NewPhilippines' top court upholds law criminalising online libel
Although court rejects provisions on online surveillance and wanton shutdowns of websites, critics fear law will be used to curb free expression
The Philippine Supreme Court said online surveillance is illegal without a court order and that online libel is a criminal offence, in a ruling on Tuesday that allows a cybercrime law to be enforced, in a setback for campaigners who argue it could curb internet freedom.
The Supreme Court on Tuesday ruled that one of its most controversial provisions, the section which penalises cyber libel, “is not unconstitutional”.
However, the judges found parts of the law unconstitutional, such as provisions allowing real-time collection of online data by authorities and shutting down a website without due process, court spokesman Theodore Te said.
It upheld libel online as a criminal offence but only the author of a libellous posting can be charged, Te said. Those who merely receive or comment on the post are not liable, he added.
Will freedom of expression be stopped? I don’t think that is the purpose of the law ... If you are saying the truth, why would you fear libel?
Lawmaker Neri Colmenares of the left-wing Bayan Muna party, which opposed the law, said the court also kept a provision that would penalise libel with a maximum 12-year imprisonment or a fine of at least 200,000 pesos (HK$34,800). The law aims to combat internet crimes such as hacking, identity theft, cybersex and online child pornography.