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In reality, “nothing can prevent law enforcement agencies holding these data in their hands from looking into the identity of their sender or receiver and what the data contains.
Citing the congressional deliberations, the SC says Congress made it clear “that the element of ‘engaging in business’ is necessary to constitute the illegal cybersex.With the growing practice of news organizations to have online versions of published printed materials, an offended party or public figure can opt to file for libel under the Cybercrime law and secure a higher degree of penalty for the journalist.() On the other hand, the SC stresses that libel provisions in the Cybercrime law “mainly target libel against private persons.” As such, “the Court recognizes that these laws imply a stricter standard of ‘malice’ to convict the author of the defamatory statement where the offended party is a public figure.” To the Court, “society’s interest and the maintenance of good governance demand a full discussion of public affairs.” The Court disagrees.“The DOJ order cannot substitute for judicial search warrant.” On the matter of pornography, which is a content-related offense, am I liable for online child pornography if I re-tweet or reply to a tweet containing child pornography, or shared it on Facebook?Am I guilty of “aiding and abetting” the commission of online child pornography? In the first place, the SC pointed out that the law is unclear as to the liability of Internet providers or users, something which the American laws on child pornography have clearly delineated.The basic information and definition of some legal terms are available from a previous story.
The law – to which the SC agrees – differentiates between cybersex between husband and wife or two consenting adults, and cybersex for purely financial gain.
“In the absence of legislation tracing the interaction of netizens and their level of responsibility such as in other countries, Sec. Like all other violations already defined and penalized under the Revised Penal Code and covered under the cybercrime law, the penalty is “one degree higher” than what is provided in Republic Act 9775, or the Anti-Child Pornography Act of 2009. The Court observes that the cybercrime law’s definition of online child pornography “merely expands” ACPA’s scope.
Thus charging the offender for both laws would be “tantamount to a violation of the constitutional prohibition against double jeopardy.” The media The cybercrime law affects the media in the sense that the Supreme Court still sustains libel as a criminal offense subject to the penalty of imprisonment.
Part 1: Can't understand the jargon in the Cybercrime Law?
Part 2: Making sense of online libel MANILA, Philippines – After discussing the important provisions of the recent Supreme Court decision on the cybercrime law, particularly online libel, we proceed to other equally important sections.
Decisional privacy “involves the right to independence in making certain important decisions,” while informational privacy “refers to the interest in avoiding disclosure of personal matters.” Yes, as regards informational privacy.