Cyber Law and Katrina-Kho Sex Video

Let me expound on one of the threats to democracy that I mentioned in a previous entry. I pointed out the observation that certain quarters are using this Katrina Halili-Dr. Hayden Kho sex video scandal as a pretext to generate public support behind the current bill of Partylist representative Irwin Tieng's Cyber Law. It seems that what these legislators are doing is play up the issue to justify turning this law into a penal legislation with a corresponding jail term.

Whichever way you look at it, this law is a setback from the gains we so fought for at those EDSAs. It's a measure that smacks of non-sensical censorship and obviously a threat to our thriving democracy. It's a measure that would put the very liberties we now enjoy in jeopardy. Why?

Why punish somebody for expressing himself online? If a pervert, for example, wants to upload a nasty, X-rated stuff, who's to say that it's wrong? That upload is a form of self-expression. It may be offending to some, but not to others. Same goes to an activist who writes damning stuff against government. That's self-expression. And no law shall be passed abridging the freedom of speech, of expression, or of the press, according to Section 4, Article 3 of the 1987 Constitution.

Perhaps Cong. Tieng is simply afraid that, someone would write about Solar Entertainment and the way they conduct their affairs over at RPN 9. Tieng probably wants to curtail this very right to protect certain business interests that are fair game once this Arroyo administration leaves office.

Tieng, whom I met a couple of years ago, is a young and well-meaning person. Yet, I am afraid that he is being used right now by corporate interests which were once victimized by online comments or by bloggers online hack jobs.

Penalizing self-expression is simply not the most democratic way to do it. Here, in this vast vacuum of space, ideas are ascendant. If you don't like what's being written about you or for someone you know, you have the right to reply. Simple. It's an unwritten ethical code that bloggers like me follow.

Yet, penalizing and attaching a jail term for an idea smacks of totalitarianism and simply cannot exists in a so-called democratic society like ours.

If Tieng used the argument that this Cyber Law aims to punish certain acts deemed despicable by him or his religious backers, who said that those acts are despicable? Simply, acts seen as bad by others may not be the case to some. And who gave them the authority to say that particular acts are deemed offensive or contrary to public morals?

Hence, this Tieng bill called the Cyber Law is a primary example of a moral law which does not merit a place in our jurisdiction.

Besides, our Revised Penal Code have many provisions that already punishes an act deemed criminal or at a certain extent, tortous.

In Dr. Hayden's case, for example, there is a bunch of laws which he violated, such as the Law on Violence Against Women, Ethical Code for Physicians and even the anti-wire tapping law. This suggest that we really don't need a new law such as the Cyber Law to punish an alleged online offender. Existing laws suffice to address a grievance made online. Lawyers should just be creative.

Threats to Philippine Democracy

There are reasons why people feel fear and threatened right now. The very democracy which we so love hangs in the balance.

First, the very integrity of the constitutional and electional process is under threat. Second, an elitist Lower House continues to ignore public pleas to address more significant issues like agrarian reform while they waste public money discussing charter change. Third, attempts are underway to curtail the very individual freedoms we enjoy over the Internet.

How do you know expect the 2010 elections to be sweakingly clean when the very computer system that the COMELEC intends to use, is controlled by associates of the First Gentleman of Mrs. Gloria Macapagal-Arroyo?

Wittingly or unwittingly, COMELEC played in the sinister plans of this administration. What is to prevent people behind this consortium to ensure the victories of their favored bets come 2010? Answer---nothing. Gus Lagman is right---the system is not infalliable. It can be manipulated. What are our safeguards? Nothing. We don't have any weapons to fight or counter fraud except collective expression of disgusts.

And despite public opposition against charter change, the Lower House continues to discuss this despicable issue in contempt of the 76% of the Filipino People who already expressed their anger against cha-cha. Who are the people being represented by these Congressmen? I thought they are representatives of the people. The people already decided this issue. Yet, they seem ignorant or they act like they don't hear the shouts of our people against this measure.

And people like Partylist Cong. Irwin Tieng seems like playing into the hands of these anti-democratic forces working fervently within government, using the Katrina Halili-Hayden Kho sex video scandal, to justify the passage of a Philippine Cyber Law. Nothing wrong with passing such a law yet it is the duty of Mr. Tieng to explain the rights to be curtailed by his law. Instead of playing into the emotions of people, Tieng should present the merits of his proposal before the Filipino net community. We are the stakeholders here and we should be informed correctly on the merits and demerits of such a measure.

We have been deprived of our voice in 2004. And we face the very prospect of a repeat of the same come 2010. Worst, other civil liberties like internet use etc. are being put into extreme jeopardy.

What are we to do about these threats? Are we to just be "silent" or we choose the right leader or just fight it out? You choose.