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Justice official turns “cyber-bullying” into a criminal offense without Congress’ approval

May 9, 2014

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By Raïssa Robles

Cybercrime-Geronimo-SyCyber-bullying was never mentioned in the Cybercrime Prevention Law or Republic Act No. 10175 that the Supreme Court upheld as constitutional.

And yet the draft Implementing Rules and Regulations (IRR) that Justice Assistant Secretary Geronimo Sy released to the media not only adds a new section on cyber-bullying. The IRR even takes pains to point out that “if committed through a computer system,” the “penalty to be imposed shall be one (1) degree higher than that provided for in Republic Act No. 10627 (the Anti-Bullying Law).

I obtained my copy of the draft IRR from Isagani de Castro, editor-in-chief of ABS-CBNNews.com

I was highly disturbed by this insertion for two reasons. First, two senators had openly claimed to be victims of cyber-bullying.

During the height of the debate on the passage of a Reproductive Health Law, Senator Vicente Sotto claimed:

“Perhaps I’ve been the first senator in the Philippines to fall victim to cyber-bullying,” said Sotto, who stood up on the floor to answer the continued attack he has been receiving in social networking sites.

“In blogs, Facebook, and Twitter, I became the center of ridicule and malicious attacks from various individuals, especially those backing the RH Bill,” he said, referring to the Reproductive Health bill (RH).

“This might be part of their strategies, with their millions of funds. If you can’t kill the message, kill the messenger,” said Sotto, who is opposing the passage of the bill.

Senator Nancy Binay also claimed likewise during her senatorial campaign.

Is this a way of responding to the complaints of Senators Sotto and Binay, I wondered?

The second reason I was highly disturbed was that Assec Sy appeared to be usurping the lawmaking powers of Congress.

And so I asked University of the Philippines law professor Harry Roque to comment on what Assec Sy’s office did. I asked Atty. Roque, who practices criminal law in the Philippines and abroad, whether my reading was correct. I also asked him whether an IRR could have more sections than what the original law contains.

Roque agreed with my conclusion. He told me that an IRR cannot contain more sections than the original law. And if this happens, he said this would be “a case of executive legislation.”

In other words, it’s illegal.

Hmmm. The last time we had “executive legislation” was during the Marcos dictatorship when President-for-Life Ferdinand Marcos gave himself decree-making powers.

I wondered why Justice Assec Sy had inserted cyber-bullying.

I phoned him, but midway through the interview, he told me he had to attend a meeting. Could I please e-mail my questions about the IRR to him, he said.

I thought it more prudent – as a journalist – to write publicly about my concerns since e-mailing him might be misconstrued as agreeing with the Cybercrime Law. To this day, I believe the entire law should be trashed and another one drafted in its place. One that would nurture the budding use of the Internet as a democratic weapon against corruption and misgovernance, while keeping the youth protected from being abused online by sex predators.

Why the insertion of “cyber-bullying” should worry you 

The Philippines passed an Anti-Bullying Act last year. But this was not a law meant to send anyone in jail. It was meant to curb bullying in elementary and high schools. It recognized for the first time the phenomenon of cyber-bullying or “bullying done through the use of technology or any electronic means.”

However – and this I would like to emphasize – the law did not specify any punishment for bullies, who are presumed to be fellow students of the victims. The most serious penalty meted out by the law is suspension of operations of any private school that fails to comply with the anti-bullying law by adopting anti-bullying policies and procedures.

Now the draft IRR of the Cybercrime Law from Assec Sy’s office specifies that if the bullying is done using a computer system, “the penalty to be imposed shall be one (1) degree higher.”

This insertion, in effect, amends the Anti-Bullying Act of 2013. Instead of this law imposing a purely administrative sanction, the draft IRR of the Cybercrime Law implies that cyber-bullying has become a criminal offense – WHEN IT IS NOT, UNDER THE LAW THAT CONGRESS PASSED LAST YEAR. The draft IRR of the Cybercrime Law doesn’t also explain what “one degree higher means” in the case of the Anti-Bullying Act of 2013, which only threatens school owners with closure of their schools but never with a jail sentence.

