DoJ says existing laws enough to run after online felons

In a move which confirms existing laws are sufficient to go after cyber criminals even without the controversial Republic Act 10175 or Cybercrime Prevention Act, Justice Secretary Leila de Lima confirmed that her agency will be pursuing a case which would have been the first to be prosecuted under the said law.

Despite a restraining order against the implementation of the draconian measures under the law now facing scrutiny before the Supreme Court (SC), De Lima said yesterday she has tapped the National Bureau of Investigation to look into the complaint filed by a 17-year-old girl on the day the anti-cybercrime law took effect last Oct. 3.

The complaint was received by the DoJ through e-mail and involves a video circulating in the Internet for two years now showing the complainant copulating with a former lover who posted the video for public consumption supposedly after a bitter breakup.

De Lima said the National Bureau of Investigation (NBI) may still request websites involved to remove the video and prosecute the guilty parties.

“The NBI may act on this case perhaps under anti-photo and video voyeurism act or RA 9995. The victim is a minor, so can you imagine the anguish, anxiety and humiliation she went through because of that? We need to preserve human dignity,” she explained in a chance interview.

The said law slaps a penalty of three to seven years of imprisonment and a fine of P100,000 to P500,000 to those who will be found guilty of voyeurism.

The high court has issued temporary restraining order (TRO) enjoining the implementation of the entire RA 10175 and set oral argument on the case on Jan. 15 next year.

“Normally TRO would encompass the implementation of the entire law. The IRR is put on hold but the advocacy is not covered so it will proceed. We will still undertake awareness raising campaign to educate the people on the salient features of the law and to explain to them that there is nothing to worry in the implementation of the law,” De Lima said.

De Lima explained the DoJ would continue to accept complaints falling under the anti-cybercrime law but only for evaluation purposes for the meantime.

“If the complainant insist that we act, we will asked them to excuse us and explain to them that the cybercrime law is not in effect. But we will evaluate the complaints and see if other laws may be applied,” she said.

Meanwhile, in a press briefing, presidential spokesman Edwin Lacierda said congressmen should take the 120-day TRO period as an opportunity to consolidate their proposed amendments to controversial provisions of the law such as online libel and the “takedown” clause.

“The 120 day TRO is perhaps a signal from the Supreme Court that our legislature might want to amend the law,” Lacierda told newsmen.

Lacierda described the 120-day TRO as a rare instance that the high tribunal was seen issuing a time-bound TRO, adding that the 120-day period could be a good time and opportunity for the legislators to amend the law to consolidate their proposals.

“Amendments can be made to ensure controversial provisions can be cured or can be crafted better,” Lacierda said.
While admitting that the TRO was a “temporary setback,” the government would want the cyber criminals contained in the soonest possible time, even as he referred the cyber criminals as those committing identity theft and fraud, among other cyber crimes. –Benjamin B. Pulta with Fernan J. Angeles, Daily Tribune