Cayetano: Repeal
online libel clause in cybercrime law
Pushes to decriminalize
libel in penal code
By Office of the Senate
Majority Leader
February 19, 2014
PASAY CITY – Saying
it is one of the reasons he did not sign the Cybercrime Prevention Act
of 2012, Senate Majority Leader Alan Peter Cayetano is strongly urging
his colleagues in the 16th Congress to repeal the online libel
provision in the controversial law recently upheld as constitutional
by the Supreme Court.
In an interview with Senate
reporters, Cayetano pointed out that the said provision suppresses
internet users’ freedom of speech.
At the same time, Cayetano
pushed for the enactment of his bill which seeks to decriminalize
libel and all forms of criminal defamation as it is restrictive of the
freedom of expression, much like the provisions on online libel in the
much-debated Republic Act 10175.
“What is constitutional and
what is legal is not necessarily what is moral and what is right. The
Supreme Court based it on the legality of the provision. But on the
wisdom of the law, that is for Congress to determine,” Cayetano said.
“Kung magiging final yan,
trabaho ng Kongreso kaagad na i-repeal o i-modify iyan nang hindi
naman ganoon ang epekto.”
Cayetano is pushing for the
approval of Senate Bill No. 249, which in part mandates the repeal of
Sec. 4 (c) 4 of Chapter II of RA 10175 or the online libel provision
of the anti-cybercrime law.
The bill, which he filed in
July 1, 2013 during the first day of the 16th Congress, also calls for
the repeal of Sections 5 and 7 of RA 10175 which was already declared
as unconstitutional in part by the SC in its decision last Monday.
He also filed SB 248, which
also seeks the repeal of the “take-down” provision of the law that is
now also rendered unconstitutional by the High Court.
In urging his colleagues to
support SB 249, the Senate leader warned of the dire effects of the
online libel provision not only on the freedom of speech of netizens,
but on the Philippine justice system in general.
“Napakahirap ng magiging
epekto noon. Kahit anong sabihin mo na mao-offend ang ibang tao, pwede
kang kasuhan ng libel. That will kill the freedom of speech and the
creativity that we have in the internet,” he said.
“Kung magkakasuhan tayong
lahat, mapupuno ang mga korte, walang mangyayari kung hindi ang mga
piskalya, walang ibang gagawin kung hindi mag-prosecute ng internet at
social media libel cases.”
Cayetano further noted that
although people are discouraged from making defamatory statements
against others online, the internet should still be regarded as a
different kind of medium in which anyone has the right to express
their views and opinions.
“True, we should not libel
each other in the internet. But it is also true that the internet is a
different kind of medium... Hindi katulad yan, halimbawa, ng dyaryo.
Kapag nilagay sa dyaryo, people will believe the credibility of the
story, kaya dapat i-check muna ng mabuti ng mga journalist ang
kanilang facts. But in the internet, anyone says anything,” he said.
On the other hand, Cayetano
is also pushing for the enactment of Senate Bill 245, which seeks to
decriminalize libel and defamation.
The bill, he said, will pave
the way for the creation of a Civil Defamation Law which will only
impose civil penalties in the stead of criminal sanctions on all forms
of defamation.