Senator TG Guingona files SC Petition vs #cybercrimelaw : Petition seeks to void questionable provisions
Senator Teofisto “TG” Guingona III on Thursday filed a petition before the Supreme Court that seeks to void questionable provisions in the Republic Act 10175, otherwise known as the Cybercrime Prevention Act of 2012 that infringe on the Constitutional-guaranteed freedom of speech and expression.
Sen. Guingona made the petition to correct the overly vague and oppressive provisions on libel, which makes a fatal step backwards.
He opposed the passage of the bill in the Senate but was outvoted. Now, he is pushing to strike the contested provisions in the newly-enacted law through the Supreme Court.
However, the Senator clarified that a cybercrime prevention act is necessary in the Philippines. Unfortunately, the recently-passed law contains confusing and vague provisions that suppresses the citizens’ right to freedom of speech and expression.
Sen. Guingona pinpointed that he is contesting the particular law, first due to its vagueness where there is no limitations against liability,” he said.
“Without a clear definition of the crime of libel and the persons liable, virtually, any person can now be charged with a crime –even if you just like, retweet or comment on an online update or blog post containing criticisms.
Second, Sen. Guingona added that the Cybercrime Prevention Act of 2012 is unfair because cyber-libel gets graver punishment. It also demonizes technology and sends the message that the computer user is more evil than those who write on traditional media.
Punishment for traditional print media libel is up to four years and two months while online libel is punishable by 12-year imprisonment period.
Third, Sen. Guingona said that this new law is oppressive. A person can be prosecuted for libel under the Revised Penal Code and libel under the Cybercrime Prevention Act. This is contrary to the 1987 Constitution which protects its people against double jeopardy.
He encourages the online community to join in the protest in order for their voices to be heard against the new oppressive law.
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Noemi Lardizabal-Dado
Noemi Lardizabal-Dado is a Content Strategist with over 16 years experience in blogging, content management, citizen advocacy and media literacy and over 26 years in web development. Otherwise known as @MomBlogger on social media, she believes in making a difference in the lives of her children by advocating social change for social good. She is a co-founder and a member of the editorial board of Blog Watch . She is a resource speaker on media literacy, social media , blogging, digital citizenship, good governance, transparency, parenting, women’s rights and wellness, and cyber safety. Her personal blogs such as aboutmyrecovery.com (parenting) , pinoyfoodblog.com (recipes), techiegadgets.com (gadgets) and benguetarabica.coffee keep her busy outside of Blog Watch. Disclosure: I am an advocate. I am NOT neutral. I will NOT give social media mileage to members of political clans, epal, a previous candidate for the same position and those I believe are a waste of taxpayers' money. I do not support or belong to any political party. I was part of accredited media covering the Office of the Vice President and Leni Robredo as she ran as a presidential aspirant in the 2022 National and local elections. On August 5, 2021, YouTube announced that I was selected as one of 50 Program participants of its Creator Program for Independent Journalists She was a Senior Consultant for ALL media engagements for the PCOO-led Committee on Media Affairs & Strategic Communications (CMASC) under the ASEAN 2017 National Organizing Council from January 4 -July 5, 2017. Having been an ASEAN advocate since 2011, she has written extensively about the benefits of the ASEAN community and as a region of opportunities on Blog Watch and aboutmyrecovery.com. Organization affiliation includes Consortium on Democracy and Disinformation Updated June 6, 2022