The National Union of Journalists of the Philippines alerted the media community on three legislations: Sen. Edgardo Angara’s Senate Bill 2965, An Act Protecting Individual Personal Information in Information and Communications Systems in the Government and the private sector; House Bill No. 5808, or the Cybercrime Prevention Act of 2012; and House Bill 5831 which proposes the amendment of Article 359 of R.A 3815, the Revised Penal Code.
Angara’s SB 2965 also seeks to create a national data protection commission.
Section 30 (Breach of Confidentiality) of SB2965 provides: The penalty of imprisonment ranging from two years and four months to five years and a fine not less than P500,000 but not more than P2 million shall be imposed in case of a breach of confidentiality where such breach has resulted in the information being published or reported by media. In this case, the responsible reporter, writer, president, publisher, manager and editor-in-chief shall be liable under this Act.”
NUJP said the provision clearly intends to prevent journalists from performing their duties of delivering timely, relevant and accurate information to the public in the service of the people’s right to know.
“While we agree that the privacy of citizens should be protected, we are concerned that, especially in the wake of the historic impeachment trial of Renato Corona, those who live in mortal fear of transparency might twist this measure into providing more cover for the fortunes they have amassed through crime and corruption,” NUJP said.
This is deplorable after hearing senator after senator explain their vote to convict Corona as their commitment to transparency and accountability in public service.
At the House of Representatives, House Bill No. 5808, or the Cybercrime Prevention Act of 2012 was passed on third and final reading.
The bill seeks to define and penalize cybercrime offenses committed in the country, including a controversial provision that criminalizes online defamation.
Kabataan Partylist Rep. Raymond Palatino said the bill seeks to widen the scope of libel as a criminal offense which he considers “a step backward in the ongoing fight of various media and free expression groups to totally decriminalize libel.”
He warned that some provisions of the bill could be prone to abuse and could be used to “censor online content or to harass critics of the government.”
“The bill, if passed into law … can be a weapon of abusive politicians and corrupt corporate bosses against netizens who wanted to expose the truth about their illegal activities,” he added.
There’s also House Bill 5831, authored by Marinduque Representative Lord Allan Jay Velasco, which seeks to raise by 80 per cent the penalties for libel, slander and “intriguing against honor.”
Velasco, who chairs the House Committee on Constitutional Amendments, said that other than the raised fine, the bill also seeks to impose the penalty of arresto mayor in its maximum period to prision correccional in its minimum period, depending on the nature of the violation.
NUJP said those who would seek to silence the independent Philippine press apparently are not contented with the growing body count of murdered journalists and media workers, they still want to “erect a wall of silence and onerous penalties around the profession of truth-telling.”
NUJP finds it lamentable that “ this has been taking place even as Congress continues to twiddle its thumbs on the Freedom of Information and the libel decriminalization bills and without the sector that would be most affected by these measures – the press – and, by extension, the public it serves being informed.”
NUJP demands that any and all attempt to enact legislation that will narrow the parameters of press freedom, of freedom of expression and of the people’s right to know be immediately withdrawn or subjected to open and transparent amendments, with the full participation of all those who might be adversely affected by such measures.
Oh wow… Nothing wrong with the bill at first glance. In fact, it is important to safeguard personal/private details.
On the other hand, government must be transparent and relevant info that will enforce government (across the board) transparency should be made available to the citizens of the Republic.
It would be good if the state has a kind of national official legal journal that publishes laws everytime they are passed, presidential directives and guidelines and all sorts of treaties, agreements, etc., entered into by government, including all expenditures by the different branches of government… It can be done.
Most countries in Europe have one which is regularly updated (monthly) and published publicly for every single citizen to consult.
There is no reason to keep pertinent information on the activities of the government (and its finances) from the public if it is legit (except, of course, national security sensitive information.) On the contrary, it is one way to destroy systemic corruption in government.
Funny that libel has been de-criminalised in many countries in Europe but in Pinas, politicians seek to up the ante.
http://www.taylorwessing.com/uploads/tx_siruplawyermanagement/IP_Defamation_and_privacy.en.pdf
To attain,or making the Philippine Great Again, it is high time the leaders of the Nation be on the “Red Alert” of “transformation”. Everyone of them should aim for their History and good work as public servants..There, life stories as public officials will make them “Great or Bad and Ugly”, and the future youth of generations will values and learn their true intentions in serving the country in any positions they have occupied..They have to stand up to the call or ” Waiver Challenge” as step to transfiguration, the real Hope for a change..
Citizens privacy is already guaranteed in the Constitution bills of Rights…the rights not to be subjected to Unreasonable Search…any violation of that right is not admissable as evidence to the crime in the court of law. so what is the fuss of these lawmakers about being scared to have the Access to Infos act? It is still subject of guarantee to privacy and confidentiality of personal records and if doubt, courts permission still required. FOI does not mean that anyone can just take a peek at say my health records or my bank records that are not supposed to be public, but can request access to records that are in government books, businesses records, contracts or any of government transaction except as provided by law that concern with National Security and foreign affairs.
