Technology of man has evolved so
rapid through the lapse of time. Long before, our forefathers used stones as
their tools. Then came fire which was used in different ways like cooking,
heating and alike. Through the years the technology of mankind has evolved. Man
has discovered the use of metals, plastics, papers, wood and many others.
Before man lived in caves, then man learned to build houses by the use of wood
and leaves. Thousand of years had passed and we can now see high rise buildings
condominiums and different kinds of structures which depicts beautiful and
intricate architecture. Communication also has evolved much. From time people
use ravens or birds to send their message to the time man has used telegraphs.
And now, we can send messages in an instant without waiting for a long time for
our message to reach its destination. Life of man has become easier and
comfortable. The world offers all kinds of comfort through our modern
technology. This simple means that man does not settle for less at he always
wants more. The intelligence of man has brought us this far in all aspects
especially in terms of technology.
Now come the age of computers and
internet. Everything is instant. Messages reach their destinations in just one
click. Information can be acquired in just one click. One can see his/her loved
ones even miles away or on the other side of the world without necessarily
going to such place, just in one click. In the internet, everything can be done
just in one click. We have now several social networking site which gives us
the opportunity to meet people in different people not just in one’s place but
also from different parts of the world. In the business world, everything is
already computerized for purposes. Now bulk of files and documents may be
avoided by the use of computers. Business transactions can now be made through
the use of computer and internet. And one can also have his own business as
long as he has a computer and internet connection. Also, education will not be
left behind in the evolution of technology. Some students do not already use
books and other school materials in school because of modern technology. In
just a single “IPAD” or a “TAB” a student or teacher can have all his/her books
and reading materials. This can be acquired through the internet. People need
not go to huge libraries and carry towers of books to do their research. In
just one click in the internet you can already have the information that you
want. If you do not know something and you don’t want to ask others for fear of
being embarrassed of being called an ignorant, Filipinos has this expression
“I.M.G.” which means “I-google Mo Gago”, and boom, you will be informed. In
other words, the everyday life of mankind as espoused to the use of INTERNET!
Because of this evolution and now
the age of internet, many people have taken advantage of the use of internet in
different ways. Some in a good way, but still others in a way that would offend
other people and worse in a way which violates the rights of others. Along with
the evolution of technology, laws should also evolve to cater the needs and
exigencies of time. That is why nations all over the world made
their own laws governing the use of internet. Laws that would create the rights
of the internet users or what they call now the “netizens” and also to protect
these rights from violations of those people who would tend to violate these
rights of others.
Here in the Philippines, our
lawmakers made several laws that create rights of internet users and penalties
for violations of these rights. We have, Republic Act No. 8792 or the
Electronic Commerce Law, the Rules on Electronic Evidence, Republic Act No.
10173 “An Act Protecting Individual Personal Information In Information and
Communications Systems In The Government And The Private Sector, Creating For
This Purpose A National Privacy Commission And For Other Purposes”, and the
most controversial Republic Act 10175 “An Act Defining Cybercrime, Providing
For The Prevention, Investigation, Suppression And The Imposition of Penalties
Therefore And For Other Purposes” also popularly known as the “CYBERCRIME CRIME
PREVENTION ACT OF 2012” or “CYBERCRIME LAW”.
The Cybercrime law was recently
promulgated by our legislature with the intention of protecting certain rights
in the world of internet. But this was made in to law despite all criticisms it
had. As early as it was yet a bill many people and several groups criticized
this law. It was said that several of its provisions was a violation of the
constitution and hence unconstitutional. That is way some people had protested
to its passage and it was under a Temporary Restraining Order. This law is still
confidential and highly debatable.
Many people and even some of the
lawmakers do not like the provisions contained in the Cybercrime Law. That is
why Senator Miriam Defensor-Santiago has drafted the Bill No. 3327 also known
as “MAGNA CARTA FOR PHILIPPINE INTERNET FREEDOM (MCPIF)”. This bill is intended
to replace the controversial Cybercrime Law. This law is intended for the same
purpose, to create the rights of the internet users, to protect these rights
and to punish those acts which violate these rights. But the question is “if
Bill No. 3327 will be enacted as a law, is it a better law compared to the
Cybercrime Law? Which of the two is better that would serve to protect the
interest of the internet users?”
