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Sunday, September 30, 2012

DOJ to implement Cybercrime Act despite controversies



October 1, 2012 12:27pm
Internet users, be warned. The government will still implement the controversial Cybercrime Prevention Act of 2012 even after several parties have questioned some of its provisions before the Supreme Court.

“Right now, duty namin na i-implement ‘yung batas,” said Justice Secretary Leila de Lima on Monday.  “We have to uphold that. It is there.”

As the implementing agency, the Department of Justice (DOJ) has been tasked to draft the implementing rules and regulations (IRR) of Republic Act 10175, De Lima told reporters at the sidelines of the DOJ's 115th anniversary celebration.

“We have our law now and it is our duty to execute the law, unless otherwise declared unconstitutional by the Supreme Court or unless repealed by the crafters of the law, the Congress,” she said.

Although the DOJ may “clarify certain ambiguous provisions in the law,” De Lima clarified that the “IRR cannot go beyond or against the provisions of the law.”

“Siguro ang magagawa na lang namin ngayon ay ayusin nang husto ang paggawa ng IRR… [to make sure that] hindi ito nagba-violate ng fundamental rights including human rights,” she said.
  
At least five petitions have been filed questioning the Cybercrime Prevention Act, which President Benigno Aquino III signed into law last Sept. 12, before the Supreme Court. In the latest petition, a group of lawyers and journalists questioned Sections 4, 5, 6, 7 and 19 of the law. 

Sections 4 and 5 tackle the various offenses covered under the Act, including libel, which the petitioners claim to be in violation of the people's right to free speech. Meanwhile, Sections 6 and 7, respectively, hand down a higher-degree of punishment for people found guilty of online libel and allow them to be charged separately under the Revised Penal Code for the same offense.

Section 19 of the law gives the DOJ the authority to restrict or block access to computer data that would be found prima facie in violation of the Cybercrime Law. — Rouchelle Dinglasan/KBK, GMA News

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