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DOJ can ban Facebook, Twitter, 9gag with Cybercrime Law – youth partylist

29 September 2012 14,406 views 22 Comments
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Netizens up in arms against RA 10175

 

Not only can Republic Act 10175 or the Cybercrime Prevention Law potentially incriminate netizens through their Facebook statuses and tweets, the new law also empowers the Department of Justice (DOJ) to block access to social media networks and websites, including Facebook, Twitter, and the popular meme-based website 9gag, Kabataan Partylist warned Saturday.

In a public forum held at the UP College of Mass Communication on September 29, Kabataan Partylist Rep. Raymond Palatino explained that “such is the power that the Anti-Cybercrime Law gives to DOJ that even access to social networking sites may soon be lost.”

Atty. James Mark Terry Ridon, national president and general counsel of Kabataan Partylist, explained that DOJ can “theoretically invoke” Section 19 of RA 10175 to impose a total access ban on social networking sites in the future.

Section 19 states, “When a computer data is prima facie found to be in violation of the provisions of this Act, the DOJ shall issue an order to restrict or block access to such computer data.”

“This effectively gives DOJ total control of the Internet in the Philippines. As only prima facie evidence is needed, the new law has done away with due process,” Palatino said.

Online censorship under Section 19 is more encompassing than traditional censorship, Palatino added. “If for example, an online article is said to be libellous, DOJ may order the total shutdown of its host domain, effectively censoring not just the article in question, but also other articles in that site – a clear violation of the constitutional right to free speech.”

“There may come a time when DOJ and the courts will be swamped with reports of violations of the Anti-Cybercrime Law committed in sites like Facebook, Twitter, and 9gag. The violations are not limited to libellous material – people can report phishing, illegal access and other violations being committed in these sites, and it would become more practical for DOJ to simply block access not only to the content or data in question but to the very sites themselves,” Ridon explained.

“DOJ is thus effectively given the power to cut Philippine access to Facebook, Twitter and other social networking sites. This is how restrictive the new law is,” Palatino said.

According to global social media and digital analytics company Socialbakers, there are over 29.6 million Facebook users in the Philippines, with the country ranking 8th in the company’s list of top Facebook user statistics in the world.

Meanwhile, social media monitor Semiocast reports that around 9.5 million Filipinos use Twitter, placing the country in rank 10 of Semiocast’s list of countries with the most number of Twitter users.

“It would be a great inconvenience for millions of Filipino netizens if such total blockade occurs. Once the DOJ realizes this new power and uses this provision to take down dissident websites – that would be the death of Internet freedom as we know it,” Palatino said.

Netizens up in arms

Various online petitions have already been set up against RA 10175. One online petition started by Kabataan Partylist, which calls for the outright junking of the new law, has reached over 8,000 signatories (see kabataanpartylist.com for details).

“We, the youth, students, journalists, activists, bloggers, and netizens of the Philippines express our outright condemnation to the passage of the Cybercrime Prevention Act of 2012, which poses serious threats to Internet freedom, the right to privacy and other essential civil liberties including the freedom of speech, expression, and the press,” the petition read.

“The right to speak one’s mind, to share opinions and initiate discussion and debate is essential. I agree that there is a necessity to combat cybercrime and Internet-related offenses – but I cannot agree with a law that is proposing online censorship and violates civil liberties,” said netizen Noelle Pico, one of the signatories in the online petition.

“We’re in a democratic country with the privilege for freedom of speech and freedom for the use of Internet. I don’t want the government to take it away from me,” netizen Marielle Rosal added.

Legal offensive

Though a couple of petitions have already been filed in the Supreme Court calling for a temporary restraining order (TRO) on the implementation of RA 10175, Kabataan Partylist will also file a petition for prohibition in the high court on Monday, with youth groups, students, and academics as main petitioners.

“Our petition will mainly revolve on the issues of the inclusion of online libel, enforcement of the law, and due process. We will show in particular how this new law could potentially abridge the youth’s freedom of expression,” Ridon said.

An initial list of signatories on the said petition includes Palatino, ACT Teachers Partylist Rep. Antonio Tinio, UP Student Regent Cleve Arguelles, Philippine Collegian Editor-in-Chief Katherine Elona, and UP College of Mass Communication Dean Roland Tolentino.

Internet Freedom Bill

Meanwhile, Palatino is also set to file on Monday an “Internet Freedom Bill” in Congress, which will effectively repeal contentious provisions in RA 10175 and enumerate the rights of netizens.

“If we analyze the Cybercrime Law, it is apparent that it restricts rather than protect netizens. Apart from repealing RA 10175 through the Internet Freedom Bill, we intend to lay down the inalienable rights of Filipino Internet users,” Palatino said.

Last July, the United Nations Human Rights Council unanimously approved a resolution which added Internet access and online freedom of expression to the list of basic human rights.

“With the Internet Freedom Bill, we seek to assert this right, and ensure that the Internet is free from censorship and totalitarian suppression,” Palatino said.###

  • http://twitter.com/areffio reian

    Real talk though, these politicians need to know that social media is here to stay. The internet is here to stay, these motherfuckers are so backwards that they fail to see the importance and power of online social.
    It’s ironic that Filipinos were aggressively against US’ SOPA but they let this Cybercrime Law pass.

  • http://www.facebook.com/NZeiram Nicholo Patrick Manzano Cacho

    oh man… haven’t they even learn what happen in unites states? are they even prepared for this? i mean the cause of blocking and controlling online social media?

