(Updated 1:47 p.m.) The Supreme Court has ruled that the online libel provision in the controversial Cybercrime Prevention Act of 2012 is constitutional, although it struck down others, including one that empowers the Department of Justice (DOJ) to restrict or block access to data violating the law.
The court, however, set several conditions with regards to the online libel provision, said SC spokesman Theodore Te, who announced the ruling in a press briefing Tuesday.
In October 2012, the high court put on hold the implementation of the law after it received 15 petitions questioning the constitutionality of some of its provisions, with various groups condemning it for purportedly threatening freedom of speech, increasing the penalties for libel, and making it easier for authorities to spy on citizens using electronic media.
The petitioners wanted the SC to strike down provisions contained in Sections 4, 5, 6, 7, and 19. Sections 4 and 5 tackle the various offenses covered under the law, including online libel, which the petitioners said violates the right to free speech.
Sections 6 and 7, meanwhile, impose a higher degree of punishment for people found guilty of libel while also allowing them to be charged separately under the Revised Penal Code for the same offense. The petitioners said this violated the constitutional prohibition against double jeopardy.
The petitioners also questioned Section 19, which authorizes the DOJ to restrict or block access to data that would be found prima facie in violation of the cybercrime law. — KBK/KG, GMA News
source:
Internet libel in cybercrime law constitutional – SC | SciTech | GMA News Online