The difference lies in the venue of filing for the action, which in turn depends on the nature of the offended person. Libel committed on Twitter, Facebook, blogs, and other online content was made a more serious crime compared to printed libel because of to the newly approved anti-cybercrimes law or Republic Act … 4(c)(4) of R.A. 10175 states: “(4) Libel. The top five complaints received were online scams (366), online libel (240), online threats (129), identity theft (127), and photo and video voyeurism (89). The facilities of the mass media i.e print and broadcast media such as articles, news items, columns, caricatures, editorials in newspapers and magazines; comments, opinions, news aired over the television or radio stations b). Definition of libel. The Makati Regional Trial Court Branch 147 is handling her pending motion to quash the case. Ressa is accused of cyber libel for the second time for her tweet containing screenshots of a 2002 newspaper article about Keng's alleged involvement in criminal activities. NPR's Julie McCarthy reports. Veteran journalist Inday Espina-Varona, said in 2014 after the SC upheld the constitutionality of cyber libel, “The criminal nature of libel in this country makes it the perfect tool of harassment (short of murder, which has also taken out so many Filipino journalists).”, CMFR said, “The libel provisions of the RPC [Revised Penal Code] have been problematic for free expression and press freedom since 1932, when the RPC was implemented, primarily because of the penalty of imprisonment, which has been used in many instances to silence journalists.”, Back then, Presidential Spokesperson Harry Roque sang a different tune. They warned that the law will be used to stifle dissent and to harass not only government critics but also journalists and eagle-eyed netizens. It aims to address legal issues concerning online interactions and the Internet in the Philippines. The Regional Trial Court has jurisdiction on both libel and cyber libel. Then President Benigno S. Aquino III defended the signing into law of the controversial Republic Act No. Critics say the president has intentions to inhibit free press. In prosecuting the crime of libel or cyber libel, venue is jurisdictional. It comes just weeks after government regulators shut down a broadcast network relied on by millions for entertainment and information about the pandemic sweeping the country. Read: ‘Fight vs cybercrime law not over’ — netizens. What are needed to do so. Under the new law, the penalty is imprisonment for a minimum period of four years and one day to a maximum of eight years, per offense. Cyber-libel, comment threads, social media Since the Supreme Court declared cyber-libel constitutional, social media and the Internet have become rife with libel scares and threats. MANILA (UPDATE) - Rappler chief Maria Ressa on Tuesday did not enter a plea to to the conditional arraignment for the second cyber libel charge filed against her by businessman Wilfredo Keng.. Philippine laws punish libel: Art. Libel is one of the cybercrime offenses punishable under Republic Act (RA) 10175, or the Cybercrime Prevention Act of 2012 . FIGHTING ONLINE CRIME Online libel is the top cybercrime complaint in 2016, according to the Philippine National Police-Anti-Cybercrime Group The … November 23, 2018 at 7:25 am. Rappler's lawyers argued the statute of limitations on libel had passed. I don’t think that is the purpose of the law.”. 353. She has been a consistent critic of Philippines President Rodrigo Duterte.… The cyber libel charges against Ressa were made under a controversial cybercrime statute aimed at online offences, such as stalking and child pornography. She and a … Is it a new crime? Critics call it Duterte's revenge over Rappler's hard-hitting coverage of his administration, most pointedly his violent drug war. Ressa's counsel, Theodore Te, said they had agreed to a conditional arraignment while waiting for a decision on a motion to quash the charges. MARIA RESSA: This is the first. Among the cybercrime offenses included in the bill are cybersquatting, cybersex, child pornography, identity theft, illegal access to data and libel. 10175 or the Cybercrime Prevention Act of 2012 penalizes cyber libel. Yes, in the Philippines, libel is still a criminal offense. Cyber libel is committed in the same manner as libel except for the medium of its commission which is through a computer system or device. Unsolicited advertisements are legitimate forms of expression. Still, many provisions questioned were upheld as constitutional in a landmark decision in February 2014. / celr Thus, the penalty is prision mayor in its minimum period, which is from six years and one day to eight years and medium period, which is from eight years and one day to 10 years. Under Section 21 of the Cybercrime Prevention Act of 2012 (Republic Act No. On March 22, 2019, two radio broadcasters in Kidapawan City were convicted of online libel. For cyber libel, the venue is the province or city where any of its elements have been committed, where any part of the computer system used is situated, or where any of the damage caused to a natural or juridical person took place (Section 22, Implementing Guidelines of the Cybercrime Prevention Act). It truly is like waiting for another shoe to drop as we wait in fear of the sensitive and defensive government official who’s out … The … MCCARTHY: Ressa, 2018 Time's Person of the Year, is free on bail pending appeal, but the conviction of the crusader against disinformation is a fresh blow to press freedoms in the Philippines. Rappler CEO Maria Ressa speaks to the media on Tuesday outside a regional trial court before the arraignment in her second cyber libel case, in Makati City, the Philippines. 10175, or otherwise known as the Cybercrime Prevention Act of 2012 (“RA 10175”). On Monday night, November 4, 2019, RACU-7 also arrested Mary Grace Catapan, 31, and Jhallyn Gequillo Varga, 35, who allegedly defamed the wife of a judge in a group chat. The authoritative record of NPR’s programming is the audio record. If the posts are published and accessible in the … 10175 or the Cybercrime Prevention Act of 2012 penalizes cyber libel. Modern communication facilities such as through the internet or cellphones, CDs, DVDs b). Articles 353, 354, and 355 of the Penal Code. At that time, Bayan Secretary General Renato Reyes Jr. said, “This is a political and legal regression in terms of protecting free speech on the internet. But the pleas have fallen on deaf ears. Libel is “a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit or contempt of a natural or juridical person, or to blacken the memory of one who is dead.” (Art. — A libel committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means, shall be punished by prision correccional in its minimum and medium periods or a fine ranging from 200 to 6,000 pesos, or both, in addition to the civil action which may be brought by the offended party.The Cybercrime Prevention Act strengthened libel … I really love that I became a criminal all in one year several times. To keep up with the times, the Philippine Congress has enacted Republic Act No. It was a case of bad lawyering.”, Read: Cybercrime law to be used against critics, netizens, groups fear. 10175, also known as the Cybercrime Prevention Act of 2012. The number is almost 274 percent higher compared to the 34 cyber-libel cases filed in 2016. Accuracy and availability may vary. The potential for harassment suits against government critics is so huge under this law.”, Read: Cybercrime law takes effect October 3 amid broad protests, Read: Anti-Cybercrime law, an attack against freedom of expression, other civil rights, At least 15 petitions were filed against the controversial law before the Supreme Court. It is defamation in its very essence, but covers published work on print, television and other traditional media. Second, the crime of “Internet libel” is punishable by a penalty one degree higher than that provided for by the Revised Penal Code. 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