ASEAN Regional Coalition to #StopDigitalDictatorship
outside of the digital space; it entails a maximum
In 2013, the cyber libel provision within the Cybercrime
period of prisión correccional–which ranges from
Act had its constitutionality challenged by 15 groups
four years, two months and one day to six years–and
of petitioners at the Philippines High Court. Two years
a minimum period of prisión mayor, i.e. from six years
later, the Supreme Court dismissed the challenges,
and one day to eight years. The use of information
ruling that the cyber libel provision, as well as most
and communications technology or infrastructure in
other provisions contained within the Act, were indeed
the commission of the crime determines the severity
constitutional.13 The Supreme Court decision stirred
of this penalty. As held by the Philippines Supreme
controversy and has been contested by human rights
Court in Disini et al. v. The Secretary of Justice et al.,
advocates, who note that – much like the crime of
“[by] using [the] technology in question, the offender
offline defamation – penalties prescribed for cyber
often evades identification and is able to reach far
libel are overly broad, and could affect the right to
more victims or cause greater harm.”
freedom of expression and access to information.
“
12
Initiatives have been taken to push for the
decriminalisation of libel. Representatives from
The criminalisation
of journalists for
libel impedes public
interest reporting and
is incompatible with
the right to freedom
of expression.
Criminal libel law
has no place in a
democratic country
and should be
repealed.
14
- Irene Khan, UN Special Rapporteur
on the promotion and protection of
the right to freedom of opinion and
expression
218
the Makabayan Bloc in Congress, for instance, filed
House Bill No. 1769, which includes the repeal of
several provisions in the RPC. According to the
authors of the bill, “the repeal of the libel law, without
derogating the right of a person to enjoy privacy,
dignity, good reputation and a peace of mind, will be
a big step towards democracy in [the Philippines].”15
The bill remains pending at the Committee on
Revision of Laws. Moreover, newly elected senator
Raffy Tulfo who was targeted by several libel cases,
stated that one of his priority bills will deal with the
decriminalisation of the act.16 No such bill has been
put forward to date by Tulfo and his position is that it
is okay to decriminalise libel but it should only apply
to practitioners from established news organisations
who practise code of ethics and editorial standards.17
Sedition Under the RPC and Anti-Terror
Law to Stifle Dissent
Incitement to sedition is a crime under Article 142
of the RPC. It penalises those who “incite others …
by means of speeches, proclamations, emblems,
cartoons, banners or other representations.”18 Article
154 penalises a range of online speech categories,
notably “any person who by means of printing,
lithography, or any other means of publication shall
publish or cause to be published as news any false
news which may endanger the public order, or cause
Dawn of Digital Dictatorship: Weaponizing the Law Against Online Speech in Southeast Asia
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