Gov?t preparing IRR of Cybercrime Law

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Presidential Spokesperson Edwin Lacierda said during the regular press briefing in Malacanang on Monday, Oct. 8, that the executive branch of government cannot suspend the implementation of the Cybercrime Prevention Act of 2012, which took effect on October 3. ?There were plans by the House and the Senate to issue a joint resolution but there has been no movement towards that. So, in the absence of any movement or any effort to suspend the implementation, we, as the executive branch are duty-bound to implement the law,? Lacierda said. The Department of Justice (DOJ) has set a meeting with the stakeholders on Tuesday, Oct. 9, for consultations regarding the drafting of the IRR. Lacierda said the government would not suppress the freedom of the press or freedom of expression and remains committed to uphold the civil liberties as guaranteed by the Constitution. The Cybercrime Law enacted by Congress to address the legitimate concerns about criminal activities on the Internet and the effects of abusive behavior, according to Lacierda. ?The law aims to protect the public against hackers who deprive anyone of access to the Internet or to suppress civil liberties as exercised online,? Lacierda said. He also said that the government has taken measures against hackers who have engaged in online vandalism, depriving the broader public of access to much needed government information and services online. Lacierda also noted that the government also recognizes the rights of the individuals who are maliciously maligned on-line. ?The subject of libel is already found in the Revised Penal Code. Never at any time did the Supreme Court rule that libel was unconstitutional,? he stressed. ?Bottom line is: Can one sue a person for libel on print, on radio, on TV and then exempt cyberspace if one writes something libelous? ?Yun lang naman talaga ang sinasabi ni Presidente,? he said. Meanwhile, a co-author of the Cybercrime Law in the House of Representatives said the people have the right to question the measure before the Supreme Court. “It is part of our country’s democracy that those who may have a grievance under the law may go to Court to seek redress. I respect their opinions and stand that they have a need to do so,” said Tarlac representative Susan Yap. She stressed, however, that she and her colleagues are standing by their decision to pass the law. According to Yap, RA 10175 was formulated with the aim of preventing the proliferation of cybercrimes and encouraging the development of an economy based on Information and Communications Technology (ICT). Yap said the individual right to privacy and the right to freedom of expression are not absolute and should always be tempered by the general welfare and co-existing rights of the many. ?Every Filipino will benefit from the enactment of the law, i.e. individuals, corporations, and governments who transact businesses, personal and institutional, electronically or online,? Yap said. Yap cited a recent online news article of CIDG chief Samuel Pagdilao Jr. stating, “The newly enacted law arms the police with a more resilient legal framework in going against foreign and domestic syndicates engaged in cybercrime.” ]]>

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