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> Past proposals for an Anti-CyberCrime Law
II. Offenses under RA 10175
> Child pornography under RA 9775, viz Section 4(c)(2) of RA 10175
> Section 33 (a) of RA 8792, viz Section 4(a)(1) to (5) of RA 10175
> New offenses under RA 10175
> Other offenses under Section 5, RA 10175
> Applicability to other penal laws, when crime committed using ICT, under Section 6, RA 10175
III. Contentious issue: Libel viz Freedom of Expression
> Libel under Chapter 1, Title XIII of the Revised Penal Code (Act 3815 [RPC], 8 December 1930)
> Libel under Section 4(c)(4), RA 10175
> Freedom of Expression viz libel
> Doctrine of privileged communication
> ICCPR and General Comment No. 34
IV. Contentious issue: Privacy
> Right to privacy
> Section 12 to 17, RA 10175
> Privacy in relation to Section 12, RA 10175
> International Cooperation
VI. Admissibility of Evidence
There has been a lot of discussions observed days subsequent to the promulgation of Republic Act 10175, or the Cybercrime Prevention Act of 2012, on 12 September 2012. There are some who assail the law to be unconstitutional as it acts as a prior restraint to freedom of speech, or that it provides undue expanded interference of private activities in the Internet by the Philippine Government, among others. Let me form my opinion herein, without providing legal advice, regarding the present law in its final form.
Past proposals for an Anti-CyberCrime Law
The Anti-Cybercrime law was not a recent proposal. Prior versions have been introduced in previous Congresses but which have been archived when the previous Congresses adjourned, including the 14th Congress. It appears that prior versions were being pushed to meet (1) the urgency to penalize child pornography; (2) rectify the perceived weakness of provision(s) on computer-related crimes in Republic Act 8792, or the Electronic Commerce Act (2000); (3) the necessity of expanding the coverage of the applicability of electronic documents, or ITC-enable acts, to criminal/penal laws, especially those in the Revised Penal Code, where documents, or in which a computer may be used in the commission thereof, are involved; (4) the necessity to provide an efficient legal procedure/allowance in the acquisition of evidence by government agencies when crimes are being committed, or have been committed, through electronic means; and (5) arrangement towards international cooperation, as acts may be transnational.