DOJ puts up new cyber law office

MANILA, Philippines - The Department of Justice (DOJ) will create a new office, to be manned by 100 state prosecutors trained in cyber forensics, to prosecute cybercrimes identified in the newly signed Republic Act 10175 or Cybercrime Prevention Act.

Justice Secretary Leila de Lima said yesterday that her office would also hold constant dialogue with key stakeholders to address issues and concerns on the implementation of the law, starting with a multisectoral forum on Oct. 9 at the DOJ.

She gave the statement after two more groups filed yesterday before the Supreme Court the sixth and seventh petitions seeking to stop implementation of certain provisions of RA 10175.

The petitioners, composed of a group of lawmakers, bloggers, members of academe and students, questioned the constitutionality of sections 4, 5 and 6 of the law.

Kabataan party-list Rep. Raymond Palatino, ACT Teachers party-list Rep. Antonio Tinio, and UP College of Mass Communications Dean Rolando Tolentino led the group in filing the petition.

They were joined by blogger Katrina Stuart Santiago, Ma. Katherine Elona of the Philippine Collegian, Anakbayan national chairman Vencer Mari Crisostomo, National Union of Students of the Philippines’ representative Isabelle Therese Baguisi, professor Carl Marc Ramota of the UP Manila Department of Social Sciences, and Ofelia Beltran Balleta of the Crispin Beltran Research Center, among others.

Named respondents were Executive Secretary Paquito Ochoa Jr. and De Lima.

Just like the earlier petitioners, the group argued that these provisions curtail “constitutional rights to due process, speech, expression, free press and academic freedom.”

They said the law would have a “chilling effect against constitutionally protected speech,” and claimed that the questioned provisions are vague.

Sections 4 and 5 of the law tackle the various offenses covered under the Cybercrime Act, including online libel, while section 6 imposes a higher-degree of punishment for those found guilty of libel. It also allows them to be charged separately under the Revised Penal Code for the same offense.

“It must also be noted that this form of libel made through the means under Article 355 of the Revised Penal Code and committed through a computer system is a new offense created under a special law,” the petition states.

“However, under this special law, no penalty is mentioned or prescribed for the new offense. Neither does the law make any reference to the penalties prescribed under Article 355, as it merely adopts its elements and not its penalties,” it added.

Militant groups too

Militant groups Bagong Alyansang Makabayan, Anakpawis, Karapatan and Kilusang Mayo Uno filed their own petition before the SC. They cited the same grounds raised in previous petitions, but included President Aquino among the respondents.

The five other petitions against the Cybercrime Prevention Act were filed last week by businessman Louis Biraogo, media practitioners belonging to Alab ng Mamahayag (ALAM), a bloggers group and Internet law experts led by Jose Jesus Disini Jr. of the Internet and society program of the UP College of Law, Sen. Teofisto Guingona III, and lawyers led by UP law professor Harry Roque Jr.

The SC is set to tackle the petitions during their regular session today.

This developed as De Lima admitted yesterday that she opposed certain provisions in RA 10175 even before it was enacted last month.

De Lima bared this even as the DOJ is ready to implement the controversial new law starting tomorrow.

She said she had issued an opinion raising reservations particularly on provisions that impose higher penalty for libel and give the DOJ authority to order searches and seizures similar to that of a judge.

“I know there are objectionable portions and may I state for the record that those provisions did not come from us - the libel provision and the provision that gives us the take-down power. In fact, our position papers would show that we have actually raised questions on that,” she told reporters in an ambush interview.

She said she specifically recommended the deletion of cyber defamation, cyber threats and Internet libel. – with Paolo Romero