Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
First Regular Session

HBGEbii No, 3859

Introduced by AKBAYAN Representatives
Ibarra “Barry” M. Gutierrez III and Walden F. Bello

EXPLANATORY NOTE

At no other time in the history of humanity does speech and expression, the comerstones of
democracy, should be truly free as it should be today.With continued technological improvement
each and every Filipino can form an opinion and share it with the broader public in a matter of
seconds, Today, information ftom across the globe is readily accessible in real time from the
comfort of one’s home, And all this is made possible through blogs, social networking sites, and

other platforms available on the Internet.

‘The Intemet is a model of technological ingenuity that advances the freedom of speech and
expression to its logical extent: itis the freest platform that is accessible to one and all, regardless
of their age, gender, ethnicity, political or religious affiliations; it allows the fee formulation and
expression of any one person’s opinions and identity without interference ot discrimination, In a
way, the Internet is the great equalizer, where any random average Filipino is as equally powerful
as the politically influential and wealthy in their capacity to exchange information and participate

in debate and discourse.

In 2012, Republic Act No. 10175 (otherwise known as the Cybercrime Prevention Act of 2012) was
enacted into law. Not long after its enactment, at least fifteen (15) petitions were filed with the
Philippine Supreme Court questioning the constitutionality of R. A. 10175 and resulted in the

issuance of an indefinite temporary restraining order ([RO) which stopped its implementation.


In fact, even the Office of the Solicitor General, in its Comment to the petitions, stated that
certain provisions of R. A. 10175 ate ‘constitutionally impermissible’ for permitting a ‘form of

final restraint on speech without prior judicial determination.”

‘That R. A. 10175 defeats the constitutional rights which the Internet advances does not mean

that the Internet should not be exempt from regulation, ‘There is a need to define eybercrimes to
protect Internet users.The advancement of constitutional rights and the protection of citizens

from cyberctime are the reasons why Akbayan pushes for the amendments to R. A. 10175.

In particular, the repeal of the provision that criminalized cyber libel is sought since invoking
libel in cyberspace is a blatant violation of the freedom of the press as well as the free speech of
private individuals who take to the Internet. It also expands the chilling effect of criminal liability
to stifle the articulation of divergent ideas. ‘This provision is a blatant violation of the Filipino

people's right to free speech and expression; it goes against the very core of our Constitition.

“Akbayan also seeks to refine the State’s police powers online. While we recognize that competing
individual freedoms may result into abuses and injury to persons in the Intemet, we do not
believe that the State should be given absolute police powers to collect, seize, disclose or restrict
access to data available on the Internet. To improve the State’s capacity to prevent abuses online,
we believe that any sanctions the State will execute against any person or entity on the Internet

must be authorized by a court warrant that proves the necessity for such act.

Itis in this context, and in pursuit of these objectives that the following measure amending R. A.

10175 is proposed.

Les
IBARRA SBAR) {SGUTIERREZ III WALDEN F. BELLO


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
First Regular Session

House Bil No. 8859

Introduced by AKBAYAN Representatives
Ibarra “Barry” M. Gutierrez II] and Walden F, Bello

AN ACT
EXTENDING FREEDOM OF SPEECH, OF EXPRESSION, AND OF THE PRESS
‘TO CYBERSPACE,REPEALING FOR THIS PURPOSE SECTIONS 5, 6 AND 7,
AND AMENDING SECTIONS 4, 12 AND 19 OF REPUBLIC ACT NO. 10175
OTHERWISE KNOWN AS THE “CYBERCRIME PREVENTION ACT OF 2012”

Be it enacted by the Senate and Hlouse of Representatives of the Philippines in Congress assembled:

SECTION 1, Section 4 of Republic Act No. 10175, otherwise known as the Cyberenime Prevention

Adt of 2012 is hereby amended to read as follows:

“Seution 4, Cybercrime offnses—The following acts constitute the

offense of cybercrime punishable under this Act:
XxX

(0) Content-telated offenses:

(1) Cybersex—The willful engagement, maintenance,
control, of operation, directly or indirectly, of any lascivious

exhibition of sexual organs or sexual activity, with the aid of a

computer system, for favor or consideration,


BewrvaAneone

2) Child pornogeaphy—The unlawful or prohibited acts
defined and punishable by Republic Act No. 9775 ot the Anti-
Child Pornography Actof 2009, committed through a computer
system: Provided, That the penalty to be imposed shall be one (1)
degree higher than that provided in R. A. 9775.

