Tuesday, October 2, 2012

History Repeats Itself : The New Form of Martial Law

In our present society, Cyberspace has become the stage of the best and worst that people can create whenever they’re online. Thanks to it, people are given the chance to showcase their artistic and individual ideas. However, as time progressed, it has also become the breeding ground for online trolls and cybercriminals.  With that, many Filipino senators have decided to create and pass a law that may soon change the Philippine cyberspace forever.




The Republic Act No. 10175, known as “An act defining Cybercrime, Providing for the Prevention, Investigation, Suppression and the Imposition of Penalties therefor and for other Purposes or to most people as the “Philippine Cybercrime Prevention Act”, was created in order to provide an environment for the people which reinforces development and acceleration with regards to the exchange and delivery of information. It was also created to protect the integrity and confidentiality of the people from any forms of misuse, abuse and illegal access of cybercriminals.  It prevents a person from using libelous words against another person and stop hackers from invading the privacy of netizens. From this, we may deduce that the law is very useful to the people. However, it also has some severe elements that cannot simply be ignored. 

First of all, because of R.A. No. 10175, any law-abiding citizen who happens to use blogs, Facebook, and Twitter to pour his or her emotions against any other citizen can be considered as a cybercriminal.  The Philippine Cybercrime Prevention Act filters what people say and forces them to simply say nice things. Even if the person is telling the truth, if he or she publicly causes the dishonor, discredit, or contempt of another person, he or she is effectively considered a criminal and guilty of Libel. The law basically states that if you can’t say anything good, then you better say nothing at all or else, it’s six to twelve years imprisonment and a maximum fine of 1,000,000 pesos for you.

Second, the law also disregards the freedom of speech of the people. It ignores the Article III of the Bill of Rights of the1987 Constitution which 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 of grievances” and the United Nations Human Rights Council which declares internet to be a human right.  It also effectively puts out democracy and bestows all the power to the Department of Justice just like how the freedom of speech was taken from the people during the Marcos Administration decades ago.

And lastly, the law compels the Internet users to stop downloading files from a lot of websites. These files include games, movies, music and torrents. It prevents the netizens to enjoy the privileges the Internet offers them just because the Government wants to stop hackers and libelous people from doing their deeds.

For many years the Philippine Government has been the symbol of freedom and liberty to the people. Now, thanks to the Cybercrime Law, it has become the very thing that binds the people in a society divided between darkness and in light.  

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