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Tuesday, October 9, 2012

Cyber Law (Republic Act 10175) draws widespread protests


The Philippine Bar Association (PBA) is the latest in a long list of groups opposed to the Cybercrime Prevention Act, describing it as vague, potentially dangerous and discriminatory.

A petition to the Supreme Court was filed yesterday by the PBA questioning the constitutionality of the controversial law.

The lawyers’ association said it had reviewed the law and found some of its provisions raised “serious constitutional issues.”
“The rule of law is as essential in our physical world as it is in cyberspace,” noted PBA president Ma. Charito Cruz.

The petition urged the Supreme Court to place Republic Act 10175 under strict scrutiny.

It cautioned against the law being used to suppress free speech, particularly during times of change or crisis.

Access to online media outlets could possibly be restricted or blocked by the government on the pretext that it has libelous content, the PBA petition said.

As it stands, some of the new law’s provisions were too vague, which would “keep the people guessing” and give law enforcers “unbridled discretion.”

The PBA also flagged provisions allowing searches and seizures without a court warrant, with what it called “awesome powers” given to “agents of a political branch of government.”

It said it was possible that even the online communications of High Court members could be placed under surveillance, if those in power determined there was “due cause” to do so. – Paolo Romero, Jess Diaz, Marvin Sy, Edu Punay, Alexis Romero, Sandy Araneta.

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