Lawmaker threatens to impeach Aquino over anti-cybercrime law
MANILA – A party-list representative threatened to impeach President Benigno Aquino III following the latter’s refusal to strike down the contentious libel provisions in the controversial anti-cyber crime law.
Kabataan party-list Representative Raymond Palatino, one of the petitioners assailing the constitutionality of Republic Act (RA) 10175 or the Cybercrime Prevention Act of 2012, said Aquino could be impeached on the grounds of culpable violation of the Constitution and betrayal of public trust for signing a law that could potentially abridge basic rights and freedoms.
“It’s already horrible that Aquino did not use his veto power to prevent the enactment of this law. Worse, he insists that the provisions on online libel should not be removed,” said Palatino, who represents in Congress the youth as a marginalized sector, majority of whom he said stands to be affected by the cybercrime law.Aquino insisted last Friday that the provision on online libel should not be removed, saying he does not see anything unconstitutional in that clause.
“Now that the law is in effect, we have to enforce it. I can be impeached for dereliction of duty if I do not implement the law," Aquino said.
But Palatino said while the civil society has been calling for the decriminalization of libel, the President had practically put his seal of approval on a law which not only curtails basic freedoms but also imposed stiffer penalties for online libel.
“While Congress should indeed enact laws with regard to online libel, Aquino doesn’t quite understand that the provisions on online libel in the Cybercrime Act are overly excessive, to the point of being repressive. If Aquino is insisting that we accept the new law, not only is he violating the Constitution, he is also betraying the public’s trust, both of which are impeachable offenses,” he said.
“We warn you PNoy (Aquino). Masquerading as a ‘clean’ president doesn’t make you unimpeachable. If you continue on betraying the public’s trust, the masses are ready to call not only for your impeachment, but for your ouster,” the youth lawmaker said.
Aside from the Kabataan party-list group, other petitioners who went to the Supreme Court seeking to stop the implementation of the law were: businessman Louis Biraogo; a group of journalists belonging to the Alab ng Mamamahayag (Alam); a group of cyberlaw experts and bloggers led by lawyer Jose Jesus Disini; Senator Teofisto Guingona III; another group of journalists, bloggers and lawyers led by Harry Roque Jr.; militant groups led by Bagong Alyansang Makabayan (Bayan); the Ateneo Human Rights Center; a group of bloggers led by Anthony Ian Cruz; the National Union of Journalists of the Philippines (NUJP); and officers of the Philippine Bar Association.
The Philippine Internet Freedom Alliance (Pifa) and lawyer Argee Guevarra are also scheduled to file their joint petition before the High Court, also seeking to nullify certain provisions of RA 10175.
Justice Secretary Leila de Lima, who was vested by the law with “takedown” powers on erring websites, echoed Aquino’s stand, saying there is nothing unconstitutional in RA 10175 and that any vagueness in that law will be addressed in the crafting of the implementing rules and regulations (IRR), together with the stakeholders.
She reiterated that the law would be implemented “gradually and very prudently” pending creation of the IRR and enforcers would focus first on palpable cybercrimes like hacking and other syndicated crimes.
Earlier, de Lima ordered the National Bureau of Investigation (NBI) to hunt down the hackers who defaced various government websites in protest of the law’s implementation.
This developed as the Justice department gears up for the first cybercrime forum at 9 a.m. Monday at the DOJ, aimed at addressing chinks in the RA 10175.
The forum will be attended by the Department of Interior and Local Government (DILG) and the Department of Science and Technology (DOST), as well as various stakeholders in the private sector. It will have a live webcast inwww.doj.gov.ph.
House committee on information and communications technology chair and Taguig City Representative Sigfrido Tinga will open the forum with officials of DOST’s Information and Communications Technology sitting in the panel.
Agencies under the DOJ like the NBI, National Prosecution Service, and Public Attorney’s Office will also join the forum.
Those expected to participate in the forum are: Internet Society Philippines chapter, PH Net Foundation, UP College of law, La Salle Institute of Governance, Foundation for Media Alternatives, Globe Telecommunications, Imperium Technologies, Philippine Software Industry Association, Business Processing Association of the Philippines, Philippine Computer Emergency Response Team, IdeaCorp Philippines, National Security Council, National Defense College of the Philippines, and Freelance Writers Guild of the Philippines.
The forum will be held on the same day that SC justices will deliberate on whether to grant petitioners’ prayer for a temporary restraining order. (
