My position regarding what has become Republic Act No. 10175, the Cybercrime Prevention Act of 2012, has not changed since I first went over the Senate version (Senate Bill No. 2796) several months ago: I maintain that it is a deeply flawed law that will not be able to properly address the problems it was ostensibly designed for, including, but not limited to, libel, cyber-bullying, and cyber-prostitution. Of course, back in February, I was content merely to air my anxiety, because I was fairly optimistic that the ill-conceived bill would not prosper, such optimism—or maybe I should say, with the benefit of hindsight, naïveté—being largely rooted in my reluctance to entertain the notion that the denizens of officialdom would act, to use a time-honored phrase, like a bunch of drooling incompetents.

It seems opportune to raise yet again the important question of whether our leaders understand what goes on in cyberspace, even as they attempt to engage the wired middle and upper classes—certainly not the general public, in view of extant data on the level of Internet penetration, not to mention access to electricity, in the country—by establishing and using all sorts of online properties, such as web sites, blogs, and social media accounts.

The massive outcry against the anti-cybercrime law, which, as of this writing, includes four separate petitions filed with the Supreme Court by various groups, has found the apparatchiks of this administration scrambling to defend the decision of President Benigno S. Aquino III to sign it into law. For instance, at a press briefing yesterday, September 27, Presidential Spokesman Edwin Lacierda, urging critics to wait for the pertinent Implementing Rules and Regulations (IRR), said that “freedom of expression is not absolute”, and that the law “[attaches] responsibilities in cyberspace”—pronouncements that are not without merit and would be difficult to disagree with, but tend to come across as incongruous at the very least, considering that Lacierda, along with other Palace functionaries, has been known to happily heckle political opponents—transport strike organizers and participants, say, or former Chief Justice Renato Corona—using his Twitter account, and could more convincingly serve as an exemplar of irresponsible online behavior than the opposite, especially because, by virtue of his position, he is supposed to speak with the voice of the Chief Executive.

Similarly irresponsible, as well as disingenuous, are the arguments advanced by Presidential Communications Development and Strategic Planning Office (PCDSPO) Undersecretary Manuel L. Quezon III, who, in response to blogger Jon Limjap’s tweet that the law, presumably on account of its provisions on libel, could be used “to silence political critics online“, replied that Limjap’s “sweeping” statement “ignores the [C]onstitution and its guarantees“, adding that the Act contained nothing that “any columnist hasn’t had to live with since time immemorial“. I would have thought that the following patently obvious things need not be said: first, the Constitution will not prevent—and in fact allows—the litigious from threatening to file or actually filing lawsuits, as Quezon himself knows from experience, whatever the courts eventually decide; second, the majority of people online are not columnists and have had no journalistic training, though pretenders do proliferate; and third, just because a particular state of affairs has persisted “since time immemorial” is not a reason to maintain said state.

None of the foregoing is to advocate that a kind of exceptionalism be observed with reference to cyberspace and the various activities that go on it it, as The Philippine Star columnist Federico J. Pascual seems to believe, rather strangely, of those against the anti-cybercrime law. I do think that there is much that deserves to be regulated online, although that requires a separate discussion. The process of law-making, however, ought to be undertaken with intelligence, sensitivity, and no small amount of caution. Given the disturbing implications of the Act in its current form, a severe shortage of precisely the aforementioned qualities may well be afflicting Congress and Malacañang, and now time, energy, and taxpayer money must be spent, if not squandered, in the fight against a law that, as Cocoy Dayao has pointed out, could have been crafted “far, far better“, and would therefore have been a more efficient use of national resources.

It is interesting to note that, according to a recent report, Aquino did not exercise his veto power over the Act because the office of Executive Secretary Paquito Ochoa, Jr. prepared a legal memorandum recommending the law for signing. Perhaps Ochoa or Aquino might be prevailed upon to release the contents of this memorandum to the public,  in order that the rationale behind the approval of the Act by a President who has repeatedly asserted his commitment to freedom and transparency might be understood by the people it will affect—the so-called bosses in whose interests he claims to work, and to whom he now owes a clear explanation.

Jay Salazar (44 Posts)

Jaime Oscar M. Salazar has been blogging intermittently since 2002. He lives and works in Metro Manila. His personal blog is Random Salt.


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  • UPnnGrd

    Lacierda and any one of the Executive Department can harass and make mockeries of any one because The Executive Department can not be sued for libel.

    And don’t forget how deLima and Malakanyang is defending agents of Malakanyang disregarding Supreme Court TRO’s — that POLLICE POWER gives any agent of Malakanyang the prerogative to do so.

  • manuelbuencamino

    A royal fuck up. The president signed a not well thought out law or maybe it was well thought out by politicians as a doomsday bomb against their critics either way Malacañan has not given a satisfactory explanation for the president’s involvement in this whole affair.

    • cocoy

      The President needs to do a Tim Cook. Own up to the faux pas, and vow to reverse this f*ck up.

      • UPnnGrd

        Making the bill into a law is not a social blunder. Signing a bill into law is always a big-time decision. No one would sign a bill into law without careful deliberation and advise from lawyers and other people. Lacierda has already stated that PresiNoynoy had signed the law to impose more order on cyber-space.