Sen. Blas F. Ople
My grandfather once told me this:
Umiikot ang mundo, hindi puwede nakatayo lang tayo dito.
I’ve used this quote in almost all of the speaking engagements I’ve done about New Media, Social Media, and Digital Marketing in the last 5 years. As I write this entry though this quote has so much more significance. Why? Because a few days ago President Aquino signed into law Republic Act No. 10175, otherwise known as the Cybercrime Prevention Act of 2012.
Photo via tioharimrtie.blogspot.com
HOWEVER
According to Raissa Robles in the third reading of the bill in the Senate, Senator Sotto inserted Libel as one of the punishable acts sometime in January. Nobody talked about it much since this happened during the peak of the Corona Impeachment Trial. I totally forgot that this happened and I remembered it only after reading Raissa’s post. Here’s how it was written on Section 4:
“the unlawful and prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future.”
What happened here? They literally applied a vague 80-year old provision in the penal code that affects how we are currently using and consuming technology, digital communications, and media. Our existing Libel law is so dated that even the United Nations Human Rights Committee said that it was excessive. If you piss off the wrong people and you don’t have the resources to fend off a libel case, you can get jailed for up to 6 years. While I am not against holding people accountable to what they say online, the imminent threat of getting imprisoned for bloggers and social media users is bordering on virtual martial law.
I feel frustrated and angry…
… because I felt that several Senators decided to vote for the bill because they knew that the larger picture here were the provisions that would address Child Pornography, Cybersex, and the other real threats. In a way I think the real benefits and spirit of the Cybercrime Act were held hostage for the sake of just passing it with Libel included.
With all due respect Senator Sotto,
I am really disappointed in you and I disagree with your recent actions.
I know it’s pointless to get into a debate with you or just publicly rant here but there are a few things I can do. First, I will be praying for you and the rest of the Senate. I will be praying for more wisdom, blessing, grace, and the spirit of discernment to constantly be with you. Secondly, if there’s one thing I learned from my grandfather, it’s the value of education. With this in mind, let me offer, at no charge, a free workshop for you, your team or any other Senator about social media and digital communications. I’ve been in digital marketing for more than 5 years now and I think there’s so much information and value I can share with you. I will also invite the very best in our industry to be there to share top practices and in-depth insights.
Lastly, I would like to give you advice and pass on wise words that a great man once told me.
Umiikot ang mundo, hindi puwede nakatayo lang tayo dito.
Senator, you said in one of your speeches that your critics hid their identities and that they were faceless. Let’s address that. My photo randomly appears at the top of this blog, my name is Carlo Ople, and I would love to have coffee with you. Call me maybe? 
Yet another stunning display of intellect and self-preservation by our good senator.
Did he insert the libel provision before, during or after his now infamous rant against bloggers and other concerned citizens?
i totally agree with you, carlo. it’s so ironic that something so dated is going to be used in a law that addresses the modern technology. that part of the law is so wrong.
call me maybe is the kicker, though.
Senator Sotto inserted inserted:
“the unlawful and prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future.”
… so he can continue on doing his plagiarizing-tagalizing tactics so he can prevent smart social media people from making a noise out of it…
Tito Sotto is out!
Hi Carlo,
You may want to read this link: http://sc.judiciary.gov.ph/circulars/2008/jan/admin%20circ%2008-2008_libel.pdf
As far as I know, the standing policy of the court in libel is to simply impose the penalty of fine instead of imprisonment. While this circular does not specifically remove imprisonment, fine and not jail is “preferred” (save for very extreme and very malicious cases where the penalty of imprison is and can be rightfully imposed).
Some people will, admittedly, attempt to harass bloggers or media practitioners using this law. May they also be informed of this so they could not be pressured.
From my perspective, while I agree with you that there are no compromises in the protection of our freedom (of speech), there must also be a clear rule against delictual and damaging consequences of the abuse of this right. In other words, let us not also condone cyber-bullying. This measure may also be apt for that. Just my opinion.
hay nakoh wala nga silang naiintindihan sa blogs and how the internet works and they inserted a stoopid online libel in the cybercrime prevention act mga bobong mga lawmakers natin lalo na si sotto . anong faceless eh most of the bloggers nakabalandra ang mga mukha sa kanilang mga blog laluna pag may artista o sikat na personality silang kasama sobrang proud na may litrato sila kasama ng artista. pwede ba tigilan tayo ng sotto na yan napakatanga nagmamarunong . hay nakoh sarap tirisin.
the criticisms and reactions made by the bloggers were not against his so called “opinion” or shall I say plagiarize or copied argument…but it was a reaction because he copied it…Sotto, used this as his advantage.
+1, You should add the Senator’s Staff to your workshops .. They might learn a thing or two ^^
Here here! Got a phone call last night and was asked about the passing of the bill. It’s very politically driven.
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Hi Carlo, how have you been?
There is a growing movement around the world to decriminalize libel laws, and instead, convert them into simple civil suits for damages. In this light, our new cybercrime law seems like a huge step backwards.
But until that law is eventually repealed, here are a few things which bloggers should keep in mind to protect themselves:
1) There are two ways to commit libel: (a) by publicly imputing that a person has committed a crime; or (b) by publicly imputing that a person has a vice or defec or has committed an act (or omission) which is NOT a crime but tends to cause dishonor or contempt.
2) Libel can be comitted against a corporation (or any other juridical person) as well as dead persons (to preserve their reputation).
3) In a public imputation of a crime, the truth of the crime is a defense.
In a public imputation of matters other than a crime, the truth is not considered a defense UNLESS the defamed person is a government employee with respect to facts related to the discharge of his duties.
4) Malice is an essential element of Libel. The key defense to any libel suit is the good motives and intentions of the writer. I therefore urge all bloggers to be more circumspect in their writing and to be sure to include disclaimers when writing about someone.
A good disclaimer would look like this: “Some people would say that Sen. Tito Sotto III is a plagiarist” or “It could be argued that Sen. Tito Sotto III is a plagiarist.” or “I have heard people call Sen. Tito Sotto III a plagiarist, and I agree.”
Hi Rob! Thanks for the feedback and the input. I should probably use that disclaimer, haha!
Hi Ryan! Thanks for the input. I agree with you that there should still be something that will protect the rights of others online. I don’t necessarily agree though that expending libel into the digital realm is the right solution. I guess the best thing we can do for now is to wait for the IRR.
Thank you very much all the above!
Implementing Cyber crime law is very huge topic in the democratic countries like Philippines. I hope that it won’t be approve by supreme court.
In the draft of Cyber crime law it seems like message to everyone to be more “professional in blogging or comment to someone else out there that users habit to leave unethical words or they are unaware what they say via internet without realizing all blogs positive or negative is very helpful. so please always say thank you.
I heard that Sen. Tito Sotto 111 is “plagiarist” i agree with that.