Justice Assec Geronimo Sy’s draft IRR in effect “legislates” a cyber-bullying Law.

Congress enacted last year an Anti-Bullying Act that only affects the student population from elementary to high school. As I said, this Act punishes cyber-bullying but not with a jail sentence. Because we are talking here of minors committing the offense. And minors – under a separate law amending the Juvenile Justice System or RA 10630 – cannot be jailed for crimes they commit because they are considered “below the age of criminal responsibility.”

Now, bear this in mind as you read below the two sections that are in the draft IRR that mention bullying:

The first mention is under the section, “Definition of Terms”:

a)Bullying refers to the unlawful or prohibited acts defied and punishable by Republic Act No. 10627 or the Anti-Bullying Act of 2013, committed through the use of technology or any electronic means.

Please note that there is no “bullying” under the “Definition of Terms” of the Cybercrime Law or RA 10175.

The second mention of bullying in the draft IRR is under “Other Offenses” after “Cybersquatting”, “Cybersex” and “Libel”. But this time, it is called “Cyber-Bullying”:

4.Cyber-Bullying – Any person found guilty of Bullying shall be punished with the penalties as enumerated in Republic Act No. 10627 or the “Anti-Bullying Act of 2013”: Provided, that the penalty to be imposed shall be one (1) degree higher than that provided for in Republic Act No. 10627, if committed through a computer system.

The way this section reads, you could reasonably conclude that cyber-bullying is an offense that can be committed by “any person” and not just by school kids. And the penalties would be harsher than those imposed by the Anti-Bullying Act of 2013.

In other words, we will have a new law enacted through a simple IRR. A law that could have a chilling effect on netizens who could be accused of cyber-bullying senators.

I wonder what other legal horrors the IRR of the Cybercrime Law – draft or otherwise – still contain. Knowing how exuberant Assec Sy is with his attempts to impose a draconian Cybercrime Law, the IRR will have to be subjected to a microscopic analysis.

You can refer to the following pertinent documents below:

The draft IRR of the Cybercrime Law

Draft Implementing Rules and Regulations (IRR) of the Cybercrime Law from raissarobles

The Cybercrime Law (RA 10175)

Cybercrime Law (Republic Act 10175) from raissarobles

The Anti-Bullying Act of 2013 (Republic Act 10627) 

Anti-Bullying Act (Republic Act 10627) from raissarobles

The IRR of the Anti-Bullying Act of 2013

Anti bullying Act (RA 10627) = Implementing rules and Regulations from raissarobles

Amended law on minors in conflict with the law (Republic Act 10630)

Juvenile justice system ra-10630-bsa from raissarobles

Tagged With: cyber-bullying, Cybercrime Law, Department of Justice Assistant Secretary Geronimo Sy, Senator Nancy Binay, Senator Vicente Sotto

Comments

  1. leona says

    May 28, 2014 at 5:24 PM

    Latest – from CHINA…no more txt. No more chat. Anything from ‘infiltration forces, or rumors, info on violence, terrors and of course porno…crackdown last Tuesday. WeChat no more.

    Order in cyberspace. No hacking too says hackers from China! hahaha

    http://news.yahoo.com/china-cracks-down-instant-messaging-services-004837283.html

  2. Victin Luz says

    May 14, 2014 at 4:45 PM

    Adding all the billions of pesos this politician had stolen from POOR JUANs coffer and proportionately spread to the woulld be progress that could have benefited the POOR and POOREST?….our PROOF is how this PLUNDERERs lifestyle’s were spent ( even affording to watch every now and then the fight of PAQUIAO in VEGAS ) and had acquired CONDOs at USA coared to the BASURA POPULATION evrywhere in our country,,, NPA and other groups executing this people even without DUE PROCESS can now be afforded by us… AYAW NILANG MAGRESIGN….pag……yin mga hayop na mga ito , start from corrupt barangay kapitan up up to the top…mga gago na magnanakaw pa , masahol pa sila samga pumatay ng tao sa mga kanto kanto…

    Do it NPA and nobody cares pag ayaw magsiresign mga hayop na mga ito..

