SEN. Teofisto Guingona 3rd on Tuesday asked the Supreme Court to make a final decisive action on the controversial cybercrime law.

Guingona urged the High Court to act on the petitions questioning the Cybercrime Prevention Act (Republic Act 10175), since the 120-day temporary restraining order (TRO) issued by the tribunal will expire on February 6.

The senator said that the law grants the government boundless control to overrun private lives.

During oral arguments at the High Tribunal, Guingona branded the law as Cyber-Dracula.

“I rise to assail a law that nurtures values from a Draconian past thoroughly inconsistent with the demands of modern times; a law with fangs that instill fear in the people’s hearts, threatening to suck the life out of our freedom of speech and expression,” he said.

 “Today, we ask the highest court of the land to impale the law of its ghostly provisions with the stake of reason. As cyber-Dracula lies helpless in its sleep, we plead for the final decisive action to banish our anger, anxiety and fears altogether,” Guingona added.

Lawyer Harry Roque, one of the petitioners against the controversial measure, explained the urgency of the exclusion of online libel and cyber sex in the law. He said that it violates one’s right to free expression.

Roque pointed out that the definition of the e-libel in the law is very confusing and vague.

He explained that the law does not explain if a cyber libel is committed when someone “likes” and “re-tweets” on Facebook and Twitter a libelous statement.

A few hours before the oral arguments, “hactivists” defaced the official websites of the Bureau of Customs and the popular noontime show, Eat Bulaga.

The hackers earlier attacked websites of the National Food Authority, local government of Mambulao, Camarines Norte, Metro Manila Development Authority, Cebu Port Authority, Philippine National Police-Region 8 and National Maritime Polytechnic.

In a statement posted on the attacked websites, the group of hackers slammed the passage of the law, saying that it suppresses press freedom.

Hundreds of protesters also gathered in front of the High Court in Padre Faura Street to express their opposition of the act.

Open to amendments
Sen. Edgardo Angara, the author of the cybercrime law, on Tuesday, said that he is open to changes in the law.

“Cyberspace, the Internet in general, is an entirely new field. This is unplowed ground for all of us legislators. Any attempt at examining the regulations written in the law are welcome because it expands knowledge and awareness of the people,” Angara said.

Angara last year filed Senate Bill 3315 seeking to amend some provisions of the law, which includes repealing higher penalties for online crime; requiring a court order for the takedown of suspected websites; and strengthening the exclusionary rule providing that seizure of evidence should adhere strictly to lawful procedures.

“The Supreme Court would have the final say on the matter of the TRO. I am still optimistic, though, that the SC would uphold the measure as a whole provided that we change the problematic provisions. I am confident that they will see that this law is truly necessary to protect the millions of legitimate Internet users in our country,” he said.

With a report from Jefferson Antiporda