“Do not be afraid. Write and speak about anything you want.”
Lawyer and professor Harry Roque Jr. yesterday rallied netizens to keep democracy alive and not to be intimidated by the new cybercrime law.
The Supreme Court recently upheld the constitutionality of online libel.
Speaking to journalists and students at the Marcelo B. Fernan Cebu Press Center yesterday, Roque criticized provisions of Republic Act No. 10175 or the Cybercrime Prevention Act of 2012 which he said are vague and can be used to gag valid criticism against corrupt public officials.
“This law is used to chill us. But those who want to regulate us will only succeed if we allow ourselves to be chilled,” he said in the forum.
“Journalists are not alone in the advocacy to oppose this enemy of democracy called libel. The fight goes on. Unless the law gets completely repealed, corrupt individuals, liars, and thieves will use this to prevent us from criticizing them. This we will never allow,” Roque added.
Libel is a criminal offense under the Revised Penal Code that punishes defamatory statements made in public against individuals or legal entities
Cases usually arise from statements made in print and broadcast media.
The cybercrime law increases the penalty of libel committed online but has vague guidelines about how exactly it will apply in the Internet, which opens up the new law for abuse, according to critics.
hierarchy of values
Roque said freedom of expression occupies the highest rank in the hierarchy of values of the Bill of Rights.
The implementing rules have yet to be finalized, he said, but people have already been charged and prosecuted for online libel.
“Not only journalists can be sued with online libel. Even ordinary citizens can be charged,” Roque said.
The provisions on online libel are “so vague,”he added.
“Are those who retweet posts liable? Are people who like and repost statements on Facebook accountable? Is reposting a link illegal? Are owners of Internet Service Providers, social networking sites, Google and Yahoo, and telecommunication companies liable?” Roque asked.
Online libel violates international standards in protecting the right to expression, he said.
“Why do we value freedom of expression? Because it enables us to know the truth. It gives us facts. And what arises from these facts? Personal decisions which will lead to public opinion. And we know that public opinion can oust a government,” he said.
Roque was among those who argued against the cybercrime law before the Supreme Court.
He’s hoping to bring the issue before the United Nations in November this year.
Yesterday’s forum was organized by The Freeman and sponsored by GMR Megawide Cebu Airport Corp. and Carmen Copper.
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