Another Cabinet Minister of the Federal Govt. was caught overspending in her travelling after the Media request access to her expense records and was force to re-imburse and immediately measures put in place to avoid the same from being repeated by any cabinet member…FOI NOW.
What the heck is this? The people who are representing us are making laws against us? Against our interest?
Enrile and the senators are crowing about their heroic decision in the Corona trial. Let them be reminded that ultimately it was the media and the social networks who formed public opinion which forced them to decide the way they did.
But now our representatives have learned their scary lesson. They are surreptitiously planning to tie media’s hands. Put up a more difficult obstacle course. Punish more those who would report on their hidden misdeeds.
The fight continues. These representatives are most of them representatives of themselves and their families.
This calls for more active public participation and campaign against the Congressmen and Senators who authored and are in favor of this bill. It would not be such a bad idea for media to interview these people so we get to know their names and faces early.. before elections next year.
Angara, isa yan sa mga senador na gusto ng palusotin si Corona sa kung ano pa mang kaso na maaring isampa ng Ombudsman.
So, kung ano pa mang kabobohan ang gawain ng mga senador na ito, maghari-harian sa ngalan ng ‘compassion,’ sakaling i-critisize mo at sabihan ng kung anong salita na sabihin nilang libelous, yari ka na!
Again, do we really believe Corona would have been found guilty without the media and the resulting public opinion pressure on the senators?
If we don’t support media in this issue, the Gloria and Corona clones will multiply like rats. And graft and corruption will again rise and rock this country like it has never been rocked before. Gloria and Corona will look like angels after the impunity rises to new highs.
# 7, agree !..Without the media and the ” public opinion ” via cyberspace, interaksyon, newspapers, and other means “, I am sure Renato Corona had the chance of being Acquitted. Many wanted to become heroes, and fame instantly, and it is the “media” who brought chances for them to be known, all over the world. This is common sense, and I think five (5-7) Senators took the chance !..Another venue of getting known, re-elected,and self-serving ???…It is only them who knows, but, the public opinion-perceptions knew !….It seems,was about “read my words and body languages “. But, the other one was overacted-rated and found a different route of criticism, instead of positive, turns to be negative and created more enemies..The media and public opinion, as far, as I am concern, Senators followed the rightful decision instead of acquittal. It was a 50/50 power play, between the IC and the role of the Media, plus the opinions of the common-Tao..Without the later powers, could had been possibly, 80/20 or 70/30 (IC can cling to the high figure)..
Media, indeed, is a potent force in any system of government.
And we need a credible media. But not all media is credible. So it helps that there’s the social media and blogging sites where the ordinaryong tao can create his news and express his opinions.
Ellen, thanks for this blog.
You have been credible. You have been fair. You have provided us much space to express our thoughts. You have therefore contributed so much to the exchange of thoughts and ideas and the development of our democratic way of life.
The local media is a tabloid industry at best with no clearly defined parameters, no self policing, etc, I won’t be surprised if its as corrupt as politics. We shook down the GOCCs, the SC, hell even the catholic church, but media – they are the new untouchables. Why don’t we look at the Singapore media, Malaysia? The reason why some media personnel are regarded cheaply is because they are just that, with a price tag.
@ 11 The Toronto Star still run under the standard by its first publisher and founder more than a hundred years ago still is the country Biggest daily because of its unquestioned integrity and fearless reporting of news. It employs it’s own Ombudsman to guide its staff the ethical conduct and entertain public complaints in regards to its Publication
And for more than 30 years it never failed to deliver a copy to my door, rain or snow. Even now when its hard copy is available on line it still maintain its loyal readership. Breakfast Mcdo wil get one a daily coffee that will Cost more than the average coffee and muffin with bottomless coffee.
The Star been involved in many court battles and now the favourite whipping horse of the City Mayor as he is being watch by the paper reporter just about all the official moves he makes
Absolutely agree with Phil #10.
Sobrang mapanupil ang bills. While we wanted a responsible media, politicians can easily take advantage of the provisions.
Consult responsible citizens and media organizations first as to the embodiment of the bills, meet at the middle…walang gulangan on both sides, and make the final version of the bills acceptable to all.
“The bill seeks to define and penalize cybercrime offenses committed in the country, including a controversial provision that criminalizes online defamation.”
Sisikip ang kulungan kung magiging batas ito.
Patay na ang Facebook at Twitter.
