Thursday, October 4, 2012

RA 10175 - Cybercrime Law



It was discussed in forums and a lot of Netizens are violently reacting on the said Act. Upon scanning through the Republic Act  10175, I had some insights that was stated below.

Some of the Chapter II Punishable Acts of Republic Act 10175 was indicated in broad manner wherein it can be misunderstood by some Netizens. You know, people sometimes need examples given.
It is very well known that some are using Social Media Sites like Facebook to promote their products by tagging friends or other users. In Chapter II Section 4 of the said Act, it was stated that seek to advertise, sell, or offer for sale products and services are prohibited unless of course there is an affirmative consent from the recipient. So it means we have to ask permission first before we tag people. In case you don’t want to ask permission you can still tag them but be sure to make it sound as an administrative announcement to avoid committing a crime.

For Libel, on which most people are concerned about, I think this will depend on the understanding and the underlying principle of the person stating and receiving the accusations/information. RA No. 3815 The Revised Penal Code of the Philippines states the definition and conditions of Libel. Since RA 10175 (Libel) was made through RA 3815, the identification of the crime should still be based on that.

Libel may impede or correlate with Freedom of expression. The Article III Bill of Rights Section 4 states “No law should be passed abridging the freedom of speech, of expression, or of the press, or the right of the people, peaceably to assemble, and petition the government for redress of grievances”. Define Freedom of Expression? If I would say that “NAME is a BITCH!! WHORE!!” I am expressing my thoughts, my expression. That can be labelled though as Libel cause it may be an imputation to dishonour or contempt that someone. Libel has been a law since forever. It was long written so people should not worry about it just now.

Other Articles seem appropriate for the Cybercrime Law to be enforced. Cybersex, Cyber-squatting, Cyber-security.. And the like. There has been a law about abuse; this RA 10175 just made is specific that it was done online (through the internet).

It was also stated that 50 million pesos should be appropriated for this Act. Seriously? And that's every year. Why so much? I personally think that 50 million can feed a lot of children than spend it with people's uneducated actions on cyber space.

Controlling? Yes, it is controlling. It is going against the traditional way on how people act online (Tag and Comment all you want). Bothering? Yes, it is. I’m bothered though that of all the crime and economical needs of this country, why do we have to dwell on such negligible issue? Why? Again, as I have said on my previous article (RH Bill - http://paromazoo.blogspot.com/2011/05/05082011-1127-am-cst-rh-bill.html), the number one problem is still corruption followed by the poorly implemented constitution and truncated trifling penalties.

Since this Act will be implemented, it should also have a proper dissemination to the public so that people would understand the sole purpose of the said Act and not to just jump into conclusions that it is the end of Facebook. It may be a calling that we, all of us, should act properly offline and online.

Bottom-line is, RESPECT. Act Educated.

This is how I understand it. If it shouldn’t be this way, let me know.

Have an opinion? Tell me then create your own page.