The court disagreed with the contention of Free Legal Assistance Group regional coordinator Theodore Te, who led Rappler ’s defense, that cyber libel is the same crime as ordinary libel. falsity thereof. Katerina Francisco. 10175, also known as the Cybercrime Prevention Act of 2012. or imaginary, or any act, omission, condition, status, or circumstance. Some of our pages use cookies and similar technologies. Article 355 of the Revised Penal Code, referred to in R.A. 10175, provides: “Art. Carlos T. So, G.R. 184315, 25 November 2009). 10175 makes clear mention of libel related to Art. In the Philippines today, the most prominent name in the country's media landscape has been convicted for cyber libel. The private complainant can just allege that he accessed the defamatory online article in a far-flung place. e. The imputation must tend to cause the dishonor, discredit or contempt In response to developments in technology and the ever-growing use of multiple forms of social media in the Philippines, Congress enacted Republic Act No. On the matter of Harry Roque, professor of constitutional law at the University of the Philippines. "Three times longer imprisonment. Art. 42 It was promulgated to regulate speech that criticized foreign rule. Lian Buan. Republic Act No. A full-service law firm dedicated to delivering a broad range of quality legal services which large firms are able to deliver but with the personal touch which only small firms can provide. (Sec. There are various ways libel can be committed. other similar means. Article 2219, paragraph (7) of the Civil Code allows the recovery of moral damages in case of libel, slander or any other form of defamation. one who is dead. (Note: Philippine laws do not recognize group libel). It aims to address legal issues concerning online interactions and the Internet in the Philippines. Maria Ressa, Executive Editor and CEO of Philippine news website Rappler, arrives at the Manila City Hall for the promulgation of her cyber libel case on June 15, 2020. Libel committed on Twitter, Facebook, blogs, and other online content was made a more serious crime compared to printed libel because of to the newly approved anti-cybercrimes law or Republic Act 10175, according to Atty. Journalist Maria Ressa of the Philippines has been charged for a second time with cyber libel following a lawsuit filed by businessman Wilfredo Keng in February for sharing a screenshot of an article that was allegedly defamatory towards him. A … developments in technology and the ever-growing use of multiple forms of social Increased prison term provided by new law makes convicts ineligible for parole," he explained. 353, Revised Penal Code (RPC), libel refers to a public and malicious imputation of vice or defect, crime, real or imaginary that can cause the contempt, discredit or dishonor a person. Culled from these 10175, no express mention is made on the specific penalty imposable on libel as defined in the law." Thoenen (G.R. ... -again-blocks-philippines-cybercrime-law. The US-based Electronic Frontier Foundation (EFF) also warned Wednesday that the new law threatens free speech. when it is shown that the author of the libelous remarks made such remarks with © 2020 ABS-CBN Corporation. Ressa and Santos were hit with prison sentences of six months and one day to up to six years and ordered to pay around $8,000 in moral and exemplary damages. "As information and communications technologies had been vaguely defined in the law, it can be assumed that such ICT includes all platforms by which information is communicated online – blogs, websites, social networking sites," Ridon said. Online libel tops cybercrime cases in the Philippines for 2016. 4(c)(4) of R.A. 10175), Malice is present Law Defining Cyber Libel R.A. 10175 deals with many crimes, including byber libel. Geronimo Sy (Department of Justice), during the PTV4 Forum on Anti-Cybercrime Law, a complaint on electronic libel will only have one (1) case to be filed. June 15, 2020 2:12 AM EDT Maria Ressa, the founder of an award-winning Philippines-based news site and critic of President Rodrigo Duterte, was convicted of cyber libel Monday in … Corporation, G.R. Maria Ressa is the CEO of the online news portal Rappler. A Philippine court’s pending verdict in a rare cyber libel case is shaping up as a new benchmark for the Southeast Asian country’s on-again, off-again media freedoms. Feb 14, 2019 8:45 AM PHT. 10175, is a law in the Philippines that was approved on September 12, 2012. 10175 AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION, SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: RTC Makati City, the SC said if it allows cyber libel to be filed where the article is first accessed, the author of the defamatory article may be sued anywhere in the Philippines. It is mandatory to procure user consent prior to running these cookies on your website. Hitting the “Like” button on Facebook … There must be an imputation of a crime, or of a vice or defect, real Posted at Sep 19 2012 11:02 PM | Updated as of Sep 20 2012 11:15 AM. (Erwin This online/internet libel law, however, punishes only the … You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. "While RA No. In general, applying a punitive law retroactively is understood to be a violation of due process . Prosecutors have argued that … medium periods or a fine ranging from 200 to 6,000 pesos, or both, in addition provisions are the following elements of Cyberlibel, as punished under Section You also have the option to opt-out of these cookies. Sec. Due process concerns It truly is like waiting for another shoe to drop as we wait in fear of the sensitive and defensive government official who’s out to make a point. No. 4(c)4), there is no mention in the law of the penalty to be imposed on such offense," Ridon said in a statement. