Philippines: Cybercrime Prevention Act of 2012
Revised
Penal
Code
should
be
deleted.
3. Removal of Websites
A
significant
problem
with
the
Cybercrime
Prevention
Act
is
that
is
grants
the
Department
of
Justice
sweeping
power
to
censor
websites.
Section
19
states:
Restricting
or
Blocking
Access
to
Computer
Data.
—
When
a
computer
data
is
prima
facie
found
to
be
in
violation
of
the
provisions
of
this
Act,
the
DOJ
shall
issue
an
order
to
restrict
or
block
access
to
such
computer
data.
Such
a
restriction
or
blocking
order
is
a
form
of
prior
censorship.
Although
this
is
not
entirely
ruled
out
under
international
law,
international
courts
have
held
that
such
measures
must
be
treated
with
the
greatest
suspicion.
The
European
Court
of
Human
Rights,
for
example,
has
stated:
[T]he
Court
has
emphasised
that
while
Article
10
[which
guarantees
freedom
of
expression]
does
not
prohibit
the
imposition
of
prior
restraints
on
publication,
the
dangers
inherent
in
prior
restraints
are
such
that
they
call
for
the
most
careful
scrutiny
on
the
part
of
the
Court.20
The
special
international
mandates
have
made
it
clear
that
mandatory
blocking
of
websites
(as
opposed
to
user
blocking
based
on
personal
preferences)
is
extremely
problematical,
noting
in
their
2011
Joint
Declaration:
Mandatory
blocking
of
entire
websites,
IP
addresses,
ports,
network
protocols
or
types
of
uses
(such
as
social
networking)
is
an
extreme
measure
–
analogous
to
banning
a
newspaper
or
broadcaster
–
which
can
only
be
justified
in
accordance
with
international
standards,
for
example
where
necessary
to
protect
children
against
sexual
abuse.
Although
it
is
not
stated
explicitly
in
the
quotation
above,
it
flows
from
that
statement
that
such
blocking
could
only
ever
be
justifiable
in
the
context
of
judicial
action.
The
fact
that
section
19
gives
a
political
organ
of
government,
the
Department
of
Justice,
the
power
to
unilaterally
block
websites
based
on
a
prima
facie
finding,
with
no
judicial
involvement,
simply
cannot
be
justified
as
a
restriction
on
freedom
of
expression.
It
is
not
just
that
this
power
might
be
abused
for
political
purposes,
although
that
is
serious
enough.
It
is
also
that
allowing,
indeed
requiring
(for
the
provision
uses
the
term
‘shall’),
a
minister
to
wield
such
power
effectively
deprives
those
responsible
20
Mosley
v.
the
United
Kingdom,
10
May
2011,
Application
no.
48009/08,
para.
117.
The Centre for Law and Democracy is a non-profit human rights organisation working
internationally to provide legal expertise on foundational rights for democracy
-9-
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents