Magna Carta for Philippine Internet Freedom
Magna Carta for Philippine Internet Freedom | |
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Long title
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Bill citation | Senate Bill No. 53, Senate Bill No. 1091, House Bill No. 1086 |
Introduced by | Senator Miriam Defensor Santiago, Senator Paolo Benigno "Bam" Aquino IV, Representative Kimi Cojuangco |
Part of a series about |
Net neutrality |
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Topics and issues |
By country or region |
The Magna Carta for Philippine Internet Freedom (abbreviated as MCPIF, or #MCPIF for online usage) is an
.The Magna Carta for Philippine Internet Freedom was proposed as an alternative[1] to the Cybercrime Prevention Act of 2012 whose enactment was met with mixed reactions.[2] Proponents of the bill claim that the #MCPIF is the first crowdsourced bill in the Philippines.[1]
The bill did not pass when 16th Congress went on sine die May 24, 2016. Harry Roque filed the bill as House Bill No. 0666 during the 17th Congress.[3] The bill also did not pass when the 17th Congress went on sine die on May 27, 2019. No legislator had filed the same on the 18th Congress.
Cybercrime Prevention Act of 2012
Definition, summary, and history
The Cybercrime Prevention Act of 2012 (officially filed as Republic Act 10175) is an ICT law that provides legal definitions, provisions, and penalties for offenses ranging from
Online debates and campaigns against the law influx, even making it to social media. The hashtag #NoToCyberCrimeLaw started to trend as common internet users became vocal of their opposition and apprehensions towards the law.
Early in October 2012, several Philippine government websites such as the Official Gazette, the Senate, and even Senator Tito Sotto's website were targeted by members of the
A total of 15 petitions has been filed against the Cybercrime Law at the Supreme Court. On October 9, 2012, the high tribunal of the Supreme Court has issued a temporary restraining order (TRO) on the Cybercrime Prevention Act of 2012.[5] The TRO initially suspended the entire law for a period of 120 days, but the Court later decided to extend the TRO indefinitely while the justices were working the case.[6]
On May 24, 2013, The Department of Justice announced that the contentious online libel provisions of the law were being pushed to be dropped alongside other pending revisions as it awaited the Supreme Court's ruling on its legality.[7]
Precedents to the anti-cybercrime law
Electronic Commerce Act of 2000
Prior to this law, the Electronic Commerce Act of 2000 (RA 8792) was enacted to acknowledge that aside from the Article II, Section 24 of the 1987 Philippine Constitution providing that, "The State recognizes the vital role of communication and information in nation-building," information and communications technology was emphasized as an up-to-date addition in the Section 2 of the act which declares,"The State recognizes the vital role of information and communications technology (ICT) in nation-building; the need to create an information-friendly environment which supports and ensures the availability, diversity and affordability of ICT products and services..."
There were 4 punishable acts in the law:
Consumer Act of the Philippines
The law was designed to prevent businesses from engaging in
The Consumer Act also provided a set of regulated standards for production, distribution, trade, and promotion applicable to traditional media, which can be accessible online.
Anti-Child Pornography Act of 2009
The Anti-Child Pornography Act of 2009 (RA 9775) was also a relevant precedent to the law as it was integrated in it to provide a more outlined definition of actions that will be punishable by law. Section 52 of the MCPIF places limits on certain types of speech “inimical to the public interest” where child pornography is filed under.
RA 9775 contains provisions protecting the right to privacy of the child through non-disclosure of his/her identity as well as duties and responsibilities of individuals and groups.
Those applicable under the MCPIF state that
People vs. Luisa Pineda
The
Limitations, criticisms, and need for a magna carta
The Cybercrime Prevention Act of 2012 was condemned as a threat to freedom of expression on the internet, the media, and
Critics such as student protesters associated the law to the anti-piracy law of the United States that had recently failed the previous year. The failed laws includes the
These critics do agree that the law would empower the government to suppress cybercrime offenders such as hackers, data thieves, and cybersex offenders. The law was also further criticized of imposing limitations on freedom of expression and freedom of the press, directly violating Article III, Section 4 of the 1987 Philippine Constitution, through the inclusion of online libel as a crime in the passed law. This includes any person who criticizes other persons such as politicians, actors and actresses, and other people online in the forms of posting in social media site such as Facebook or blogs, and the like.[10] The law also included a provision giving the act of online libel a punishment of one degree higher than libel in any other traditional media, making imprisonment for offenders to 12 years compared to the 6 years for libel in traditional media platforms. Online news organization are also susceptible.
