Friday, September 28, 2012

Cayetano vows to push for amendments to cybercrime law

MANILA, Philippines - Senate minority leader Alan Peter Cayetano vowed to push for amendments of the now controversial Cybercrime Prevent Act of 2012, which punitive provisions are being questioned by some sectors in the Supreme Court (SC).
Also a lawyer, Cayetano said the courts deals with the legalities but not the wisdom.
“A law can be totally unwise. I don’t want to use the word, stupid. A law can be stupid yet legal. A law can also be very good but illegal or unconstitutional. What the court can do is assert the constitutionality but it cannot undo a law or think it is to valid. Legislation is the solution here,” Cayetano said.
Cayetano said he and his legal staff are studying how to remove the penal provisions in the cybercrime act as well as the provision on online libel.
“I am of the opinion that in the same manner that we have supported the repeal of the penal provisions of libel law, we should move to civil cases. Hindi kasi puwedeng anyone can just say anything even if it is slander or it may affect a person,” Cayetano said.
Cayetano said he will push amendments for the new law once Congress resumes October 8.
“Pag may sinabing hindi totoo, civil damages dapat,” he said. “It’s your right to say that one is a thief, but it is also a right of that person to protect his name. A civil case can be a healthy compromise,” Cayetano said.
Cayetano said he is supportive to decriminalize libel and as such there could be needs to amend the new cybercrime law in the process.
“Right now, I think that is too harsh that libel is already a criminal case even without the cyber law. What more now it is applied in the internet,” Cayetano said.
Cayetano lamented that the inclusion of a libel clause in the new law went unnoticed during the deliberations of the measure in the plenary.
“To be fair to the author, to Sen. Angara and the others, these reactions weren’t all brought up, at least not this passionately when it was being discussed,” he said. (