Guingona: Cybercrime Prevention Act of 2012,'Unconstitutional'

PH Senator Teofisto Guingona III voted against the approval of Senate Bill 2796, otherwise known as Cybercrime Prevention Act of 2012, Monday..

His objection is on the bill's definition of cybersex that says: "the willful engagement, maintenance, control, or operation, directly or indirectly, or any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or consideration."

And this is a morality issue, pointed out Guingona. "No one has the right to say what is moral and what is immoral," he said.

"I vote against this because it has a prior restraint on freedom of expression, freedom of speech. This is unconstitutional," Guingona said in a news.

Nevertheless, Cybercrime Prevention Act of 2012 is now approved in a third and final reading by the 13 Senators on Monday, except Senator Guingona.

Any Internet-related crimes such as fraud, hacking, and cybersex could now be investigated and the culprits would be prosecuted according to its provisions.

Cybercrimes are classified into three offenses such as:

A. Offenses against the confidentiality, integrity and availability of computer data and systems (illegal access, illegal interception, data interference, system interference, cyber-squatting, misuse of devices)

B. Computer-related offenses (computer-related forgery, computer-related fraud)

C. Content-related offenses (cybersex, child pornography, unsolicited commercial communications, libel)

Any person found guilty of the acts in A and B shall be punished with imprisonment of prision mayor (imprisonment from six to 12 years) or a fine of at least P200,000 or an amount depending on the damage caused or both depending on the court.

On cyber-squatting, the penalty is imprisonment of prision mayor of a fine not more than P500,000 (or both).

In unsolicited commercial communications, the penalty is arresto mayor (imprisonment from one month to six months) or a fine of at least P50,000 but not more than P250,000 (or both).

In cybersex, the penalty is imprisonment of prision mayor or a fine of at least P200,00 but not more than P1 million (r both).

While in child pornography, the guilty shall be punished according to Republic Act 9775 or the Anti-Child Pornography Act of 2009.

Moreover those who aid in the commission of any acts listed shall likewise be punished with imprisonment one degree lower than that of the main perpetrator of the offense or a penalty of at least P100,000 but not more than P500,000, or both depending on the court.

Those who voted Senate Bill 2796 or the Cybercrime Prevention Act of 2012 were 13 senators. They were Senate President Juan Ponce Enrile (the author), Senate President Pro Tempore Jinggoy Estrada, Senators Antonio Trillanes IV, Edgardo Angara, Lito Lapid, Manuel Villar, Miriam Defensor-Santiago, Ferdinand Marcos Jr., and Ramon Bong Revilla Jr.

Only Senator Teofisto Guingona III voted against the passing of the bill.


Source: RSJ, GMA News