(UPDATE) SC declares law on online libel constitutional
MANILA, Philippines (Xinhua) - The Supreme Court (SC) today declared constitutional several provisions in Republic Act 10175 or Cybercrime Law including the one that penalizes online libel.
Supreme Court spokesman Theodore Te told reporters in a press briefing that the online libel provision in the Cybercrime Law is constitutional with respect to the original author of the post.
The High Court, however, did not allow penalties for those who simply receive the post or react to it.
The SC also declared constitutional a provision on aiding or abetting in the commission of cybercrime such as illegal access, computer-related fraud, computer-related identity theft, and cybersex
The High Court, however, declared unconstitutional the power of the Department of Justice to take down computer data.
Other provisions that were ordered scrapped by the SC for being unconstitutional are those that pertain to penalties for posting of unsolicited commercial communications and that which authorizes the collection or recording of traffic data in real-time.
Te said petitioners are allowed to file a motion for reconsideration before the SC.
With the ruling, Te said the temporary restraining order (TRO) issued by the SC against the implementation of Cybercrime Law is automatically lifted.
The SC extended indefinitely the TRO on the implementation of the Cybercrime Law before the 120-day TRO lapsed on Feb. 6 last year.
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