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Post by jaygee20gensaya on Oct 4, 2012 21:59:17 GMT 8
Just that there was no thread regarding this topic. So how does the anti-cybercrime law affect this site?
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Post by stellarboy on Oct 4, 2012 22:56:35 GMT 8
The Republic Act 10175, also known as the Cyber Crime Prevention Act of 2012, was intended to counter criminal acts over the Internet like cyber-pornography, cyber-sex, cyber-squatting, cyber-bullying, phishing, spam and other forms of indecent and demeaning behaviour using online means. However a provision in this act has been controversial for it describes the vague definition of "online libel." Section 4 (4) of the Cybercrime law provides that "the unlawful and prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future." Libel is a content-related offense that can be committed by just about anybody using the computer. Libel is defined in Article 353 of the Revised Penal Code (RPC) as a "public imputation and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstances tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead." Also, the Act also entails the Supreme Court a power to deliberately obtain personal information over the Internet, may it be on social media websites, online retail, or government information systems, and use it as proof in identifying the delinquent who commit such violation. They will also have the power to shut down the websites that have found to be libellous, and deny users access to their accounts. According to TV5 legal counsel Atty. Mel Sta. Maria, "it is most likely that any libel case based on written messages, comments, blogs, or posts in sites such as Facebook, Twitter, or any other comment-spaces of other social media in the Internet could be dismissed as it is doubtful that computers are included in the law and the uncertainty should be applied in favor of the accused."www.interaksyon.com/article/43328/analysis--the-cybercrime-law-and-how-it-affects-your-freedom-of-expressionIt would simply mean anything we would post here in the forum that will be found "libellous" for a certain individual or organization will be grounds for violation of the said Act. The one who posted the "libellous" post, including those who share and retweeted the opinions expressed will be criminally liable for this act. For instance, if we post critical yet innocent statements against Coach Hans Weiss, Dan Palami and one of the national players, and either of them found them "libelous," they will have the power to command the Supreme Court, through channels (PFF, PSC, then the Office of the President), to take over this website and remove the libellous post, shut down the site, and trace the identity of those who were involved in the libel. Those identities who have been revealed will be held liable of violating the Act and be criminalized. This is clear curtailment of our freedom of expression and free speech. This doesn't go with the international human right for access to the Internet, and is clearly a step backward in the move to decriminalize libel.
Note: Here's a loophole in here. The owner of this website, Mr. Louie, is based in New Zealand, and is therefore governed by the existing laws of New Zealand and the national and international laws that the platform ProBoards (based in the US) is governed. If someone files a case against this website for violating RA 10175, would the Supreme Court command the foreign-based owners in taking control of this forum website, and hold Louie, yours truly, and the accused poster criminally liable for it?
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Post by jaygee20gensaya on Oct 4, 2012 23:39:57 GMT 8
I see. How about people who are based in foreign countries while posting those "libelous" comments? i know many of the guys here are based overseas so how does that affect them? we'll see how the politicians figure this thing out.
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