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8/21/2019 Legal Research Article

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“Cybercrime Prevention Act of 2012”: Still a Good Law

Last Tuesday as I was checking my social networking accounts, my

newsfeed was flooded with posts regarding the “Cybercrime Prevention Act of

2012” which took effect the following day (October 3, 2012). Most of my friends

called out for a black-out protest. At first, I thought that the network is having

a problem due to their black profile pictures and cover photos as well as hidden

statuses and comments. But indeed it was actually a protest against the said

law.

Out of curiosity, I allocated a bit of my time reading the new law before

making any comment about it. It provides specific guidelines on the prevention,

investigation, suppression and the imposition of penalties for cybercrimes.

Cybercrimes are describe as follows – illegal access, interception, data and

system interference, identity theft, cybersex, “cyber-squatting” or the

misleading acquisition of internet domains, child pornography, and online

libel. For me it is a good law as it will aid the law enforcers in solving

cybercrimes which are drastically present in our society today such as

cybersex, child pornography, identity theft and even cyber bulling. This could

also boost our economy most especially in the field of IT and E-Commerce as

investors now can feel the security in electronic transactions. Hackers can now



be prosecuted for their undesirable acts. It is also good to know that cyber

legislation is responsive to emerging technological advancements in our society

today.

In every rule there is always an exception. I come across one provision

which I think is oppressive. It is the insertion of online libel in the list of

dangerous cybercrimes which would fundamentally affect and alter the

implementation of the said law. Section 4 (4) of the Cybercrime Law provides

that"The unlawful and prohibited acts of libel as defined in Article 355 of the

Revised Penal Code, as amended, committed through a computer system or any

other similar means which may be devised in the future." Libel is a content-

related offense that can be committed by anybody using the computer. It has

the penalty of prision mayor which ranges from 6 years and 1 day to 12 years in

prison. I find it inequitable due to the fact that online libel has a greater

penalty compared to the usual media which has the imprisonment of up to 4

years and two months only. There is also a vague definition of what constitutes

libel which I think is unfair to us. In my opinion, that provision about libel

needs amendment or even to strike it out in order to implement the remaining

good provisions as it is for the benefit of our nation.



Article III, Section 4 of the Philippine Constitution states that“No law

shall be passed abridging the freedom of speech, of expression, or of the press,

or the right of the people peaceably to assemble and petition the Government for

redress grievances.” Although many of us think that it deprives us of our

freedom of expression, I still believe that it is not intended that way. I consider

it as a guiding principle that we must be responsible in our actions not only in

cyberspace but in all occasions wherever we may be. We should always

remember what Article 19 of the Civil Code of the Philippines is trying to imply

to us as human being that“Every person must, in the exercise of his rights and

in the performance of his duties, act with justice, give everyone his due, and

observe honesty and good faith.” It is on how responsible and disciplined you

are that is always the bottom line. It is not in the law, it is in the people. As

Buddha once said,"Whatever words we utter should be chosen with care for

people will hear them and be influenced by them for good or ill."

Julie Ann Mae Pajo

LLB 1 EH 301

Legal Research

Atty. Jose Glenn Capanas

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