N.B. – This official statement on the cybercrime law is signed by 23 faculty members, 14 staff and REPS and 62 students led by Dean Roland Tolentino.
UP CMC reaffirms call to junk Cybercrime Law
Official Statement of the University of the Philippines College of Mass Communication
February 24, 2014
The undersigned faculty, staff and students of the University of the Philippines College of Mass Communication (UP CMC) repeat the salient points of a statement dated October 8, 2012 in reacting to the Supreme Court’s (SC) decision last February 18 on Republic Act No. 10175 (Cybercrime Prevention Act of 2012).
While we welcome the SC decision on the unconstitutionality of Sec. 12 which empowers the Philippine National Police and the National Bureau of Investigation “to collect or record by technical or electronic means traffic data in real-time associated with specific communications transmitted by means of a computer center” and Sec. 19 which authorizes the Department of Justice, after finding prima facie evidence, “to restrict or block access to…computer data,” the UP CMC expresses disappointment and concern that the fundamental issues surrounding RA No. 10175 have not been addressed.
In October 2012, it may be recalled that the UP CMC raised the chilling effect of this law not only on communication and journalism students and media practitioners “but also on everyone else as well since it subjects practically all interpersonal communication processes through the new media and `other devices’ to subsequent punishment including imprisonment.”
Under RA No. 10175, it is clear that “anyone who uses email to communicate, who uploads photos and videos as well as information and opinion via social media, blogs, chat rooms or news sites, or who use mobile phones can be denied their right to free expression by being accused of uploading and transmitting libelous content…While there is reason to go after so-called cybercriminals like those involved in child pornography, the new law casts such a wide net that even ordinary conversations in chat rooms online on, say, governance matters, that the Department of Justice can simply describe as libelous can lead to the imprisonment of those involved…RA 10175 also defines vaguely terms like `data interference’ (Sec. 4.3) where even satirical memes could be classified as punishable acts of `alteration’ of `electronic documents.'”
In its response to a complaint filed by a Filipino broadcast journalist, the United Nations Human Rights Committee (UNHRC) in October 2011 already stressed that libel in the Philippines violates the 1976 International Covenant on Civil and Political Rights (ICCPR) of which our country is a signatory. Article 19 of the ICCPR explicitly promotes and upholds freedom of expression, among other basic rights: “Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.” It is in this context that the UNHRC found “excessive” the criminal sanction for libel in the Philippines.
Clearly, the blame not only lies on Sen. Tito Sotto who inserted the provision on online libel in RA 10175 but also on President Noynoy Aquino. The latter’s statement that a person should not worry about online libel if he or she is saying the truth reflects one of two things – either Aquino is not aware of how libel has been used to harass and intimidate those who dare speak up against the powers-that-be or he prefers the media and the public to just remain docile. Notwithstanding the SC’s declaration that online libel only covers the “original author” and not those who re-post libellous content on the Internet, the UP CMC finds no comfort in a situation where no less than the President of the country engages in either wishful thinking or outright deception.
In this context, the UP CMC repeats the earlier conclusion and calls to action: “RA 10175 clearly imposes unacceptable constraints on reporting and the shaping of public opinion through whatever medium which is the essence of responsible communication and journalism. UP CMC therefore joins the press and media community in calling for the immediate repeal of the Cybercrime Prevention Act of 2012 and encourages its faculty, students, staff, alumni and friends to lend their voices in opposing this repressive law.”
COLLEGE OFFICIALS
Dr. Roland B. Tolentino, Dean
Prof. Danilo A. Arao, Associate Dean
Prof. Maria Diosa D. Labiste, OIC, Graduate Studies Department
Dr. Jose R. Lacson, Jr., Chair, Communication Research Department
Prof. Lucia P. Tangi, Officer-in-Charge, Journalism Department
Prof. Jane Vinculado, Chair, Broadcast Communication Dept.
FORMER DEANS
Prof. Luis V. Teodoro
Dr. Nicanor G. Tiongson (professor emeritus)
FACULTY
Broadcast Communication Department
Prof. Josefina C. Santos
Ms. Ivy A. Claudio
Prof. Fernando Austria
Dr. Perlita Manalili
Dr. Eulalio Guieb
Communication Research Department
Prof. Christine R. Cox
Prof. Jacques DM. Gimeno
Journalism Department
Prof. Evelyn Katigbak
UP Film Institute
Prof. Sari Raissa Ll. Dalena
Prof. Jason Banal
Prof. Roy Iglesias
Prof. Eduardo Lejano
Prof. Robert Rownd
LECTURERS
UP Film Institute
Carlo Gabriel Pangilinan
Bryan Quesada
ADMINISTRATIVE STAFF AND REPS (14)
Teresita D. Santos
Jamela C. Tolentino
Fernando Borjal
Janette Pamaylaon
Gina Villegas
Israel Bufete
Armando H. Hirao
Jacqueline Manalo
Aaron Alexander Noel
Marianita P.Cinco
Rosalita S. Burlat
Norma V. Dampil
Rhonald D. Juanillo
Raquelita Bacarra
UNDERGRADUATE STUDENTS (59)
Ma. Celina Erika S. Alcantara
Carla Cucueco
Simone Dimalibot
Matthew Reysio-Cruz
James Gasara
Raphael Louis Hipos
Kiel Lim
Mariam Jayne Agonos
Maria Anjanette Lelis
John Dominic Rodriguez
Roselle Joya Torrecampo
Carmela Joyce A. Lansang
Karisha Cruz
Patricia Denise A. Singson
Edsel Brady Lim Uy
Alyssa Viquiera
Marnie James Marcos
Ylexis Kyle-Michael Rualo
Maera Bettina Someros
Jamie Lyn F. Loristo
Beata Carolino
Patricia Isabel O. Gloria
Josiah Gil Z. Hiponia
Reiou Regie Manuel
Jordan Charles De Guzman
Gelina Rose G. Bongon
Justine Alyssa A. Siscar
Diana De Mesa
Benedict Opinion
Kal Peralta
Marlon S. Nombrado
Vince Alvic Alexis F. Nonato
Maria Alexandra C. Austria
Toby Roca
Tamara Michal C. Natividad
Leandro Anton Castro
Pau Requesto
Almira Abril
Jethro Jamon
Raymond San Jose
Kaye Enriquez
Maria Carmela Sison
Anton Onato
Darlene Cay
Rosewell Kyla Palo
Mikhaela Dimpas
Karen Macalalad
Hazel Lobres
Malen Serato
John Edison T. Ubaldo
Raphael Rayco
Danielle Isaac
Paul John L. Garcia
Gerwin Tacadena
Divine Marie Joanne Endriga
Marian Manalese
Ian Panganiban
Guia Peralta
Alyssa Jean Alano
GRADUATE STUDENTS ASSOCIATION (3)
David Corpuz
Chona Rita Cruz
Neil Alcober