The Supreme Court has just upheld the constitutionality of the controversial Cybercrime Prevention Act, which makes online libel a criminal offense. SC's decision, as expected, has invited vehement flak, and we expect more protests coming from netizens who feel that the new law is simply an attempt to suppress freedom of expression and of the press. Bayan Muna Rep. Neri Colmenares has put this issue in proper perspective when he said: "People who commit libel today including cyber-bullying are already liable under the Civil Code for damages. So the only purpose of government in imposing the Cybercrime Law is to muzzle press freedom and people who criticize the government for corruption, and incompetence.” Senator Alan Peter Cayetano, even before the law can take its course, has called for the abolition of the online libel provision in the Cybercrime Prevention Act.
Cayetano pointed out: “What is constitutional and what is legal is not necessarily what is moral and what is right. The Supreme Court based it on the legality of the provision. But on the wisdom of the law, that is for Congress to determine.” For now, most House of Representatives members are not keen on repealing or abolishing the law, and according to our lawmakers, tinkering the newly delivered law is not their priority yet. While it is true that there are some good points in this law, but the dark side of the online libel would overshadow all the perceived good points of Cybercrime Act. And we are only referring to the vague, dangerous insertion of online libel section, which we believe will slow down, if not discourage, people's participation in public affairs discussion.
The blessing of democracy is that everyone has a say on what the government is doing or intends to do. Democracy also allows citizens from all walks of life to express what they want to happen in their communities and in their lives. Such openness of expression is not enjoyed by outsiders of China's Politburo. The Chinese government has been persecuting and prosecuting its own citizens for criticisms made unfavorable to government. Chinese dissidents have found the Internet as their new platform of expression, but oppressive crackdown to those who don't agree with their government does not spare the Internet. Are we seeing the same scenario in the Philippines courtesy of SC's pushing of the Cybercrime Act into our throat? Will this law mark the end of Filipinos' freedom to participate in governance?
In recent times, many high-ranking national officials have made stupid actions – Sen. Tito Sotto plagiarizing a blogger for his speech; Sen. Bong Revilla condemning those who exposed the multi-billion pork barrel scam and threatened them with court suits; Sen. Jinggoy Estrada shamelessly lying about his involvement in the scam. Are we going to shut our mouths now for fear of libel charges? Now, many of us, the hoi polloi, cannot just go to giant TV networks and radio stations and express our opinions against or in favor of the government. So we turn to the Internet as our easiest outlet to unleash either our discontent or satisfaction. But with the existence of online libel law, we ordinary Filipino citizens would eventually lose our power to change society through online discourses.
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