But the First Division affirmed the Quezon City RTC’s order. Metro Manila (CNN Philippines, October 27) — Online scams and libel cases top the cybercrime list of the Philippine National Police (PNP) from March to … Because the DOJ did not invoke an ex post facto application of the Cybercrime Law, Justice Secretary Menardo Guevarra insisted he broke no law in filing the criminal charge and dared Ressa to sue him if she thought he violated her rights. II. Under the Duterte administration, what critics said became true. Judge Rainelda Estacio-Montesa found Ressa and Santos guilty beyond reasonable doubt of violating the cyber libel law and sentenced them to a minimum or six months to six years in jail. Tolentino’s appeal eventually reached the SC, where he argued that the prescription period was only one year. Cyberlibel should not be confused with slander. This law was signed by President Benigno Aquino, III on September 12, 2012. ONLINE LIBEL AS CYBERCRIME IN THE PHILIPPINES: DEFINITION, REQUISITES AND APPLICATION OF PENALTIES The crime of libel in the The internet has provided “This is uncharted territory for the new Philippine cybercrime law,” Rapper said in its editorial on Friday explaining this new case against its chief, who has sought a dismissal of the latest cyber libel charge that was formally filed on Nov. 23. 34. South Korea is the first democratic country in the process of introducing the law. Rappler CEO Maria Ressa has been charged with cyber libel for the second time. Supreme Court dissenters warned against a cyber libel law that takes its definition from a 1930 statute, but will be applied to the internet age. Cyber law is one of the newest areas of the legal system. Sec. This is a defense against the element of malice and it applies to both libel and oral defamation. Under the cybercrime law, libel can constitute both oral and written. For cyber libel, the Cybercrime Prevention Act of 2012 is silent on the prescriptive period. Embattled Philippines journalist and Rappler CEO Maria Ressa was found guilty of "cyber libel" Monday, in a case she and press freedom groups have described as … View Cyber Crime Law 2.docx from LAW securities at St. John's University. What is Cyber Libel and Cyber Law? Cyber law provides legal protections to people using the internet. The Cybercrime Law refers us to the Revised Penal Code for the definition of ‘libel’. Libel is a criminal case under the Revised Penal Code Article 358. Her lawyers cited the Supreme Court's ruling on the cybercrime law which said only the author of a defamatory statement — not the people who shared it online — is liable for cyber libel. Clearly, the person liking, sharing or retweeting is not the author of the original post being shared, liked or retweeted. The accused were each ordered to pay the amount of P200,000 as moral damages and a similar amount in exemplary damages. First, in 2000, Congress passed the Electronic Commerce Act ("ECA"), which makes electronic documents as the functional equivalent of paper-based documents. The Cybercrime Prevention Act imposes higher penalties for libel from a minimum of six months imprisonment in the Revised Penal Code (RPC) per count to a minimum of six years. For cyber libel, the Cybercrime Prevention Act of 2012 is silent on the prescriptive period. Second, the laws on libel, under the Revised Penal Code, from which the Cybercrime Prevention Act of 2012 refers to, punishes only the author of the post, or editor in cases of magazines, newspapers, books or serialized publications. With due respect to the Supreme Court, cyber libel is not punishable under RA No. Worse, this new law increased the penalty for cyber libel to prision mayor from the current prision correctional provided under the Revised Penal Code (RPC). Republic Act No. However, the law also includes libel among the acts punishable by law. Nonetheless, I think Ressa has viable defenses in her favor. She filed a cyber libel case and the Quezon City RTC Branch 90, in a March 19, 2018 order, denied Tolentino’s motion to quash the case. For your reference, please look for these elements in the posts that affect you, these are the elements of (cyber) libel. On January 24, 2012, while the nation was riveted on the impeachment trial of then Chief Justice Renato Corona, Sotto introduced an amendment to the proposed Cyber Crime Law. The statements can be about a person, business, organization, group, nation, or product that tends to hurt the person’s reputation. But let’s not go there (our noses might bleed), here’s a simplified version of libel’s definition is … Who caused the insertion of the libel clause• On January 24, 2012, while the nation was riveted on the impeachment trial of then Chief Justice Renato Corona, Sotto introduced an amendment to the proposed Cyber Crime Law. For example, she can argue that no libel, whether ordinary or cyber, was committed. 