Background
Miriam Defensor-Santiago
Santiago argued that the Cybercrime Law was unconstitutional due to its vagueness that could be abused to harm netizens. She further claimed that the law violates the right to privacy and protection against illegal searches.[12]
To resolve this, Santiago envisioned a new bill, the Magna Carta for Philippine Internet Freedom, to define and penalize cybercrime through backing from crowdsourcing of netizens. She claims the MCPIF will protect the rights and freedom of expression of the netizens since the proposed bill does not give the government too much power unlike the Cybercrime Prevention Act. Furthermore, it ensures that the government maintains development accordingly to information technology's advancement.[13]
With the MCPIF, Santiago became the first senator who has passed a law that was “crowdsourced” through discussion in social media such as Facebook, Twitter, and
Process
In response to the signing into law by
In the 16th Congress, Senator Santiago re-filed the Magna Carta for Philippine Internet Freedom in the Senate as Senate Bill No. 53[21] on July 1, 2013.[22] On July 4, 2013, Representative Kimi Cojuangco[23] of the 5th District of Pangasinan filed a counterpart bill in the House of Representatives as House Bill No. 1086.[24] The bill has passed first reading in both chambers of the Philippine legislature.[24][25]
On July 24, 2013, Senator Paolo Benigno "Bam" Aquino IV filed a version of the #MCPIF, "enhanced with a 'Free WiFi' provision"[26] as Senate Bill No. 1091.[27][28]
In the Philippine Congress, the crowdsourced bill the first reading in both chambers. MCPIF is based on 4 main points: rights, governance, development, and security. In March 2014, Pierre Tito Galla headed the Senate opening statement and supported its structure, which gave specific details on
The MCPIF calls to repeal the Cybercrime Prevention Act and create an Office of Cybercrime within the Department of Justice to enforce this law.
Contentions and support from external parties
Journalists see the MCPIF as a mirror to the Magna Carta for Journalists Bill (HB 2550), which is condemned by media groups such as the National Union of Journalists of the Philippines (NUJP). HB 2550 is unable to protect the lives, welfare, and safety of journalists due to the limitations in its provisions. It is also used as a tool to over-regulate the media.[29]
The International Federation of Journalists (IFJ) was also against the MCPIF, saying that it is far less useful than the pending Freedom of Information bill (FOI). According to the organization, "If politicians in the Philippines truly want to emulate the Magna Carta then they should focus more on the public’s right to know by passing the long-delayed Freedom of Information Bill and other measures that allow media keep their communities informed".[30]
Other online groups such as Democracy.Net.PH has actively voiced out the need for MCPIF's approval as it claims that it believes that MCDPIF is the cornerstone towards "progressive legislation on Philippine cyberspace and the information and communications technology (ICT) sector" as it urges more legislators to continue in pushing the bill.[31] The ProPinoy Project also voices out that the MCPIF is an avenue to exercise democracy as it takes account for the people's rights and wants.[32]
There have also been notable individuals who have posted online and created a stir what netizens would think and feel on certain issues. For this M.R.J. Marisigan's blog, the author commends MCPIF but notes holes such as the covering of cyberbullying is not afforded to those beyond elementary as they do not fall under the Anti-Child Bullying Law, "Thus the MCPIF in decriminalizing libel would strip protection and deterrence against such kinds of occurrences."[33]
Gaps addressed by the MCPIF
The late Senator
Santiago further states the limitations of RA 10175 as it "violates the right to privacy and the Constitutional guarantee against illegal search and seizure through allowing the warrant-less real-time collection of traffic data. In contrast, the MCPIF ensures due process by providing strict guidelines for any collection of any data, including the securing of warrants, obligating notification, and limiting seizure to data and excluding physical property."[34]
Santiago and other supporters claim that there is a dangerous 'takedown' clause of RA 10175 where the government has the authority to have a website or network blocked or restricted without due process of law which is absent in the MCPIF. "My bill specifically provides for court proceedings in cases where websites or networks are to be taken down, and prohibits censorship of content without a court order," said Santiago.[34]
The MCPIF also prohibits
The MCPIF clarifies not just cybercrime law itself, but also its enforcement through the proposed Department of Information and Communications Technology (DICT). The DICT is prepared alongside law enforcement agencies, and the military with provisions for handling cybercrimes such as amendments to the AFP Modernization Act that ensure ample weapons and defenses against cyberattacks by terrorists, violent non-state actors, and rogue or enemy nation-states and mandates on the Philippine National Police and the National Bureau of Investigation to combat cyberterrorism.[34]
Santiago also stated that the bill generally enables the Philippines to develop nationally alongside the realities and advances in ICT by harnessing its potential through ensuring government agencies and its laws move accordingly to the growth.
Provisions
Part 1 “General Provisions”
Contains the policy framework of the Magna Carta for Philippine Internet Freedom
Section 1 contains the formal name of the Magna Carta.
