Free speech fears as Philippine law targets social networks
By Cecil Morella, AFP
October 1, 2012, 12:12 am TWN
MANILA -- A new cybercrime law in the Philippines that could see people sentenced to 12 years in jail for posting defamatory comments on Facebook or Twitter is generating outrage among netizens and rights groups.
The stated aim of the cybercrime law is to fight online pornography, hacking, identity theft and spamming in the conservative Catholic nation amid police complaints they lack the legal tools to stamp out Internet crime.
However it also includes a blanket provision that puts the country's criminal libel law into force in cyberspace, except that the penalties for Internet defamation are much tougher compared with old media.
It also allows authorities to collect data from personal user accounts on social media and listen in on voice/video applications, such as Skype, without a warrant.
Teenagers unwarily retweeting or re-posting libelous material on social media could bear the full force of the law, according to Noemi Dado, a prominent Manila blogger who edits a citizen media site called Blog Watch.
“Not everyone is an expert on what constitutes libel. Imagine a mother like me, or teenagers and kids who love to rant. It really hits our freedoms,” Dado told AFP.
Compounding the concerns, those teenagers or anyone else who posts a libelous comment faces a maximum prison term of 12 years and a fine of 1 million pesos (US$24,000).
Meanwhile, newspaper editors and other trained professionals in traditional media face prison terms of just four years and fines of 6,000 pesos.
While harsh criminal libel legislation remains in force in other parts of Asia, Dado said the Philippine law sent the wrong signal in a country that overthrew the military-backed Ferdinand Marcos dictatorship just 26 years ago.
Dado, a lawyer's wife known in the local online community as the “momblogger,” is among a group of bloggers and other critics of the libel element of the cybercrime law campaigning for it to be repealed.
Brad Adams, Asia director for New York-based Human Rights Watch, said the law was having a chilling effect in the Philippines, which has one of the world's highest per capita rates of Facebook and Twitter users.
“Anybody using popular social networks or who publishes online is now at risk of a long prison term should a reader — including government officials — bring a libel charge,” Adams said.
About a third of the Philippines' nearly 100 million people use the Internet, with 96 percent them on Facebook, according to industry figures.
Five petitions claiming the law is unconstitutional have been filed with the Supreme Court.