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. media in the Philippines, Congress enacted Republic Act No. freedom of speech, the Supreme Court held that the public interest involved in "Contingent upon the existence of a penal law is the definition of the particular penalty imposable on the criminal offense defined," he added. No. James Mark Terry Ridon, president and general counsel, of the Kabataan partylist group, also questioned the libel provision of RA 10175. that the element of identifiability is met if it is shown that at least a third 10175, or otherwise known as the Cybercrime Prevention Act of 2012 (“RA 10175”). 2001, page 932. Facebook and Twitter may lead to 12 years in jail," he said. No. Metro Manila (CNN Philippines, June 18) — A legislator from the House of Representatives is pushing to amend the cybercrime law to clearly state that cyber libel has a one-year prescription period. Sec. Under Article 353 of the Philippines Revised Penal Code, libel is defined as “a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status or circumstance tending to cause dishonor, discredit or contempt of a natural or juridical person, or to blacken the memory of one who is dead.” 82146, 22 January 1990). committed by means of writing, printing, lithography, engraving, radio, This category only includes cookies that ensures basic functionalities and security features of the website. 10175 or the Cybercrime Prevention Act of 2012 penalizes cyber libel. only in the filing of a criminal complaint, but also a civil complaint for Eloisa Lope / … – The unlawful or prohibited acts of libel as defined in Chapter IV Section 12 of RA 10175 allows the Department of Justice (DOJ) and the National Bureau of Investigation (NBI) to collect traffic data from Internet users even without a court warrant. The offended party is likewise allowed to recover punitive or exemplary damages. In comparison, he said the penalty for printed libel set by Revised Penal Code is only 6 months and one day to 4 years and 2 months. "Under this provision, the use of information and communications technologies to commit crimes under the RPC and special laws is considered a special aggravating circumstance, which does not only increase the penalty to its maximum period as other special aggravating circumstances, but increases the penalty one degree higher, akin to a qualifying aggravating circumstance," he added, echoing Roque's analysis on how long a person found guilty of online libel could be imprisoned. system or any other similar means which may be devised in the future.”. According to Atty. 4(c)(4) of R.A. 10175 in relation to Article 355 of the Revised Penal Code: a. A Comparative Study of Cybercrime Law Between the United States and the Philippines. Visit our website www.ndvlaw.com. However, the article was published by Rappler two years before the new cyber libel laws came into effect in the Philippines. "It is an elementary rule in criminal law that there can be no crime can be committed, nor punishment imposed without a pre-existing penal law." to the civil action which may be brought by the offended party.”. "By imposing a penalty one degree higher than what had been stated in the RPC on libel, longer prison terms are guaranteed for persons found to have published or posted material containing libelous remarks online." Among the cybercrime offenses included in the bill are cybersquatting, cybersex, child pornography, identity theft, illegal access to data and libel. Yes, in the Philippines, libel is still a criminal offense. "This is a path to the wrong direction at a time when the Supreme Court had already made clear steps towards the decriminalization of libel, by making preferences on fines instead of prison terms," he added. This website uses cookies to improve your experience while you navigate through the website. A violation of R.A. ... data and libel. "Imprisonment for e-libel: 6 years and 1 day up to 12 years." Article 3, Section 4 of the 1987 Constitution states: "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." statement. 