WHICH OF THE TWO IS BETTER? If a
person would be given a chance to choose between two vitamins, one that
contains vitamin C only and the other that contains vitamins from A to Zinc
which is more complete he would most probably choose the latter because in just
one vitamin it contains all the vitamins and nutrients that his body needs. Why
settle for less if you can have more? Following this line of thinking, I would
say with all conviction that Bill No. 3327 or the MCPIF being introduced by
Senator Miriam Santiago will be a better law compared to the Cybercrime Law.
Generally, it is a more comprehensive compared to the cybercrime law. It
expressly states in its provisions the rights and freedom in the use of
internet and the rights and privileges guaranteed by the 1987 Constitution,
especially the Bill of Rights, and those rights and privileges provided by the
treaties and conventions which are made applicable in the Philippines. It also
states the punishable acts with more clarity as compared to those stated in the
cybercrime law which brings ambiguity in its definitions. Together with
punishable acts are the penalties which are more appropriate.
Primarily, the cybercrime law was
protested because of its being overbreadth and void for vagueness hence it is
unconstitutional. It is overbreadth and void for vagueness because it tends to
punish certain cyberacts or internet act as punishable which in truth and in
fact it should not be punishable. Laws should not be so broad enough to bring
confusion to mind of the people and it also should not be vague so that it
could be easily understood by the lay people. This is what happened in the
cybercrime law. It brought confusion to the mind of the people as to what are
the specific acts that are punishable under the law. Beause it gave an impression
to the people that almost all the internet activities may be punished. The
MCPIF does not suffer this kind of problem for it is clearer.
Another reason for its being
unconstitutional its violation of the right of the people to privacy because
the authority can intrude to the privacy of the people without even the
observance of the right of the people to due process. The cybercrime law does not
provide for the procedural right of the people to due notice and hearing before
the authority can intrude to the right of privacy of the people. While the
MCPIF provides protection to the right of the internet users to their privacy.
In connection with the statements
made in the previous paragraph, another reason for its being unconstitutional
is its violation to the right of the users to due process of the law which is
expressly guaranteed by the 1987 Constitutional. This violation is not
committed in the MCPIF.
The cybercrime law also violates
the right against illegal searches and seizures for allowing real-time
collection of traffic data in the absence of a valid warrant. This is not
allowed in MCPIF. The MCPIF specifically provides for the due process in
collection of the said data through by providing
strict guidelines for any collection of any data owned by private internet
users. It also provides that a search a warrant should be secured first before
they can collect data. It also obliges the authority to notify the internet
user before the authority can seize anything. The right to seize by the
authority is also not without limitation. The authority can only seize data and
not physical properties of the internet users.
In observance of the people’s right to privacy the MCPIF mandates
the authority to secure the collected and seized data that no other may obtain
it without authority. These data, though already seized, must be protected from
those people who would like to have them to be used against the owner of the
data. It is still their private data and should not be used other than those
purposes intended and allowed by the law.
One of the freedoms that is most
exercised in the cyberworld is the freedom of expression and of speech. That is
why it is also well protected by MCPIF. But this protection is not without
exception. The MCPIF also punishes libel committed trough the internet. This is
to protect the Filipino people from the libelous statements against them
committed in the internet by those who abuse their right of speech and
expression. Comprehensive as it is,
MCPIF does not define “libel” in an overbreadth and vague manner which the
cybercrime law. The cybercrime law was very much suffered criticizisms because
of the overbreadth and vagueness of its provisions with regard “libel”. It is
so general that it will cover as much as I would which on the first place it
would supposed to be covered and it also vague for one may not readily know if
his or her act would fall under such offense.
The right against double jeopardy
is also violated because the cybercrime law allows the prosecution of a single
offense or act against the provisions of the Revised Penal Code and also other
special laws. This is not allowed under the MCPIF.
