Sloppily-written #Cybercrime Prevention Act too hard to repair - may as well be repealed #notocybercrimelaw

By -


Considering that the Cybercrime Prevention Act is shot through with questionable provisions and that human rights advocates and a wide sector of media opposed it, it wasn't surprising the Supreme Court struck down several provisions. Personally, I had thought the high court would have declared the whole of the law unconstitutional. I suppose the decision was intended to please everyone; in the end they probably antagonised everyone concerned.

RA 10175 was poorly thought out and sloppily written. And now it is proven to be, as per ruling of the Supreme Court, a legally defective law. With the decision that major parts of the law are unconstitutional, it falls to the Executive to 'tweak' the law - likely through the implementing rules and regulations. But the IRR cannot sufficiently and validly cure those substantial defects. The IRR cannot amend the law itself.

On the other hand, amending RA 10175 through the regular legislative process will be very messy, requiring many of the sections to be rewritten. With such massive rewriting, the law might as well be repealed and a better crafted substitute measure passed.

Formulating a substitute, however, requires considerable time and resources. Besides, the repeal and enactment of a new law would hurt the pride of the lawmakers who passed it and the President who signed it into law. On the whole, this is probably the best choice, painful though it may be.

From the beginning the Penoy and the sponsors of RA 10175 bungled the affair by their clumsy insertion of sections violating or tending to violate freedom of expression, due process, and equal protection and privacy of communication. As a result, even the more laudable objective of giving law enforcement agencies the proper tools against child pornography, cracking, identity theft and criminal spam was compromised. Now, all these well-meaning measures will be flushed down the drain.

Source:
http://getrealphilippines.com/blog/2014/02/aquino-anti-cybercrime-law-curtailing-freedom-of-speech-ruins-significance-of-edsa-people-power-revolution/comment-page-1/#comment-215320

Comments

Post a Comment

Popular this week

Leni Robredo has become a sad mechanical puppet and an embarrassment to Filipinos

By -
Image
Guess who has taken over Leila de Lima’s place on the anti-Duterte international speaking circuit? Watch this video that Leni Robredo made for an international NGO event in Vienna tomorrow. Warning: this will REALLY make your blood boil. If you have vertigo, sit down and take a deep breath before watching. You know what’s really sickening about this video? It’s not even the lies and exaggerations that Robredo is saying about what’s going on in the Philippines and how Pinoys feel about it (as if she’s in any position to speak for the Filipino people, who mostly hate her guts). It’s the hollowness and emptiness of the way she mechanically reads from a script that obviously someone else wrote. She’s making huge claims about thousands of people being summarily killed by police, but her eyes and voice are absolutely empty of emotion or conviction. She’s just a puppet playing a role, who doesn’t even understand what she’s doing or saying, she’s just mindlessly following her owner’
Read more

Jose Rizal never had Tagalog in mind when he encouraged us to love our own language

By -
Image
Posted by a certain Chloe Santiago on the Facebook GRP Community Group : Jose Rizal died in 1896 and Tagalog was declared the official language of the Philippine only in 1937. This can only mean that Rizal wasn't really talking about Tagalog when he made this statement: "He who does not love his own language is worse than an animal and smelly fish." Indeed. Who made the arbitrary directive to make the Tagalog dialect the "National Language" to begin with? Furthermore, why have a "National Language" when Filipinos are already proficient in the global lingua franca of commerce and scientific achievement?
Read more

Response to Sass Rogando Sasot: Duterte has supporters who are not blind beholden emos

By -
Image
So Sass Rogando Sasot posted a reaction on her FB page to defend Andanar : Regarding the GRP Short article on Andanar being suspected as a “mole.” Ang premise nila eh si Andanar eh walang ginagawa to protect the “international image” of the president. FYI, in order for you to counter the PR of those who would like to bring down Duterte, you need to spend A LOT OF MONEY for international PR. Mahal po ang international PR. Si Duterte po ang ayaw gumastos for international PR. Yup, Duterte is not like PNoy’s admin who spent a filthy amount of tax payer’s money for international PR. I think someone on Get Real Post already pointed out before that Sasot is book-smart but lacks common sense. We see proof of that once again here. Does regularly monitoring and editing Duterte’s Wikipedia page to give foreigners more balanced info cost a lot of money? No, it doesn’t. It’s certainly cheaper than what Andanar is wasting every month printing a useless local monthly tabloid that reaches
Read more

Jo Lapira: youth wasted on Joma Sison's bankrupt communist ideology

By -
Image
“Youth is wasted on the young”, they used to say. If you send your daughter or son, to universities, like the University of the Philippines. You send him or her, to learn about the subjects, of the field, he/she is hoping to finish and graduate. Not waste his/her time on bankrupt political ideologies like communism. Jo Lapira, the NPA casualty is a good example. Her parents, may have been slaving to earn money to send her, to college and give her a good education, so that, after graduation, she could have a good job and a good career, to better her life. However, she wasted this opportunity in her life fighting for an ideology she hardly understood. She wasted her life; and now her life ends tragically, in a clash with the AFP. Those who still believe this communist ideology is the panacea of our country’s problems should realise that this communist ideology is a failed ideology. It has been tested, and the communist theory of workers’ utopia, is a Delusion, and a Mirage. What
Read more