@) Unsolicited commercial -—_ communications —The
transmission of commercial electronic communication electronic
communication with the use of computer system which seek to
advertise, sell, or offer for sale products and services are
prohibited unless:

@ There is prior affiemative consent from the recipient; oF
(i) The primary intent of the communication is for service
and/or administrative announcement from the sender to its
existing users, subscribers or customers; or

(ii) ‘The following conditions ate present:

(aa) The commercial electronic communication contains a simple,
valid, and reliable way for the recipient to reject. Receipt of
further commercial electronic messages (opt-out) from the same
source;

(bb) ‘The commercial electronic communication does not

purposely disguise the source of the electronic message; and
(cc) The commercial electronic communication does not
purposely include misleading information in any party of the
message in order to induce the recipients to read the message.

(4) Bibel ~heanlawhulorprohibited aety—oribel-as
defined-in-Asticle- 355-of the Revived Renal-Gode;-as-amended;
committed—through—scomputersystem—orany—othersimibet

SECTION 2.Section 5 of Republic Act No. 10175, otherwise known as the Cybercrime Prevention
Act of 2012, and which reads:

“Seation 5. Other offenses—The following acts shall also constitute

an offense:


(@ Aiding or abetting in the commission of cybercrime —Any
person who willfully abets or aids in the commission of any of

the offenses enumerated in this Act shall be held liable.

(b) Attempt in the commission of cybercrime —Any person who
willfully attempts to commit any of the offenses enumerated in
this Act shall be held liable.”

is hereby repealed.

SECTION 3. Section 6 of Republic Act No. 10175, otherwise known as the Cybererinte Prevention
At of 2012, which reads as follows:

“Section 6, All crimes defined and penalized by the Revised Penal
Code, as amended, and special laws, if committed by, through and
with the use of information and communications technologies
shall be covered by the relevant provisions of this Act: Provided,
‘That the penalty to be imposed shall be one (1) degree higher
than that provided for by the Revised Penal Cade, as amended, and

special laws, as the case may be.”

is hereby repealed.

SECTION 4, Section 7 of Republic Act No. 10175, otherwise known as the Cybererime Prevention

Aad of 2012, which reads as follows:
“Section 7. Liability under other lavs.—A. prosecution under this Act
shall be without prejudice to any liability for violation of any
provision of the Revised Penal Code, as amended, or special laws.”

is hereby repealed.

SECTION 5.Section 12, Chapter IV of RA 10175 is hereby amended to read as follows:


v

“Section 12. Reetine-coblection-of traffie-ceataColection of computer data

g te wr non-content by law enforcement ager id officers. —
4 sm shersitiess with ch shall J
5 m aeons 4 no-tentie-d

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14 to be collected or seized or disclosedby any law enforcement
15 agency or officerwilishallrequire a court warrant.

16

17 Setvice—providersre—requined to—cooperste anid assint haw
18 enforcement-muthoritior-in—the-eoeetion-omteconding-of-the
i) heveiatecintormtion:

20

21 ‘The court warrant required under this section shall only be issued
22 or granted upon written application and the examination under
a oath or affirmation of the applicant and the witnesses he may
4 produce and the showing: (1) that there are reasonable grounds
py to believe that any of the crimes enumerated hereinabove has
26 been committed, of is being committed, or is about to be
2 committed: (2) that there ate reasonable grounds to believe that
28 evidence that will be obtained is essential to the conviction of any
29 person for, or to the solution of, or to the prevention of, any
30 such crimes; and (3) that there ate no other means readily
31 available for obtaining such evidence.”

32

33 SECTION 6. Section 19, Chapter IV of RA 10175 is hereby amended to read as follows:
4


Ree

“Section 19. Restricting or blocking access fo computer data—When. in
the assessment of the Department of Justice, there is probably
cause to find thate computer data is primefiri-found-to-be in
violation of the provisions of this Act, the DOJ shall file the
approptiate complaint or information before a court of
competent jurisdiction, and upon such filing, may pray for the
issuance of a courtissue-an order to restrict or block access to

such computer data

c court shall er upon fi ro is prim
sis for holding puter data isin vi
Act.”
SECTION 7, Repealing clanse—All laws, decrees, order, rules and regulations or other
issuances, particularly of Republic Act No. 10175 (Gbererime Prevention Act of 2012) are hereby

repealed, amended or modified accordingly.

Sections 4, 12 and 19 of Republic Act No. 10175 are hereby amended accordingly. Sections 5, 6
and 7 of Republic Act No. 10175 are hereby repealed in their entirety.

SECTION 8. Effectivity clause —This Act shall take effect immediately after the completion

of its publication in the Official Gazette or in at least two (2) newspapers of general circulation

Approved,