Estacio-Montesa exonerated Rappler from any corporate liability. For cyber libel, the Cybercrime Prevention Act of 2012 is silent on the prescriptive period. Defenses include "fair comment," "truth in statement/justification" or, less frequently, "qualified privilege." First, in 2000, Congress passed the Electronic Commerce Act ("ECA"), which makes electronic documents as the functional equivalent of paper-based documents. Second, the laws on libel, under the Revised Penal Code, from which the Cybercrime Prevention Act of 2012 refers to, punishes only the author of the post, or editor in cases of magazines, newspapers, books or serialized publications. 203335, February 11, 2014, the Supreme Court said an offender cannot be prosecuted for libel under the Revised Penal Code and cyber libel under RA No. Techopedia explains Cyberlibel. Read: ‘Fight vs cybercrime law not over’ — netizens. (UPDATE 2) The Supreme Court en banc on Tuesday upheld the constitutionality of the controversial online libel provision in Republic Act 10175 or the Cybercrime Prevention Act Law expert: Cyber libel, NOT a crime In Disini vs. Secretary of Justice, G.R. 10175 because of the rule on double jeopardy. She filed a cyber libel case and the Quezon City RTC Branch 90, in a March 19, 2018 order, denied Tolentino’s motion to quash the case. My own take is that even without an express provision in the cybercrime law, Internet libel is punishable under the Revised Penal Code. With due respect to the Supreme Court, cyber libel is not punishable under RA No. Judge Rainelda Estacio-Montesa found Ressa and Santos guilty beyond reasonable doubt of violating the cyber libel law and sentenced them to a minimum or six months to six years in jail. Embattled Philippines journalist and Rappler CEO Maria Ressa was found guilty of "cyber libel" Monday, in a case she and press freedom groups have described as … Why Cyber Libel The anti bullying law only cover minors and students, but the cybercrime law included cyber libel as a punishable act per revised penal code. My own take is that even without an express provision in the Cybercrime Law, Internet libel is punishable under the Revised Penal Code. Worse, this new law increased the penalty for cyber libel to prision mayor from the current prision correctional provided under the Revised Penal Code (RPC). It has since turned out that Sotto knew all about the new section on libel in the Cybercrime Law because he did the insertion himself. This is a defense against the element of malice and it applies to both libel and oral defamation. South Korea is the first democratic country in the process of introducing the law. This means a netizen prosecuted for online libel under the cybercrime law could no longer be charged with a separate case for libel under the Revised Penal Code. Her lawyers cited the Supreme Court's ruling on the cybercrime law which said only the author of a defamatory statement — not the people who shared it online — is liable for cyber libel. • Libel: As defined in Article 355 of the Revised Penal Code, libel can be committed through a computer system or any other similar means. For your reference, please look for these elements in the posts that affect you, these are the elements of (cyber) libel. Nonetheless, I think Ressa has viable defenses in her favor. Like common law libel, cyberlibel is defamatory, shared with at least one third party and plainly identifies victim(s). The only country where such cyber defamation law is being implemented is China. The draft bill merging four House bills amending Republic Act 10175, known as the “Cybercrime Prevention Act of 2012”, and RA 8792 or the “Electronic Commerce Act” and repealing Section 4 (c)4 of RA 10175 and Section 33(a) of RA 8792. 10175. Metro Manila (CNN Philippines, October 27) — Online scams and libel cases top the cybercrime list of the Philippine National Police (PNP) from March to … Under the cybercrime law, libel can constitute both oral and written. Sec. The Cybercrime Law refers us to the Revised Penal Code for the definition of ‘libel’. 10175, or the Cybercrime Prevention Act of 2012, was signed into law by President Aquino on Sept. 12, 2012. There are two main types of defamation: libel, or written defamation, and slander, or verbal defamation. The cyber defamation law that the South Korean government pursues allows police to crack down on hateful comments without any reports from victims. This includes both businesses and everyday citizens. The statements can be about a person, business, organization, group, nation, or product that tends to hurt the person’s reputation. Supreme Court dissenters warned against a cyber libel law that takes its definition from a 1930 statute, but will be applied to the internet age. Sec. The cyber libel case against Ressa and her publication stems from a 2017 complaint by a businessman over a Rappler story published in 2012, before the cybercrime law existed. View Cyber Crime Law 2.docx from LAW securities at St. John's University. The internet has provided THE Supreme Court (SC) of the Philippines just upheld the constitutionality of most parts of the Cybercrime Prevention Act of 2012, including the contentious provision that punishes online libel. Rappler CEO Maria Ressa has been charged with cyber libel for the second time. For cyber libel, the Cybercrime Prevention Act of 2012 is silent on the prescriptive period. 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