The Supreme Court of the Philippines on Tuesday, February 18, upheld as constitutional most provisions of Republic Act 10175 or the Cybercrime Law, including online libel – subject to one condition.
The Supreme Court decision, penned by Justice Roberto Abad, ruled online libel to be constitutional but with an exception – that is, in cases where it covers persons other than the original author.
Recipients of, and netizens who react to a potentially defamatory post, will not be covered by online libel. Liking or retweeting other people's posts are allowed and will not be penalized.
Unconstitutional provisions
Three provisions were voted down as categorically unconstitutional:
Section 4 (c)(3) which pertains to unsolicited commercial communications
Section 12 which pertains to real-time collection of traffic data
Section 19 which pertains to restricting or blocking access to computer data
The court further upheld the anti-cybercrime law's penalties to those who aid and abet cyber offenses, namely:
- illegal access
- illegal inteception
- data interference
- system interference
- misuse of devices
- cyber squatting
- computer-related fraud
- computer-related identity theft
- cybersex
The high tribunal explained that penalties for child pornography are already stated elsewhere, and those in the anti-cybercrime law prohibit "double jeopardy."
Recommended reading: Cybercrime Prevention Act of 2012
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