Section 2 shows that the content of the Magna Carta still falls under the Philippine Constitution and briefly discusses the purposes that the state expects information and communications technology in the Philippines will serve. These include: government transparency and public participation in government activities; information propagation for the improvement of life; and the creation of art and development of culture. It also touches on the internet's capability to affect international relations and the State's recognition of its role to make sure internet use still complies with these relations.
Part 2 “Definition of Terms”
Contains one section stating that, when possible, definitions of terms used in the bill shall be adopted from those established by the
Part 3 “Internet Rights and Freedoms”
Codifies a Bill of Rights for Filipino internet users. This also discusses the securities afforded to them under State jurisdiction.
Sections 4 to 7 talk about individual rights regarding the internet and electronic devices.
Sections 4 and 5 discuss the rights to
Section 6 talks about the right to control access to devices under one's ownership, while Section 7 looks into freedom of creativity on the Internet.
Sections 8 to 13 discuss security.
Sections 8 and 9 promote
Section 13 highlights the use of the Internet in
Part 4 “The Department of Information and Communications Technology”
Establishes an executive department for purposes of Philippine information and communications technology policy, ICT4D, internet governance, and e-governance. This part also discusses other offices that assist this department with its responsibilities.
Sections 14 to 19 focus on the department itself, discussing its objectives, powers, composition, the responsibility of its head and the department's capability of putting up regional offices.
Section 20 seeks to ensure that the department keeps its performance in check by submitting a periodic performance review.
Sections 21 to 27 introduce other organizations that aid the department in carrying out its duty which include: the Council of Chief Information Officers; the National Telecommunication Commission; the National Data Privacy Commission; the ICT Legal Affairs Office; the Telecommunications Office; the National Information and Communications Technology Institute; and the Official Gazette.
Section 28 seeks to assure that the reorganization of the government to accommodate these groups is under Constitution.
Sections 29 to 32 detail the manner of organization of the personnel under the department.
Part 5 “Regulations for the Promotion of Internet Rights and Freedoms”
Reiterates the compliance of the Philippines to
Section 33 declares the Magna Carta's compliance with international treaties and conventions.
Section 34 declares the state as the primary duty-bearer with regard to Philippine Internet regulation, and lists the duties regarding this in
Section 35. These duties include: cybercrime law enforcement; cyberdefense and national cybersecurity; the development of skills, resources and technology for ICT technology; education related to ICT; and intellectual property rights in cyberspace.
Sections Section 36 to 42 discuss the changes made to the Constitution to accommodate the Magna Carta. These include amendments to: the Public Telecommunications Policy Act of the Philippines; the
Part 6 “Cybercrimes and Other Prohibited Acts”
Part 7 “National Cybersecurity, Cyberdefense, Counter-Cyberterrorism, and Counter-Cyberespionage”
Part 8 “Penalties”
Parts 6, 7, and 8 define Philippine cybercrimes and penalties, competent law enforcement agencies, special cybercrime courts and their jurisdictions, and
Part 9 “Implementing Rules and Regulations”
Part 10 “Final Provisions”
Detail the implementation of the Magna Carta for Philippine Internet Freedom and provide the final provisions for putting it into effect.
Part 9 itself focuses on the implementation. This covers implementation of the Magna Carta for cybercrime law enforcement, ICT education, ICT research and development, and rules and regulations for periodically reviewing the implementation.
Part 10 details the concrete instructions to the government for starting the implementation of the Magna Carta, such as appointing a head and preparing initial funding. This part also includes clauses for the Magna Carta's separability from the rest of the Constitution, the repealing of unmentioned laws inconsistent to it and the start of its effectivity.
Implications and application
On crowdsourcing
As one of the first crowdsourced bills in the country following the Crowdsourcing Act of 2012, the Magna Carta for Philippine Internet Freedom has been perceived as a success by various civil states in terms of
On libel
With its implementation,
A better future for internet in the Philippines
Given its wide acknowledgment from various organizations, legislators, and states, the hopes and expectations for the MCPIF are high. As of 2013, 37% of the population gains daily online access.[37] As this number continues to grow, repercussions resulting from various online behaviors will continue to increase as well, and Philippine legislators will have to boost policies and laws to address the effects of the internet to the population. With the MCPIF and its four pillars namely rights, governance, development, and security at hand, the Philippines can expect a more stable future in terms of the consumption of new media. With its implementation, online consumers can expect a guarantee in both their online and offline rights. The MCPIF also promises a more open governance especially in ICT-related policies, a more sustained development towards ICT as a vessel towards a more progressive economy, and lastly, a more solidified security system that protects its citizens from outside threats on the internet.[37]
References
- ^ a b c d VERA Files (January 21, 2013). "The Wisdom of Crowds: Crowdsourcing Net Freedom". Yahoo News Philippines. Retrieved September 26, 2013.
