Cayetano seeks major overhaul, decriminalization of libel

By October 14, 2012Headlines, News

ANTI-CYBERCRIME ACT

JOURNALISTS and netizens in Pangasinan can look forward to a new deal in confronting the risks to their daily practice.

Senate Minority Leader Alan Peter S. Cayetano recently filed three bills seeking to amend major provisions in the controversial Cybercrime Act and to decriminalize libel and defamation in a comprehensive approach to promote freedom of expression in the country.

He filed SB 3301 seeking to repeal sections 4(c) (4), 5, 6 and 7 of RA 10175 on the ground that these are “unconstitutionally overbroad, vague and violate the Constitutional provisions against double jeopardy.”

He also filed Senate Bill (SB) 3302 amending Section 19 of Republic Act (RA) 10175 stating that “No order of restriction or blocking of access to computer data for violation of provisions of this act shall be issued, except upon probable cause to be determined by a judge as required by law.”

Notably, he filed SB 3303 seeking to repeal chapter one, title thirteen, book two of the Revised Penal Code of the Philippines effectively decriminalizing libel and defamation.

“There is a need to repeal the criminal defamation laws in the country since the present laws create a chilling effect on the community. We need to balance the need to promote the right of freedom of expression and the government’s duty to hold accountable those who abuse it,” Cayetano said.

Cayetano stressed that decriminalizing libel will greatly minimize the use of it as tool for harassment against members of the media, particularly those in community journalism.

Meanwhile, he told The PUNCH that his is studying a proposal setting P100,000  as the maximum penalty for decriminalized libel.

NEW MEDIA

The minority leader lamented that those who are defending the anti-cybercrime law don’t really understand the Internet as a medium being a non-traditional media.

“This new media is about individual expressions, freedom, empowerment and our democracy. This means that the freedom of expression guaranteed by the Constitution has taken a new life in this medium,” he said.

He pointed out that the public’s reaction to the passage of the law should serve as a notice to lawmakers that although they were given the mandate by the people to represent them, people also want to be empowered.

Following several cases filed against the Cybercrime Act, the Supreme Court last week issued a temporary restraining order on the law.

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