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LIBEL in CYBERSPACE, Philippines style

wilch23 · 7 · 1367

wilch23

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on: Feb 22, 2014, 04:26 PM
Since cyber crime law has been passed, the SC has struck down some provisions in the law. As it stands now, there is a legal basis for the crime of libel in cyber space.

What are your thoughts on this matter?


personalfinanceapprentice

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Reply #1 on: Feb 23, 2014, 01:17 AM
For myself, I have more questions than stances.

I mean, SC couldn't strike down online libel since there is already a libel law. So what's the difference of online law vs the "offline" law?

I also hear that opponents of the online libel law are saying that "offline" libel is also unconstitutional. So how come that point is only being raised now?

But personally, I'm against the libel law. Although people sometimes do say stupid or false things, there shouldn't be a law that can be used to harass freedom of speech. At best, any law trying to stamp out lies or falsehoods should only punish people who do not give the same access to media as the person hurling accusations.  Basically, just let the other party counter what you say: give them enough time to compose a rebuttal and publish the same in the media/format where the accusation was made. Basta patas lang ang laban, para lumabas na lang ang katotohanan. Punishment should come only if one party has much greater access to media and does not afford the other party the same privilege. At least that's my personal opinion.

In practice though, I've haven't heard much about the "offline" libel law being used as a harassment tool. The last high-proile case I can remember was when lolit solis invented a story about sam milby and piolo pascual holding hands or kissing in some pool or resort. It didn't seem like abuse though, since apparently the actors could prove it wasn't them or that they weren't at that place at that time.

Maybe it's a bigger deal on the internet because journalistic standards may not be that high. But still, I can't really be in favor of a law where ordinary folk will have to pay fines or go to jail for saying enrile is a smuggling lord, bong revilla operates a drug lab at home, jinggoy is a thief, binay is epal and his daughter has no qualifications for any job whatsoever. Assuming all those aren't true, as public officials they need to be able to prove their integrity, trust worthiness, and competence. It shouldn't have to be up to ordinary folk to secure rock-solid evidence of crimes and what-not before being able to say anything. Again, just a personal opinion; it's obviously not going to happen since politicians are in charge of making and enforcing laws.

(celebs are a different matter though it may not be much of an issue since accusations would most likely be personal opinions like mataray,  panget, diva, magkaaway, etc.)
« Last Edit: Feb 23, 2014, 01:21 AM by personalfinanceapprentice »


yllor

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Reply #2 on: Feb 23, 2014, 02:12 AM
The law is nothing unless you broke it and if someone said you broke it.

Well, don't screw me! :D
_______________

Parang maging sikat, gumawa ng kwento para pag-usapan ng madla lalo na sa mga pulitiko at artista.

Away ng kaunti.
Ayan na ang blog, media, 'tweets' at facebook!

Nagkasundo pagkatapos ng isang linggo.

Ayun, libreng propaganda.
At merong pang kumita.

:hihi:


vicces

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Reply #3 on: Feb 25, 2014, 02:47 PM

Maybe it's a bigger deal on the internet because journalistic standards may not be that high. But still, I can't really be in favor of a law where ordinary folk will have to pay fines or go to jail for saying enrile is a smuggling lord, bong revilla operates a drug lab at home, jinggoy is a thief, binay is epal and his daughter has no qualifications for any job whatsoever. Assuming all those aren't true, as public officials they need to be able to prove their integrity, trust worthiness, and competence. It shouldn't have to be up to ordinary folk to secure rock-solid evidence of crimes and what-not before being able to say anything. Again, just a personal opinion; it's obviously not going to happen since politicians are in charge of making and enforcing laws.
I agree some self-proclaimed online "journalists" are just propagandists.. while the legit ones are deteriorating fast in the ethics and professional standards department-- there have been occasions when big news outfits like CNN published reports on their websites which turned out to be hoax or false only because they didnt verify first (they now have this culture of "post/report now, verify later" just to be the first to break the story). Unlike printed broadsheets that take overnight before they are released to the readers, they can pull out the story if things didnt add up.

Thing is, the truth is NOT a defense in libel, online or offline. Even if you are telling the truth for example, that Sen. DOM is a well-known womanizer but is also carrying on a 10year brokeback romance with his driver, with matching video scandal and CCTV videos as proof, will not make you less guilty if you had malice or no clear motive in writing about it other than to ridicule or shame the personalities involved (blind items also count if descriptions/clues given are clear enough to point to their identities). But again, how do you even prove "motive", right?

http://www.abogadomo.com/law-professor/law-professor-archives/libel-laws-of-the-philippines

Quote
(celebs are a different matter though it may not be much of an issue since accusations would most likely be personal opinions like mataray,  panget, diva, magkaaway, etc.)
Actually mas maluwag ang batas/korte kung ang subject ng criticisms ay mga "public figure" because alam dapat nila na nakabantay ang mga tao sa bawat galaw nila, kaya dapat hindi rin sila balat sibuyas gaya ni sotto na binabatikos for copying quotes without citing the authors, tapos magrereklamo na cyber-bullying daw yun.  :harhar:  Anyway, libelous or not, only the courts can finally decide (whether the decision is right or not is another matter)...

Ang classic dito... ilang buwan o taon ang ginugol para gawin at ipasa ang batas ng anti-cybercrime law. Tapos ipinapawalang-bisa sa SC dahil daw unconstitutional... tapos dineclare na valid... tapos ngayon, maghahain ng panukalang batas para idecriminalize ang libel (hindi na crime, pero may pecuniary penalty or fine). Can you imagine ilang tao sa gobyerno ang dinaanan at inabala nito, pinasweldo natin at nag-aksaya ng panahon para sa walang kapararakang bagay. Another awful way of spending taxpayers' money. Parang mga ungas lang... <---libelous! Sue.Me. #Smugface


Prospera

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Reply #4 on: Feb 25, 2014, 09:30 PM
I agree that the chilling effect of the cyber-libel law can be a cause for worry...but maybe not as much as widely feared.

For one thing, it will be difficult to enforce.  (To this day, has anybody been apprehended for uploading  the sex-videos of certain showbiz personalities?) Also, the judiciary's limited resources would be put to better use by going after purveyors of child porn rather than those who spread malicious gossip about others online.


wilch23

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Reply #5 on: Apr 21, 2014, 03:06 PM
I agree that the chilling effect of the cyber-libel law can be a cause for worry...but maybe not as much as widely feared.

For one thing, it will be difficult to enforce.  (To this day, has anybody been apprehended for uploading  the sex-videos of certain showbiz personalities?) Also, the judiciary's limited resources would be put to better use by going after purveyors of child porn rather than those who spread malicious gossip about others online.

I believe sooner or later someone will find a way to use it to harass his critics and/or opponents. Most likely that someone will be a govt official.


Prospera

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Reply #6 on: Apr 21, 2014, 07:36 PM
^Maybe so.  But since nobody's suing  this guy yet (http://professionalheckler.wordpress.com), I guess we can still rest easy...


 


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