REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
Second Regular Session

House Bil No. 6613

Introduced by Kabataan Party-list Representative Raymond V. Palatino,
Bayan Muna Party-list Representative Teddy A. Casirio

EXPLANATORY NOTE

No less than the United Nations has declared the intemet as a human right. The UN
‘emphasizes that there should be “as little restriction as possible to the flow of information via
the Internet, except in few, exceptional, and limited circumstances prescribed by international
human rights law.” The Intemet, according to the UN report, vastly expands the capacity of
individuals to enjoy their right to freedom of opinion and expression, which is an “enabler of
other human rights.” In this regard, the Intemet “boosts economic, social and political
development, and contributes to the progress of humankind as a whole”.

The passage of Republic Act No. 10175, or the Cybercrime Prevention Act of 2012,
poses serious threats to Intemet freedom, the right to privacy and other essential civil liberties
including the freedom of speech, expression, and the press. The insertion of provisions
regarding online libel and vague sections on data collection and sanctions is essentially an
online censorship law.

For years, various individuals have used libel, a criminal offense in the country, to
harass journalists, whistleblowers, and ordinary citizens. The inclusion of online libel, all
information exchange in the Internet, and even personal communications, would exacerbate the
situation, as such “crime” is highly prone to abuse.

The catch-all provision under Sec. 6 — in which alll offenses defined under the Revised
Penal Code and special laws committed through information and communications technologies
shall be charged with a penalty one degree higher than that provided in the Code — poses
unnecessary and unexplained higher sanctions for cybercrimes. 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. 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. It
essentially states that crimes committed online are graver than those committed in the real
world. Due to the vague provisions in RA 10175, even commenters and those that retweet
libellous materials can also be incriminated.

The new law is thus a threat to the constitutional freedoms of the press and expression.
1


The relative freedom of publication utilized by online critics of government policies shall now be
curtailed.

The law may also be treading upon unconstitutional waters in Chapter IV, on the powers
being granted to law enforcement agencies, which includes preservation, disclosure, search
and seizure and destruction of computer data. The role of the courts in the grant of warrants
relative to the preservation, disclosure, search and seizure and destruction of computer data is
unclear.

The Cybercrime Prevention Law is, in fact, far worse than the “Stop Online Piracy Act”
and the “Protect IP Act,” that were pushed in the US Congress earlier this year but failed to
prosper. RA 10175 will have a “chilling impact” on bloggers, online journalists, advocacy groups
and normal netizens, as any website can be shut down through accusations of infringement,
without due process.

Less than a week after the launch of the campaign, concerned netizens have already
collected at least 17,000 signatures against the contentious provisions of RA 10175. Legal and
information technology experts have expressed their opposition to the aforementioned sections.

Stakeholders demand that the House take a second look at what may have been a
mistake by Congress and the President.

It is in this light that the approval of this

llis earnestly and urgently sought.

[2 & Gx

HON. RAYMOND V. PALATINO HON. TEDDY A. CASINO
Representative, Kabataan Partylist Representative, Bayan Muna


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
‘Second Regular Session

House Bis, __ 6613

Introduced by Kabataan Party-list Representative Raymond V. Palatino,
Bayan Muna Party-list Representative Teddy A. Casifio

ANACT
REPEALING SECTIONS OF REPUBLIC ACT NO. 10175, OR THE CYBERCRIME
PREVENTION ACT OF 2012

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

SECTION 1. Section 4(c)(4) of Chapter Il of Republic Act No. 10175 is hereby
repealed.

SECTION 2. Section 5 of Chapter II of Republic Act No. 10175 is hereby repealed.

SECTION 3. Section 6 of Chapter Il of Republic Act No. 10175 is hereby repealed.

SECTION 4. Section 7 of Chapter Il of Republic Act No. 10175 is hereby repealed.

SECTION 5. Chapter IV of Republic Act No. 10175 is hereby repealed.

SECTION 6. Effectivity. This Act shall take effect fifteen (15) days after its publication

in at least two (2) newspaper of general circulation.

Approved,