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The difference between libel and cybercrimes is that the former is committed by means of publication or making it known to the public while the latter is perpetrated by acts that are in nature hidden. and DERVIN CASTRO, et al., Petitioners, versus OFFICE OF THE PRESIDENT, represented by President Benigno Simeon Aquino III, SENATE OF THE PHILIPPINES and HOUSE OF REPRESENTA’l’IVES, Respondents, under G. The law is contrary to common practice in law wherein conviction of crimes requires evidence to prove that they were committed “beyond reasonable doubt, ” and hinders ordinary citizens to make on-line comments/information.

Cybercrimes such as stealing passwords, computer hacking, or gaining access into computer systems or data, stealing PIN codes of computer data, banks accounts and other records for profit, are done in secret. c) Section 4, relating to online libel was also opposed by the group.

The case is filed in the Supreme Court as JOSE JESUS M. The law might be used to curtail the freedom of expression which will scare off many internet users.

A law’s validity should apply equally to all classes of members.

September 25, 2012 The first petition for a Temporary Restraining order (TRO) was filed with the Supreme Court by Louis “Barok” Biraogo against three specific provisions of the law, namely: a) Section 4 [c], which punishes libel “committed through a computer system or any other similar means which may be devised in the future.”; b) Section 12, on the other hand, authorizes law enforcers “to collect or record by technical or electronic means traffic data in real-time associated with specified communications transmitted by means of a computer system.”; and c) Section 20 lists the penalties for non-compliance with the law. 203299 –O– Party-list aspirant Alab ng Mamamahayag (ALAM) filed a second petition, urging the Supreme Court to take immediate action on their motion for reconsideration for a temporary restraining order on the said law.

The newly enacted law not only violates the Constitution but also the Anti-Wiretapping Law. Several provisions of the law violate freedom of expression, speech and of the press and are therefore unconstitutional.

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