Philippines: Cybercrime Prevention Act of 2012
to.
This,
in
turn,
threatens
to
effect
a
balkanisation
of
the
Internet,
undermining
its
power
as
a
global
medium.
Overly
broad
assertions
of
jurisdiction
have
proven
to
be
particularly
problematic
in
the
context
of
defamation,
where
they
have
led
to
the
phenomenon
of
“libel
tourism”,
whereby
well-‐resourced
litigants
file
suit
in
countries
with
plaintiff
friendly
defamation
laws.
The
most
notorious
destination
for
libel
tourism,
the
United
Kingdom,
is
currently
in
the
process
of
amending
its
laws,
in
part
to
prevent
this
type
of
abuse.
It
is
unreasonable
for
the
government
of
the
Philippines
to
expect
to
regulate
the
entire
Internet.
Instead,
the
jurisdiction
of
the
Cybercrime
Prevention
Act
should
be
limited
to
cases
where
either
the
offending
conduct
originates
within
the
Philippines
or
where
substantial
harm
has
taken
place
within
the
Philippines.
Recommendation:
Ø Section
21
should
be
amended
so
that
it
only
applies
to
acts
committed
within
the
Philippines
or
to
acts
where
substantial
harm
takes
place
in
the
Philippines.
5. Sexual Offences
Section
4(c)(1)
of
the
Cybercrime
Prevention
Act,
which
criminalises
cybersex,
should
be
reconsidered:
Cybersex.
—
The
willful
engagement,
maintenance,
control,
or
operation,
directly
or
indirectly,
of
any
lascivious
exhibition
of
sexual
organs
or
sexual
activity,
with
the
aid
of
a
computer
system,
for
favor
or
consideration.
It
is
to
be
expected
that
different
countries
will
have
different
attitudes
towards
pornography
and
obscenity.
As
the
UN
Human
Rights
Committee
has
pointed
out,
“public
morals
differ
widely.
There
is
no
universally
applicable
common
standard.
Consequently,
in
this
respect,
a
certain
margin
of
discretion
must
be
accorded
to
the
responsible
national
authorities.”22
However,
while
the
Philippines
would
not
be
the
first
country
in
the
world
to
take
such
a
firm
a
stand
against
sexual
content
on
the
Internet,
this
approach
is
considerably
harsher
than
that
found
in
most
democratic
countries.
It
also
goes
far
beyond
the
Act’s
stated
purpose
of
protecting
children
from
exploitation
by
22
Hertzberg
et
al.
v.
Finland,
2
April
1982,
Communication
No.
61/1979,
para.
10.3.
The Centre for Law and Democracy is a non-profit human rights organisation working
internationally to provide legal expertise on foundational rights for democracy
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