    • http://www.facebook.com/JNCalvara John Nathaniel Calvara

      We all know we have screwed-up policians here. This is why politics is the last topic I want to talk about.

  • asdw

    Politics!

    What r u doin?
    Politics!
    STAHP!

    • Nag mamasid lang

      bunch of genius…

  • Anonymous

    Continue hacking sites Anonymous ..
    till the government learn their lessons

  • anonymous

    netizens……… we are calling anonymous hackers.. PLS hacked them to stop this cyber crime THIS SHITS.!!!!.

  • asdad

    They have the power to ban Social Networking site ? How about they ban some corrupt Politician first and improve the country ?

  • Czeon

    deym… the social networking sites doesn’t commit any crime..xD. politicians.. they just want to show off..xD

  • Nag mamasid lang

    di nag iisip ang mga politicians natin sa kung anong masamang epekto ang pwedeng mangyare sa kanila. tingin ko, hindi sila ganun ka updated… ok lang kung pornsites at facebook (hindi na rin kasi nagagamit ng maayos) lang ang i boblock,,, wag lang isama ang torrent at mga forum sites na maraming kapaki pakinabang na informasyon ang pwedeng pag usapan… kaya rin siguro to naungkay ulit dahil pinag pyestahan si sen. sotto ng mga blog site dahil sa ginawa niyang pangagaya ng speech ( na cyber bully daw siya) at dinagdag nalang na dahilan ang mga nakalipas na nangyare, ex. k. halili. ramgen scandal. etc… for short. hindi sila konteto sa pag control ng tv media, (opinion ko yun) gusto nila pati interactive media, social sites,at flow ng patalastas (kasi bawal na mag promote ng walang abiso)···

    sorry for the long post…

    ika nga isa sa naka embento ng world wide web…

    “At the moment, because countries connect to each other in lots of different ways, there is no one off switch, there is no central place where you can turn it off.

    tim berners-lee

  • http://www.facebook.com/profile.php?id=100000088956732 Jedric Castille L. Serrano

    see, here’s the thing… This is what happens when a government is ruled by someone irresponsibly stupid.

  • anonymous

    useless. everyone should register a vpn account and get there hands on “LOIC”, google it if you want to know what purpose it can do

  • Androcker

    and politicians will use social networks to promote themselves for the upcoming election.. ohhh the irony.. only in the Philippines

  • Xavier

    You politicians are using this law to cover your ass off! You can’t even make government sites secure, now you implement this law? Shame on you! This is totally crap.. Let’s see on 2013 election. Guys, remember those names who signed to pass that shitty bill, especially you Tito Sotto! EPAL MO!

  • http://www.facebook.com/the.crimson.muse Czarina Graciosa Escasinas

    What the heck?? And they say this law won’t abridge the Filipinos’ Internet Rights??

  • meme18

    kung sana ung budget nila para sa law na ito ay ilaan na lang sa health issues ng bansa like i dont know RH BILL??!! ang tagal tagal na ng rh bill sa senado ito pa ang nauna nilang naaprubahan. seriously??!!! ><

  • Matt

    I don’t give 2 shits about 9gag. It’s just plain cancer

  • http://www.facebook.com/lee.leander.7 Lee Leander

    …IT’S ALL DIVERSIONARY TACTICS!…nagkakagulo tayong lahat dito sa ANTI-CYBER CRIME LAW…na siyang dapat!…pero ang pagkakagulong nating ito ay lalong pabor lamang sa p-noy admin… they have planned all these with the anticipated resulting cacophonies…it’s all part of a cloak and dagger plan & we’re all playing well in one of their games in subtle corruption… all these…para matabunan at di na mapansin ang mas mahalagang usapin para maipasa ang FREEDOM OF INFORMATION BILL…kapag nagtuloy-tuloy without contest or amendments, as the p-noy admin planned it, ang anti-cyber crime law will be one of their repressive tools to control/apprehend all the nosy concerned citizens in exposing the p-noy admin’s boxes of pandora… and these repressive tool is now succesfully gaining it’s ground through confusing subliminal chaos effecting the masses at large…

  • http://www.facebook.com/lee.leander.7 Lee Leander

    …IT’S ALL DIVERSIONARY TACTICS!…nagkakagulo tayong lahat dito sa ANTI-CYBER CRIME LAW…na siyang dapat!…pero ang pagkakagulong nating ito ay lalong pabor lamang sa p-noy admin… they have planned all these with the anticipated resulting cacophonies…it’s all part of a cloak and dagger plan & we’re all playing well in one of their games in subtle corruption… all these…para matabunan at di na mapansin ang mas mahalagang usapin para maipasa ang FREEDOM OF INFORMATION BILL…kapag nagtuloy-tuloy without contest or amendments, as the p-noy admin planned it, ang anti-cyber crime law will be one of their repressive tools to control/apprehend all the nosy concerned citizens in exposing the p-noy admin’s boxes of pandora… and these repressive tool is now succesfully gaining it’s ground through confusing subliminal chaos effecting the masses at large…

  • http://twitter.com/WHATDHAFHAK Daniel O. Ballo-allo

    putanginang batas na ito ;|

  • http://www.noypigeeks.com/ NoypiGeeks

    Stupidity at its finest. This will explode if it will not be fixed.

  • Emmanuel Saavedra

    Isang walang kwentang batas na ang layunin lamang ay bigyan ng proteksyon ang mga nakaupo sa gobyerno.