2nd 'Black Tuesday' protest vs Cybercrime Law
MANILA, Philippines - Some 300 netizens, bloggers, artists and petitioners against Republic Act (RA) 10175 (Cybercrime Prevention Act of 2012) trooped to the Supreme Court (SC) on their second “Black Tuesday” protest.
The rally caused Padre Faura to be closed to traffic as they staged a program right in front of the high court, while they awaited the magistrates' vote on the plea for a temporary restraining order (TRO) and/or writ of preliminary injunction or status quo ante order by some 15 petitioners who questioned the following provisions of the law:
-- Sec. 4(c)(4), which criminalizes libel on cyberspace;
-- Sec. 5(a) and (b), which lists "aiding or abetting in the Commission of Cybercrime" and "willful attempt to commit offenses" as additional offenses under the law;
-- 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;
-- Sec. 8, which refers to penalties imposed under the law;
-- Sec. 11, which lists duties of law enforcement authorities, including the submission of "timely and regular reports including pre-operation, post-operation and investigation results and such other documents as may be required to the Dept. of Justice (DOJ);"
-- Sec. 12, which authorizes law enforcement authorities to collect or record, by technical or electronic means, traffic data in real-time;
-- Sec. 13, which authorizes the preservation of traffic data and subscriber information of service providers for a minimum of 6 months
-- Sec. 15, which authorizes law enforcement authorities to search, seize and examine computer data;
-- Sec. 17, which provides for the destruction of computer data subject of preservation and examination;
-- 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;"
-- Sec. 20, which states that those who fail to comply with provisions of the law's Chapter IV (Enforcement and Implementation), specifically orders from law enforcement agencies, shall face imprisonment of prision correctional (6 months and 1 day to 6 years) in its maximum period or a fine of P100,000 or both, for each noncompliance;
-- Sec. 21, which states the jurisdiction of Regional Trial Courts (RTC) and designated cybercrime courts over violations of any of the provisions of the law; and
-- Sec. 22 pertaining to international cooperation from all relevant international instruments, international arrangements, and domestic laws in the implementation of RA 10175.
The following are the petitioners:
Louis Biraogo, ALAM party-list, Disini, et al., Sen. Teofisto Guingona III, Adonis, et al., Rep. Palatino, et al., Bayan, et al., Sta. Maria, et al., NUJP, et al., Castillo, et al., Cruz, et al., the Philippine Bar Association (PBA), Bayan Muna Rep. Neri Colmenares, NPC, and Pifa, et al.