Groups push for cybercrime law repeal at Senate

MANILA, Philippines - Various sectors trooped to the Senate on Monday to push for the repeal of provisions under the Cyber Crime Prevention Act that imposes stiffer penalty for online libel, which some groups believe is an infringement of the freedom of expression.

Marnie Tuason, convenor and legal counsel of the Philippine Internet Freedom Alliance (PIFA), reiterated their opposition to the cybercrime law because it does not follow the human rights framework.

Tonson raised an issue on the mass surveillance of the populace, citing the phenomenon of former US National Security Agency contractor Edward Snowden.

Tonson noted that the Supreme Court ruling was promulgated on February 11, which was the global day against mass surveillance. “This is important to note because in 2013, we were put on notice by the declarations of Snowden that there is a five-eyes spy network already in place worldwide."

Tonson was among the resource persons at the joint hearing of the Senate committee on science and technology, and the constitutional amendments and revision of codes, and the civil service, and on finance.

“What is the concern of the Philippine government to the five-eyes network? Edward Snowden pointed to the Australian embassy as an active node in this 5eyes network, which means that they are spying on Filipino citizens,” Tonson said.

“Our problem in the law is that it places every netizen under surveillance. Even if the Philippine government would say that there are still no acts of surveillance being conducted, as stated by Snowden, we are already under surveillance by the five-eyes network,” Tonson said.

Tonson  said it will take a government official from the Philippine government to ask any of the five-eyes network countries, which include the United States, Australia, Great Britain, New Zealand and Canada.

“It is our concern that this type of cyber surveillance increase…  and will be promulgated by the IRRs of the cyber crime law,” he added.

“The human rights framework of PIFA emphasizes that the internet is a freedom of expression, it is an enabling human right. It means that it is a human right that opens human rights we have online and offline. These include rights to privacy and freedom of association,” Tonson added.

For his part, Department of Justice Assistant Secretary Geronimo Sy allayed fears that the government will be using its resources to conduct surveillance on its citizens.

“The fear on surveillance should not cramp the need for everyday law enforcement,” Sy said.

“The fear of surveillance should be tempered by very strict administrative checks, the exercise of oversights of agencies, that our NBI which is beside me, will not do things with special knowledge that has been specially given,” Sy added.

Sy revealed that when the law was originally crafted, there was no online libel provision. "So it bled our hearts, as TWG members pointed out, that for such as a technically simple and good piece of legislation that we end up having to defend it. We end up having to run with it."

On the question of compliance with international treaties and all the academic discussions, Sy explained that “these are all well and good as a matter of meeting our commitment as a good country.”

At the end of the day, Sy said the issue delves on law enforcement. “It is about it is the agent on the ground, the girl who is raped, robbery taking place, at the end of the day its about the enforcement issue."

The Supreme Court has already removed the sweeping provisions of the Cyber Protection Act. “That is already a clear legislative direction, equal footing as the highest court and jurisprudence on this matter,” Sy said.

It was lawyer Gilbert Andres, of Media Defense Southeast Asia, who stressed during the hearing that certain provisions of the cyber crime act would violate the International Covenant on Civil and Political Rights being monitored by the United Nations Human Rights Committee. Certain provisions on cyber libel also create a chilling effect among the country’s 35-million internet users, who most of the time express their sentiments online.