Scrap online libel

  The Anti-Cybercrime Law is not the threat that has proliferated a chilling effect on the general public, but only a part of it- its provision on online libel.

 Just within the week, people have been clamoring against the curtailment of their freedom of speech through blackened Facebook profile pictures, posts and tweets of defiance, and even hackers bringing down government sites on the first day of the law’s effectivity.

 However, some of them have overlooked the separability clause and deemed the entire law unconstitutional. It is important to note that for the most part, this law provides measures to combat child pornography, illegal access to computer systems, computer-related fraud and forgery, and other cybercrime offenses, which is only reasonable and necessary.

 Although some are not aware of it, it is clear that the general public’s uproar is caused primarily by the provision on online libel, and not the cybercrime law in its entirety.

 Perhaps a good way to address this conflict would be to repeal the online libel provision, until libel under the Revised Penal Code will be decriminalized, given that it will.

 The offense of online libel under the cybercrime law is not discussed in detail, but is considered synonymous to the act of libel under the RPC, amended with the subsequent phrase “committed through a computer system or any other similar means which may be devised in the future.”

 It is only fair that offenses against the libel law be punishable not just in mainstream media, but also in social media. Although we do have freedom of speech as a democratic people, we need regulation. Although it may be overused, the line “With freedom comes responsibility” still holds true. 

 However, one must also take into consideration that libel is a criminal offense under Philippine law. Its decriminalization has been one issue media groups and other sectors have been pushing for. An offense against the existing libel law is punishable for six months to four years in prison. Online libel has gone even a notch higher, carrying a penalty of a six-year to 12-year prison term.

 Pinning on such a harsh penalty to libel and putting it at par with offenses that cause physical harm by making it a criminal offense is quite unreasonable. Paying the complainant the incurred damages for the libelous act committed by the accused should be enough.

 Until the criminal liability for libel is removed and replaced with a civil liability, the online libel provision under the cybercrime law should be put on hold.