Bayan Muna Rep. Teodoro Casiño, NUJP, Sen. TG Guingona III also at the SC. Guingona to give opening statement.
The petitioners: Harry Roque, JJ Disini, Rodel Cruz. Rep Neri Colmenares, Julius Matibag also to argue #cybercrimelaw @rapplerdotcom
Petitioners will ask court to allow Sen TG Guingona to deliver opening statement #cybercrimelaw SC oral arguments @rapplerdotcom
Meanwhile, Aga Muhlach is at the CA now for a hearing on his case regarding his removal at the voters' list in Camarines Sur. #PHvote
Below is incoming SC PIO @tedte checking sound system before start of #cybercrimelaw SC oral arguments @rapplerdotcom
DOJ Asec Geronimo Sy, tasked to oversee DOJ Cybercrime Office, is also here to watch the #cybercrimelaw SC oral arguments @rapplerdotcom
Justices enter hall. Oral arguments to start. This is first oral arguments to be presided by CJ Sereno #cybercrimelaw
RT @glendamgloria: #CybercrimeLaw trivia: This is the 1st oral arguments for Sereno as CJ; 1st orals for Justice Leonen too
Not here is Justice Presbitero Velasco because he inhibited from the case.
In opening statement, Sen Guingona brands #cybercrimelaw as "cyberdracula."I rise to assail a law that nurtures values from a Draconian past
#cybercrimelaw Guingona: We fear that this law gives State unlimited powers to invade our lives, intruding into spheres protected by rights
Guingona: After protests, several bills filed in Senate to amend law but they remain pending in committee level. SC swifter solution
Atty Harry Roque now to argue on online libel and cybersex #cybercrimelaw
Lawyer Harry Roque gives brief history of internet.
#cybercrimelaw Roque: Internet is key means to exercise freedoms. What kind of communication is Internet? SCOTUS said not akin to broadcast
#cyebercrimelaw Roque: We are renowned for being social media capital in the world. Libel, cybersex void for overbreadth and vagueness.
#cybercrimelaw Roque: We say libel provision should be struck down. Because of Internet, it can penalize protected speech.
#cybercrimelaw Roque: On TWITTER, there is capability to retweet. Language of law doesn't tell you if there is libel in retweeting.
Roque: Sections 4(c)4 and 4(c)1 should be struck down for overbreadth
#cybercrimelaw Roque:For news orgs,it is now almost general feature of blogs to have comment space.What happens if there's libelous comment?
#cybercrimelaw Roque: Who is liable for online libel? With tech nowadays, you ask: Is internet service provider liable? Is Google liable?
#cybercrimelaw While Atty Roque is speaking, there is powerpoint presentation of his key points. Other petitioners also have powerpoint.
#cybercrimelaw Roque: We say cybersex provision should be struck down for overbreadth. We don't know what we mean by lascivious.
#cybercrimelaw Roque shows image with naked people as example of vagueness of definition of "lascivious." Others might find it not so.
Roque shows picture of nude people before SC justices to prove his point
#cybercrimelaw J Abad: Are you saying person who posted on Internet should not assume responsibility. Roque: Not to extent of imprisonment
#cybercrimelaw Roque argues for civil damages as penalty for libel instead of imprisonment. Abad: In other words, it should be punished?
Abad: Revised Penal Code already defines libel and its elements. Doesn't #cybercrimelaw already adopt that?
#cybercrimelaw Roque says you can't have 1:1 correspondence of libel definition under Revised Penal Code to libel on the web, tech different
#cybercrimelaw J Abad: Does Twitter have relation to author/editor of blog as author/editor of newspaper have in publication? Roque: No.
#cybercrimelaw J Abad: To me it's clear, Internet service provider should not be punished for libel. Roque: Yes but law's wording vague
#cybercrimelaw Abad: My point is law on libel applied to computer not that vague that you will consider everybody even net cafe owner liable
#cybercrimelaw Roque insists language of law is vague, it has to be narrowly written to ensure it doesn't violate rights.
#cybercrimelaw Abad: Clearly sex with a spouse in case of OFWs doesn't fall under cybersex as crime in this law. Roque: Language is vague
#cybercrimelaw Abad on cybersex: Sexual activity defined on law on Child Pornography. Roque: But language is 'lascivious,' not even porn
#cybercrimelaw Abad: You can't also be too specific, put a picture of cybersex in the law. Judicial interpretation can narrow it.