SC gets 11th petition against Cybercrime law

Posted at 10/05/12 6:23 PM

MANILA, Philippines - The Supreme Court on Friday received its 11th petition against Republic Act (RA) No. 10175, also known as the Cybercrime Prevention Act of 2012, signed into law by President Aquino last September 12.

In its 61-page petition, the Philippine Bar Association, Inc. questioned Sections 4(c)(4), 5, 6, 7, 12, 19 of the Cybercrime Prevention Act and asked the high court to issue a temporary restraining order and/ or writ of preliminary injunction to restrain government from further implementing the law.

-- Sec. 4(c)(4), which criminalizes libel on cyberspace;
-- Sec. 5 lists "aiding or abetting in the commission of cybercrime" and "attempt in the commission of cybercrime" as additional offenses;
-- Sec. 6, which raises by one degree higher the penalties provided for by the Revised Penal Code for all crimes committed through and with the use of information and communications;
-- Sec. 7, which provides that apart from prosecution under the law, any person charged for the alleged offense covered will not be spared from violations of the Revised Penal Code and other special laws; and
-- Sec. 12, which authorizes law enforcement authorities to collect or record, by technical or electronic means, traffic data in real-time;
-- -- Sec. 19, which authorizes the Dept. of Justice (DOJ) to block access to computer data when such data "is prima facie found to be in violation of the provisions of this Act."