4(c)(2) (child pornography), 4(c)(3) (unsolicited commercial communications) and 4(c)(4) (libel); Cyber law is any law that applies to the internet and internet-related technologies. 5 (aiding or abetting in the commission of a cybercrime/attempt to commit a cybercrime) only in relation to secs. The execution of the law was suspended in October 2012 by a temporary restraining order issued by the Supreme Court, following criticisms and protests among the… Why Cyber Libel The anti bullying law only cover minors and students, but the cybercrime law included cyber libel as a punishable act per revised penal code. Albeit one degree higher, because the use of social media and the internet amplifies the effect of libel. 203335, February 11, 2014, the Supreme Court said an offender cannot be prosecuted for libel under the Revised Penal Code and cyber libel under RA No. Techopedia explains Cyberlibel. 10175 because of the rule on double jeopardy. Defenses include "fair comment," "truth in statement/justification" or, less frequently, "qualified privilege." Sotto said introducing internet libel would make people more cautious on the Net. They were overruled. The Doctrine of Privilege Communication A. Libel and slander, known broadly as defamation, are untrue statements made by someone that are harmful to someone else’s reputation. TARLAC -- A House bill draft amending two laws penalizing cybercrimes seeks the repeal of provisions on libel. • Libel: As defined in Article 355 of the Revised Penal Code, libel can be committed through a computer system or any other similar means. This means a netizen prosecuted for online libel under the cybercrime law could no longer be charged with a separate case for libel under the Revised Penal Code. There are two main types of defamation: libel, or written defamation, and slander, or verbal defamation. No. 10175, or the Cybercrime Prevention Act of 2012, was signed into law by President Aquino on Sept. 12, 2012. It has since turned out that Sotto knew all about the new section on libel in the Cybercrime Law because he did the insertion himself. However, the law also listed libel as among punishable cyber crimes. My own take is that even without an express provision in the cybercrime law, Internet libel is punishable under the Revised Penal Code. Libel is already a criminal case in the Revised Penal Code. Sec. The law recognized the use of the internet in committing cyber crimes like pornography, trafficking, and fraud among others. These defenses were established by jurisprudence, particularly by United States Decisions, as our Libel law is based primarily on American concepts. Defamation laws (cyber-libel) and the Internet Region: Ontario Answer # 361. As expected, numerous petitions against provisions of the law appeared. Like common law libel, cyberlibel is defamatory, shared with at least one third party and plainly identifies victim(s). The law recognizes the use of the Internet to commit cybercrimes such as pornography, trafficking, and fraud, among others. Law expert: Cyber libel, NOT a crime In Disini vs. Secretary of Justice, G.R. 10175. The only country where such cyber defamation law is being implemented is China. 5. 4(c)(4) (online libel- only where it penalises those who simply receive the post or react to it) but NOT UNCONSTITUTIONAL as far as the original author is concerned. Under the cybercrime law, libel … 33. My own take is that even without an express provision in the Cybercrime Law, Internet libel is punishable under the Revised Penal Code. The cyber defamation law that the South Korean government pursues allows police to crack down on hateful comments without any reports from victims. While this law is still at work, make sure you don’t commit any of … THE Supreme Court (SC) of the Philippines just upheld the constitutionality of most parts of the Cybercrime Prevention Act of 2012, including the contentious provision that punishes online libel. (UPDATE 2) The Supreme Court en banc on Tuesday upheld the constitutionality of the controversial online libel provision in Republic Act 10175 or the Cybercrime Prevention Act Estacio-Montesa exonerated Rappler from any corporate liability. This includes both businesses and everyday citizens. The draft bill merging four House bills amending Republic Act 10175, known as the “Cybercrime Prevention Act of 2012”, and RA 8792 or the “Electronic Commerce Act” and repealing Section 4 (c)4 of RA 10175 and Section 33(a) of RA 8792. Read: ‘Fight vs cybercrime law not over’ — netizens. This is because internet technology develops at such a rapid pace. The Cybercrime law will penalize all illegal acts done through the Internet such as child pornography, cybersex, identity theft, cybersquatting, illegal access to data and, the most controversial, online libel. The Cybercrime Law has a broad scope and the hopes are still high that it will soon be abolished. 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