Congress won't send lawyer to defend cybercrime law's 'take down' clause — Harry Roque Jr.

Congress no longer plans to defend a portion of the cybercrime law that empowers the Department of Justice (DOJ) to block computer data found to be in violation of the controversial law. In an interview with reporters at the Supreme Court on Tuesday, University of the Philippines law professor Harry Roque Jr., who is a petitioner against the Cybercrime Prevention Act of 2012, said he learned that Congress no longer plans to send a lawyer to the oral arguments through a "compliance" from the Office of the Solicitor General. "Nag-file ng compoliance ang SolGen na nagsasabing hindi na magpapadala ng abugado ang Congress para depensahan ang 'take down clause' [Section 19] ng cybercrime law," Roque said. Section 19 was branded as a "take down clause" as it authorizes the DOJ to "issue an order to restrict or block access to such computer data... when a computer data is prima facie found to be in violation of the provisions of this Act." Roque welcomed the Solictor General's action, saying he thinks that could help strengthen their position against the law, which was enacted by President Benigno Aquino III in September last year. The Supreme Court has earlier issued a 120-day temporary restraining order against the implementation of the law. The TRO will expire in February. "Maganda iyan dahil ang lumalabas dito, walang ahensiya ng gobyerno na dedepensa sa take down clause... walang tumututol kung baga sa sinasabi ng petitioners na unconstitutional ang Sec 19," Roque said. Earlier this month, Roque said he received a document from the OSG specifically agreeing to his camp's argument that Section 19 is unconstitutional. "The OSG has conceded on this issue but it will still be argued in the oral argument," Roque said at the time. Critics of the law claimed Section 19 would violate a person's constitutional right to free expression and right to due process as it is tantamount to prior restraint. Sen. Teofisto Guingona III, one of the 16 petitioners against the law, said in his petition that Section 19 would give the DOJ "unbridled authority and an extraordinary power." — Mark D. Merueñas/KBK, GMA News