosario
Chryl Martinez
Jonathan Beldia
Fernando Manalo
Marianita P. Cinco
James Zingapan
Jamela Tolentino
Janette Pamaylaon
Placida Sodoy
Regina Mendez
Alex Tamayo
Graduate Students
Jeff Ragragio
Marikit Castillo
Joseph Navarro
Jaerold Marc Ramos
Evelyn Katigbak
Grace Gato
Kim Marcelo
Undergraduate Students
Darlene Cay
Layla Iliram
Marie Fatima Gaw
Rei Maricon Pangilinan
Joseph Alovera III
Krystelle Vergara
Hazel Tan
Lorenzo Vidal
Isabel Soresca
Shane David
Jason Verzal
Alejandro Cuaresma
Jovianne Figuerroa
Ace Ilagan
Blessie Javier
Princess Marielle Sesuca
James Leocadio
Annicalou Tañaquin
Pauline Requesto
Kaliska Dominica Peralta
Tessalonica Gayanes
Jasmine Afuang
Kassandra Cabiling
Anjeline Angeles
Martika Ramirez
Maica Martinez
— TJD, GMA News
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