10175), jurisdiction shall lie if any of the elements of the libel was committed within the Philippines. Maria Ressa arrest tests the bounds of Philippine cyber libel law. Ridon also raised concerns that people's right to due process could be violated by other provisions of RA No. Roque, who is also director of the Institute of International Legal Studies of the UP Law Center, told ABS-CBNNews.com that they will file a lawsuit to have the libel provision of the anti-cybercrimes law be declared unconstitutional. (Reyes, Luis B., Revised Penal Code, Fifteenth Edition, person or a stranger was able to identify him as the object of the defamatory phonograph, painting, theatrical exhibition, cinematographic exhibition, or any CEBU CITY, Philippines — Be careful who you gossip about online or you might be arrested like these two women after a cyber libel case was filed by their former classmate against them. R.A. 10175 deals with many crimes, including byber libel. (Yuchengco vs. Harry Roque, professor of constitutional law at the University of the Philippines. If the defamation is directed against a group or class and the statement is so sweeping or all-embracing as to apply to every member of that group or class, then any member can file an action for libel in his own name, not in the name of the group/class. Duterte has faced international calls to drop all charges against the veteran reporter, with rights groups saying they amount to state harassment. This would violate Section 3(1) of the Bill of Rights in the Constitution that states, “The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise as prescribed by law." Libel In A Nutshell Under Art. of these interests, the law prohibits the reckless disregard of "Three times longer imprisonment. On the other hand, Necessary cookies are absolutely essential for the website to function properly. "Also troubling is the fact that, in the Philippines, libel cases are determined not on the basis of what the writer of the alleged libel means, but what the words used by him mean, leaving room for interpretation," EFF official Jillian York said. REPUBLIC ACT NO. The cyber libel charges against Ressa were made under a controversial cybercrime statute aimed at online offences, such as stalking and child pornography. But opting out of some of these cookies may have an effect on your browsing experience. This provision of law establishes the right of an offended party in a case for oral defamation to recover from the guilty party damages for injury to his feelings and reputation. The Cybercrime Law has a broad scope and the hopes are still high that it will soon be abolished. One of the offenses punishable under this law is cyber libel. The history of the criminalization of libel in the Philippines shows that libel started as a legal tool of the Spaniards and the Americans to protect government and the status quo. MANILA, Philippines - A person found guilty of libelous comments on the Internet could spend up to 12 years in prison with no possibility of parole, a lawyer warned Wednesday. She and a … But in 2014 the Supreme Court junked a petition calling for decriminalization. In the balancing These cookies do not store any personal information. ‘Internet libel in cyber crime law constitutional’ Edu Punay (The Philippine Star) - February 19, 2014 - 12:00am MANILA, Philippines - Netizens will now have to … But the pleas have fallen on deaf ears. Press freedom advocates, digital rights activists and human rights defenders first took the streets in 2012 to oppose Cybercrime Prevention Act, labeling it as cyber martial-law. The Cybercrime Prevention Act — a controversial law that prompted fears of censorship because it made online libel a crime punishable by up to 12 … It is defamation in its very essence, but covers published work on print, television and other traditional media. "What is most bothersome to civil libertarians and online writers is the catch-all provision under Section 6, in which all offenses defined under the Revised Penal Code and special laws committed through information and communications technologies shall be imposed with a penalty one degree higher than that provided in the Code and special laws," he said. damages. "Thus, all content in such platforms which may contain libelous material may now be subject to a criminal suit one degree higher than the penalty imposed on libel under the RPC." knowledge that it was false or with reckless disregard as to the truth or The Cybercrime Prevention Act of 2012, officially recorded as Republic Act No. Also, even if the name of the person is not indicated in the post, the owner of the post is still That's enough to meet the standard for publication in libel," said Disini, a University of the Philippines law professor. "Conviction for e-libel now comes with a definite prison term. We also use third-party cookies that help us analyze and understand how you use this website. 4(c)(4) of R.A. 10175 states: “(4) Libel. In fact, in a 1958 court case (People vs. Silvela), the Supreme Court (SC) ruled that an unsealed envelope containing libelous statements constituted libel. "The new law is thus a threat to the constitutional freedoms of the press and expression," he said. private reputation by publishing or circulating defamatory statements No. person alluded to. (Occena vs. Icamina, G.R. To keep up with the times, the Philippine Congress has enacted Republic Act No. of the person defamed. "EFF is gravely concerned about the implications of the libel provision in the Cybercrime Act and supports local journalists and free expression advocates in opposing it," she added. 161032, 16 September 2008.). 10175, also known Philippine journalists and media rights groups have been lobbying to decriminalize libel and cyber libel for years. 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