Republic of the Philippines RLCEINVES

HOUSE OF REPRESENTATIVES part: 27 JUL 2016
Batasan Hills, Quezon City W b

SEVENTEENTH CONGRESS

First Regular Session SERS MINON UNtT:

BILLS AND INUEK SERVICE

bAESENTAT IVES

HOUSE BILL No.2O96

Introduced by ACT Teachers Party-List

Rep. ANTONIO L. TINIO and Rep. FRANCE L. CASTRO

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 Code (Act No. 3815, 8 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 during the 15th Congress.

Neither bill contained a provision on libel. Section 4(c)(4) is therefore an
unlawful 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 a website or account upon mere
prima facie evidence of cyber-libel or 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 bill is earnestly sought.

ZBL

Rep. ANTONIO L. TINIO Rep. FRANCISCA L. CASTRO
ACT Teachers Party-List ACT Teacherb Party-List



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

SEVENTEENTH CONGRESS
First Regular Session

096

2
HOUSE BILL No.

Introduced by ACT Teachers Party-List
Rep. ANTONIO L. TINIO and Rep. FRANCE L. CASTRO.

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

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

SECTION 1. The following provisions of Republic Act 10175 or the “Cybercrime
Prevention Act of 2012” are hereby repealed:

SEC. 4(c)(4). Libel. — The unlawful or prohibited acts of libel as defined in
Article 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 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 Code, as
amended, and special 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 is prima facie found to be in violation of the provisions of this
Act, the DOJ shall issue an order to restrict or block access to such computer
data.

SECTION 2. The following provisions of Republic Act 10175 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 to collect or record by technical or electronic means traffic data in
real-time 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.

SECTION 4, This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or one (1) newspaper of general circulation.

Approved,