One of the problems not only of
the Philippines but also the whole world is terrorism. Terrorists have also
evolved and grow together with technology. Terrorists has also plotted they
terrorist attacks not only by the use of bombs, guns and other explosive
devices but also through the internet. In other words, terrorism has already
penetrated in the cyberworld. Terrorists have used the internet to do
terrorism. That is why the internet must be fortified from the evil that is
brought by terrorism. Because of this the MCPIF ensures that the Philippines
have available defenses that would the country from the possible attacks of the
terrorists and also other people or state through cyber technology. This is
ensured by the MCPIF in its provisions.
Indeed the MCPIF is better
compared to the Cybercrime Law. I would strongly agree with the author of Bill
No. 3372 that the Cybercrime Law must be repealed. It would be great redundancy
in the law if both laws will be upheld. MCPIF covers everything essential that
the cybercrime law that covers and more is offered by the former.
Many petty crimes have been
committed through the internet. One of which is cyber bullying. Like what
happened to the lady in the famous “AMALAYER VIDEO” the girl was deeply
scrutinized when she yielded on the lady guard in the train station. Many questions
could be raised in such circumstance. Those people who saw the video has made
different comments some where in favor of her but mostly are against what she
did. the video became a short time sensation in the country. It was even shown
on the national television in different stations. Because of the criticisms
made by other people, the lady was deeply embarrassed. She is indeed a victim
of cyber bullying. The question now is “is the person who uploaded the video in
the internet liable for the embarrassment brought to the lady in the video?”. This
is just one of the circumstances that should be addressed by the government. Petty
things indeed these are but still the rights of the people are at stake here.
Prostitution is already committed
through the internet. There are so many sites that offers pornography and live
video streaming of people, male and female alike, that are immoral and obscene.
Even the children are exploited in this kind of crime. Many cybersex dens have
been apprehended already. This should already be stopped.
Every person is very much vulnerable
in the cyberworld. There is no person that could prevent other people from
making untoward acts in the internet world. So enters the laws that are
promulgated to protect the people.
The government through its
lawmaking bodies are the ones who are empowered to create the laws the would
protect its people. But laws should not be shallow and made half-hazard way. Every
law shall be well thought of by the lawmakers for rights of the people are at
stake. Rights of the people should be well protected and punishments should
also be clearly stated without ambiguity. These punishments should be clear
enough because it is of no good to punish a person who does an act does not
know that what he or she does is punishable by law.
It is also an elementary rule in
law making that it should be in consonance with the highest law of the land the
Constitution and should never go against it. Any law that goes against the
constitution should never be allowed. The people are weak enough to defend
their rights on their own that is why there are laws made that protect these
people from any mischievous acts done against them. These acts can now be very
much committed through the internet. There must be a substantive law that would
protect the people in the internet world. A law that would best protect and
serve the interest of the internet users and the whole nation. And in my own
opinion Republic Act.10175 is not the proper law. The cybercrime law does not
well protect the interest of the internet users. There are so many loopholes
and insufficiencies in the said law. There are so many violations against the
Constitution that made me to think that it was not drafted with scrutiny. The lawmakers maybe
drafted it in a fast and urgent manner just to say that the Philippines have a
law governing the cyberworld.
On the other hand, I strongly
believe that the Bill No. 3327 also known as “MAGNA CARTA FOR PHILIPPINE
INTERNET FREEDOM should be made into law repeal Republic Act No. 10175 because
for me this bill if made a law will best protect the interest of the people and
the nation in the world of internet. This bill does not only cover the criminal
and civil aspect of the law but also it covers other areas like the
intellectual property law. This would be, if not the best but a better
guidelines for internet users in the present and also in the future. The internet
is so vulnerable to different kinds of crimes and offenses.
The Philippines is one of the
countries that has the most number of internet users especially when it comes
to social networking sites like facebook, twitter, multiply and the like. This
is already the truth that could not be denied and prevented. The government
should deal with this and protect these millions of internet users in the Philippines
through the passage the Bill No. 3327 also known as “MAGNA CARTA FOR PHILIPPINE
INTERNET FREEDOM.
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