14. Dyan lang kasi nakaka-vent ng galit ang taong bayan at napatanuyan na effective medium ito. Pero ang dami rin namang sobra na at gumagawa lang ng kuni-kuni at sumisira ng pagkatao ng matitinong cyberfolks. All for regulations ako ng online media, pero lagyan nila ng parameters, define cybercrimes, hanggang saan ang defamation na acceptable na hindi maka-categorize na krimen.
@ 14 yes it is true that on line bullying is a very serious issue among social network fans and many governments are making it an offense to use the Web for bullying and other crimes especially crimes against minor…our own Federal Government just included in its Omnibus Crime bill the govt. power to monitor the Internet for Child Pornography and Money laundering and other serious crimes and Right Now, there is a Battle between the Catholi Church and the Provincial Government when the Head of the Catholic, A Cardinal speaks against the Government amendment to the Anti-bullying in Schools ….the Catholic Schools is against the Govt. amendment to allow Support Program and Clubs in all School to Use the Word or Term GAY for their Clubs name or Support Program…(Gays are usually bullied in the School and trying to hide their clubs and Student’s Support Programs from School staff…The Catholic Schools want their Principals to run the School Clubs on their terms…But the Premier who is very Catholic and whose wife is a teacher in a Catholic School would have none of it… He made it clear that when it comes to the Students and their welfare, it is the Government Responsibility and will be the same for All Schools…the battle continues…The Catholic Schools get about 1/3 of Education Budget..approximately $7 billions for the Province of 15 millions population..
You can call this the Julian Assange section.
The publication of leaked (Bradley Manning) info will result in jail time for the publisher (wikileaks).
Of course, that is only on paper. When prosecution is instituted, the publisher can invoke the constitutional guarantee on freedom of the press, as interpreted in the case of Bartnicki v. Vopper.
The State cannot proscribe receipt of information. If the information was legally obtained by the publisher from one who illegally obtained it, the publisher cannot be punished for the wrong done by another.
So what else is new? Politicians will always find a way to make their lives easier. Better for them to pass the FOI bill instead or better yet, pass a bill that would require all gov’t officials to sign waivers of their bank deposits. Yes, starting from the President down. But unfortunately, PNoy seems to be suffering from alzheimers disease. He did make a campaign promise that he will sign a waiver didn’t he? Now he is saying that he will not sign by giving so many excuses. Cong. Farinas said it best in the impeachment of Corona, PALUSOT!
PNoy, kami, ang taong bayan ang BOSS mo! Pirmahan mo na. Yan ay utos at hindi pakiusap.
The State cannot proscribe receipt of information. If the information was legally obtained by the publisher from one who illegally obtained it, the publisher cannot be punished for the wrong done by another.-SnV
Thanks for this.
The fruit of the poisoned tree principle does not apply here?
The fruit of the poisonous tree taints evidence; so that if evidence is illegally acquired, it will be inadmissible in court. The punishment is a deterrent, so that the police do not make shortcuts just to prosecute a suspect.
But Constitutional rights are impervious to State punishment. The Constitution seeks to foster, not curtail free speech, because it values an informed citizenry. Free exchange of ideas is the ultimate societal good. A dictatorship has never fostered an Einstein or a Thomas Alva Edison.
Taliban-controlled Muslim areas do not spawn scientific geniuses. But there were many like Al Kwarizmi (inventor of algera) and Omar Khayyam in the tolerant Muslim empire of old.
An English major like you will know Omar Khayyam as the writer of the Rubaiyat, with that famous quote: “A jug of wine, a loaf of bread, and thou beside me singing in the wilderness. O wilderness were Paradise enow.” (Quoted by the late Professor Esteban Baustista to my pretty classmate.) But Omar Khayyam is known by mathematicians as one of the great early writers on math, especially cubic equations.
http://www.cmfr-phil.org/2012/06/04/for-press-freedom-and-freedom-of-information-oppose-hb-5835-and-sb-2965/
For press freedom and freedom of information: Oppose HB 5835 and SB 2965
Certain members of the 15th Congress apparently have no knowledge of, or have chosen to ignore, the fact that freedom of information is a human right, and that the United Nations Human Rights Committee has declared the Philippine libel law incompatible with international human rights law.
It would not matter were these individuals not charged with the task of legislation. The fact that they are, together with their antipathy to freedom of information and a free press, constitutes a mix lethal for free expression and freedom of information in the Philippines.
Two bills, one in the initial stages of the legislative process, and the other on the brink of approval by both houses of Congress, are illustrative….
Not only media and journalists’ organizations must oppose SB 2965 and HB 5835. Human rights organizations and accountability and transparency watch groups—every organization concerned with freedom of information, government accountability and with the right not only to disseminate but also to receive information– must unite in preventing these and similar bills from passing the legislative mill, which, in contrast to the speed with which it has processed SB 2965, has failed to act on the FOI bill despite the painstaking efforts of its stakeholders, which include no less than the free press, free expression groups, and the entire Philippine citizenry.