- ^ Cybercrime Prevention Act of 2012#Reaction
- ^ "AN ACT ESTABLISHING A MAGNA CARTA FOR PHILIPPINE INTERNET FREEDOM, CYBERCRIME PREVENTION AND LAW ENFORCEMENT, AND CYBERDEFENSE AND NATIONAL CYBERSECURITY" (PDF). House of Representatives of the Philippines. Retrieved February 4, 2022.
- ^ "Global Anonymous Attack Philippine Gov't Websites". Retrieved April 13, 2017.
- ^ "Supreme Court issues TRO vs Cybercrime Law in unanimous vote". Retrieved March 31, 2017.
- ^ "SC extends cybercrime law TRO Indefinitely". Retrieved March 31, 2017.
- ^ "DOJ working to drop online libel from cyber law". Retrieved March 31, 2017.
- ^ Laqui, Ian (February 26, 2024). "SC imposes jail term, P2M fine on child 'pornographer'". The Philippine Star. Retrieved February 26, 2024.
- ^ "SC Sentences Child Pornographer to Imprisonment and PHP2 Million Fine". Supreme Court of the Philippines. February 26, 2024. Retrieved February 26, 2024.
- ^ .
- ^ "Sen. Santiago files 'Cybercrime Law v2.0'". Retrieved March 31, 2017.
- ^ "Sen. Santiago files 'Cybercrime Law v2.0'". Retrieved March 31, 2017.
- ^ "Santiago proposes Magna Carta for Internet". Retrieved March 31, 2017.
- ^ Gov.PH. "Republic Act No. 10175". Official Gazette of the Republic of the Philippines. Retrieved September 26, 2013.
- ^ "Netizen Report: Magna Carta Edition". Global Voices Advocacy. August 16, 2013. Retrieved September 26, 2013.
- ^ "Democracy.Net.PH". Democracy.Net.PH. July 12, 2013. Retrieved September 26, 2013.
- ^ ANC Alerts (October 27, 2012). "Magna Carta for Philippine Internet Freedom pushed". YouTube. Retrieved September 26, 2013.
- ^ "Senate Bill No. 3327" (PDF). Senate of the Philippines. Retrieved September 26, 2013.
- ^ "Press Release - Magna Carta for internet freedom to replace Anti-Cybercrime Law - Miriam". Senate of the Philippines. Retrieved September 26, 2013.
- ^ "Senate Bill No. 3327". Senate of the Philippines. Retrieved September 26, 2013.
- ^ "Senate Bill No. 53" (PDF). Senate of the Philippines. Retrieved September 26, 2013.
- ^ "Press Release - After the RH Law: Magna Carta for Internet Freedom is Miriam's new pet bill". Senate of the Philippines. Retrieved September 26, 2013.
- ^ "Representative Kimi Cojuangco (5th District of Pangasinan)". House of Representatives of the Philippines. Retrieved September 26, 2013.
- ^ a b "House Bill No. 1086". House of Representatives of the Philippines. Archived from the original on September 27, 2013. Retrieved September 26, 2013.
- ^ "Senate Bill No. 53". Senate of the Philippines. Retrieved September 26, 2013.
- ^ Democracy.Net.PH (August 29, 2013). "Democracy.Net.PH Marks First Anniversary of the Drafting of the Magna Carta for Philippine Internet Freedom (#MCPIF)". Democracy.Net.PH. Retrieved September 26, 2013.
- ^ "Senate Bill No. 1091" (PDF). Senate of the Philippines. Retrieved September 26, 2013.
- ^ "Democracy.Net.PH pushes for Magna Carta for Philippine Internet Freedom". Sun.Star. Retrieved September 26, 2013.
- ^ "The Philippine Cybercrime Prevention Act of 2012: To Protect or Destroy?". Retrieved March 11, 2017.
- ^ "The Philippine Cybercrime Prevention Act of 2012: To Protect or Destroy?". Retrieved March 11, 2017.
- ^ "Statement on the filing of the Magna Carta for Philippine Internet Freedom (Senate Bill No. 53)". Retrieved March 17, 2017.
- ^ "Why there should be a Magna Carta for Philippine Internet Freedom – The ProPinoy Project". Retrieved March 17, 2017.
- ^ "A Look Into the Magna Carta for Philippine Internet Freedom". May 6, 2014. Retrieved March 17, 2017.
- ^ a b c d "Senate of the Philippines Press Release". Retrieved April 10, 2017.
- ^ "European Citizen Action Service" (PDF). Retrieved April 10, 2017.
- ^ "Philippine Inquirer Opinion". Retrieved April 10, 2017.
- ^ a b "The Pro Pinoy Project". Retrieved March 15, 2017.
External links
- Full text of the Magna Carta for Philippine Internet Freedom at the Philippine Senate
- Democracy.Net.PH, the drafters and convenors of the MCPIF