Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon city

FIFTEENTH CONGRESS.
‘Third Reguiar Session

House muino.__6616

Introduced by
[ACT Teachers Party-List Representative Antonia L. Tinto

EXPLANATORY NOTE

This bill proposes to remove from our statute books provisions of Republic Act 10175, or the
Cybercrime Prevention Act of 2012, which endanger fundamental freedoms, particularly the right to
free speech.

First is the insertion of libel, a crime defined by Article 355 of the Revised Penal Cade (Act No. 3845,
& December 1930). Due to the widely spreading view that it shackles free expression and press, the
trend internationally is the decriminalization of libel. The Philippine Congress, however, reinforced
the antiquated felony with a graver penalty. The insertion is made more offensive because it
happened during the proceedings of the bicameral conference committee which consolidated the
final versions of Senate Bill 2796 and House Bill 5808 approved by the two Houses in plenary.
Neither bill contained a provision on libel. Section 4(c)(4) is therefore an uniawful provision as it
escaped the scrutiny of Congress.

Next are Sections 6 and 7. The first provision qualifies as a graver crime any act penalized by the RPC
‘or any special law, assigning to it a penalty one degree higher than that provided for by the RPC or
the special law, However, persons committing crimes by, through, and with the use of information
and communications technologies have not been established to have a greater criminal intent,
warranting the higher penalty. Worse, the accused will be subjected to double jeopardy through the
application of Section 7.

Last is Section 19 is a censorship clause, which allows the Justice Secretary to restrict or block access
to computer data such as @ website or account upon mere prima facie evidence of cyber-libel ar any
other violation of RA 10175. This violates the rights to free expression and due process guaranteed
by the Bill of Rights. A mere executive official—not a judge—is empowered to take away one’s
access to his or her computer data upon a passing examination.

This bill also seeks to amend Section 12 which authorizes real-time collection by law enforcement
authorities of traffic data without a court warrant. This is an unreasonable seizure of personal
information such as one’s address, phone number, and bank account numbers, and an unacceptable
intrusion into privacy of communication highly proscribed by the Constitution. Such great power
over the said rights of the people requires the authority of the courts


‘These contentious provisions of RA 10175 cast a chilling effect over the exercise of free online
expression. They bring back the days of Martial Law when being critical, especially of public officials,
is a crime and arbitrary law enforcement is the general rule rather than the exception. For any
repressive state official or regime, no actual prosecution under RA 10175 is necessary. Just the
threat of prosecution is enough to curtail criticism, analysis, even simple thought. The slightest hint
of dissent would trigger the suppression of free speech and an invasion of privacy.

Approval of this bills earnestly sought.

te

ANTONIO L TINIO


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
‘Quezon City

FIFTEENTH CONGRESS
‘Third Regular Session

vouseauno, 66516

introduced by
ACT Teachers Party-List Representative Antonto L. Tindo

AN ACT
AMENDING REPUBLIC ACT 10175,
OTHERWISE KNOWN AS THE “CYBERCRIME PREVENTION ACT OF 2012”

Section 2. The following provisions of Republic Act 10175 or the “Cybercrime Prevention Act of
2012" are hereby repealed:

"SEC, A(c){4). Libel. — The untawful or prohibited acts of libel as defined in Articte 355 of the
Revised Penal Code, as amended, committed through a computer system or any other
similar means which may be devised in the future.”

“SEC. 6. All crimes defined and penalized by the Revised Penal Code, as amended, and
special iaws, if committed by, through and with the use of infarmation 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 tor by the Revised
Penal Code, as amended, and speciat laws, as the case may be.”

“SEC. 7. Liability under Other Laws. — 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.”

"SEC. 19. Restricting or Blocking Access to Computer Data. — When a computer data
|s prima facie found to be In violation of the provisions of this Act, the DOI shall issue an
order to restrict or block access to such computer data,”

Section 2. the following provisions of Republic Act 101 are hereby amended as follows:

“SEC. 12. Real-Time Collection of Traffic Data. — Law enforcement authorities, with due
cause, AND UPON SECURING A COURT WARRANT, shall be authorized ta collect or record
by technical or electronic means traffic data in realtime associated with specified
communications transmitted by means of a computer system.

xxx


“All other data to be collected or seized or disclosed [will] SHALL LIKEWISE require a court

warrant.”

Section 3, All laws, decrees, resolutions, orders, or ordinances or parts thereof inconsistent with this
Act are hereby repealed, amended or modified accordingly.

tion in the Official Gazette or

Section 4. This Act shall take effect fifteen (25) days after its publi
one (1) newspaper of general circulation.