Jurisprudence Shaping Digital Rights in Southeast Asia
applied in restricting free speech, that of
the three-part test, legality, necessity and
legitimacy. The test normally requires judicial intervention to determine the validity of the restriction, and to consider
established jurisprudential guidelines.
The absence of any judicial intervention
as well as the three-part test requirement
in restricting the speech as contained in
Art 19 made the DoJ ‘judge, jury, and executioner’ all rolled into one. Thus, the
court was compelled to strike down the
constitutionality of Art 19 of the Cybercrime Law.
of the Cybercrime Law. In its decision in
the case of Disini et.al., v. Sec of Justice
et. Al,28 the court struck down the Article
on two grounds. Firstly, the court opined
that it is indisputable that computer data
created by writers or authors may constitute personal property and therefore is
protected from unreasonable search and
seizure both while stored in their personal computer or in the service provider
system. Secondly, the court stated that
computer data can constitute speech. Although not all speech is protected from
restriction, any restriction should be in
compliance with the general standards
28
See Disini et al. v. Sec. Justice et. al, https://lawphil.net/judjuris/juri2014/feb2014/gr_203335_2014.html
14
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