  3. baycas says

    May 14, 2014 at 4:34 PM

    @moonie,

    (Sound of reminiscence playing in the background: music from the olden days…)

    Even Marcos had his list. Thanks to Johnny…most likely.

    “My barber, Conrad, tells me that the overwhelming opinion outside Malacañang is that it is about time I took sterner measures against the demonstrators that are violent.”

    “The Armed Forces had a critique of the exercises for the Contingency Plan. Defects being ironed out.”

    “We must finalize the list to be arrested if there is massive sabotage or assassination. I assess the plans of the communists to include these activities by the middle of March.”

    “Johnny Ponce Enrile reports demoralization among the HMBs specially the Ma-Maos who are ready to surrender but would like to make it appear like a capture.”

    – Ferdinand E. Marcos, 02.28.1970

    https://philippinediaryproject.wordpress.com/1970/02/

    [Note: It is purely coincidental that, like baycas, Marcos had a penchant to listen to his erudite barber…not only great in hair cutting but likewise a politically astute citizen.]

    Mang Gani, who is a colleague of Mang Bernie, surely wished that those listed in the NAPO-LUY List will have the same fate as those listed in the ENRIL-MACOY List!

    • baycas says

      May 14, 2014 at 4:35 PM

      More on the diary…

      https://philippinediaryproject.wordpress.com/category/diary-of-ferdinand-e-marcos/page/4/

      • leona says

        May 14, 2014 at 5:36 PM

        CATEGORY DIARY OF FERDINAND E. MARCOS
        ENTRIES
        132 Total
        @baycas’ linkage

        Excerpts: 1.) But a new plan of government and society must be worked out…JAN 4, 71 10:00 PM

        2.) All the crooks in government must be booted out. . . JAN 3, 71 1:44 PM

        …hehehe – Diarrhoea! Daya nga! Thanks @baycas!

        • baycas says

          May 14, 2014 at 5:41 PM

          Purge…as in purga…!!!

    • baycas says

      May 14, 2014 at 5:12 PM

      Meanwhile, Mang Tony, the third of the three ‘20/20‘ perceptive barbers, wondered out loud in the vernacular during another “kuwentong barbero” session, “Where’s Reynaldo*?” (A la “Where’s Waldo?” in his tone)

      Mang Bernie quickly added,

      “Is he really in hiding…or is he actually being held captive by sinister people???”

      —–
      *Reynaldo Lim aka Jojo Lim, Jenny’s brother

      • leona says

        May 14, 2014 at 6:18 PM

        ‘Mang CONRAD’ barber ni MaCoy …”My barber, Conrad, tells me that the overwhelming opinion outside Malacañang is that it is about time I took sterner measures against the demonstrators that are violent.”

        …February 28, 1970 – 10:55 PM PAGE 98

        Office of the President

        of the Philippines

        Malacañang

        …is Conrad known to Mang Bernie, @baycas? He may still be cutting hairs and money…demonitized though.

        • baycas says

          May 14, 2014 at 6:40 PM

          If he’s married to Ate Connie, they’re neighbors in her hometown…

        • baycas says

          May 14, 2014 at 6:50 PM

          Ate Connie picked up from what Mang Bernie said in my Comment No. 14.2…

          According to her there was a time that a similar scenario as where Jenny is right now that a relative of the one imprisoned was held hostage in exchange for her silence…or obfuscation of the truth…

    • moonie says

      May 17, 2014 at 4:11 AM

      thanks, baycas. yesterday when I was young so many happy songs . . . nora aunor once sang that song. I’ve inherited mother’s collection of nostalgic love songs and ballads from the 60s and 70s. the marcos years, I know little about. I’m trying to catch up though, reading much.

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