Category: social media

Amend the Anti-Cybercrime law

Editorial, The Manila Times

The Anti-Cybercrime Law may have been crafted with the best of intentions, but the final version of the bill poses nothing less than a most serious threat to our freedom of speech.

The full name of the law is the Cybercrime Prevention Act of 2012. What it does is expand the coverage of libel.

The biggest mistake committed by the law’s authors was the last-minute insertion of a libel clause, which was not in the original version. That version received widespread support from concerned sectors who recognized that cybercrime is a growing phenomenon that must be arrested. But no one ever thought that the authors of the bill would go as far as to include online libel to the coverage of the law.

It should not be lost on anyone that the Philippines is one of the few countries in the world where libel is considered a criminal offense, and not the civil offense that it should be.

It is incredible that in a country that prides itself as having one of the freest presses in the world, anyone can still be imprisoned for writing his or her thoughts. While no one can disagree that to intentionally ruin another person’s reputation is libelous, the punishment should be commensurate to the gravity of the crime.

For the longest time, local media has been asking, begging, cajoling and demanding that Congress rewrite the country’s libel laws, and many a senator and congressman have said that they would do what was necessary. Instead, the situation has been worsened for media practitioners who are active in cyberspace via their blogs.

It is not just media that is under constant threat by the country’s archaic libel laws. Ordinary citizens who write their opinion in any media are also subject to the extreme penalties of those laws.

Look at the backlog of the country’s court cases. There is a fair percentage of one party accusing another of libel, thereby seeking to imprison that offending party. Were these cases civil suits, judgments would have been rendered quicker. Guilty parties would have to pay civil damages. Imprisoning anyone for writing any falsehood would hurt the guilty party where it hurts most—his or her pocket. But no one need spend so much as a minute in jail for a crime that causes no physical harm.

In Vietnam this week, three bloggers were jailed for “anti-state propaganda.” Is this what the country’s lawmakers want to happen here? If the law is not amended ASAP, that most sacred freedom of speech will be curtailed to the point that the Philippines may as well declare itself a communist or fascist state where no one is allowed to speak his or her mind.

They may deny it until hell freezes over, but the new law actually increases the legal punishments for libel. Where before the penalty for printed libel was six months and one day to four years and two months’ imprisonment under the Revised Penal Code, the new law would imprison anyone convicted of committing libel in cyberspace to six years and one day up to 12 years.

The law as it is written will have a chilling effect on the country’s growing number of bloggers who are also considered as citizen journalists. The situation will be worse than the martial law era when only “the true, the good and the beautiful” could be written about the Marcoses.

Take the anti-cybercrime law to the extreme. Imagine a young man who has just turned 18. He is now legally an adult. In a fit of anger, he blasts his neighbor in his Facebook page, calling that person all sorts of names. Under the anti-cybercrime law, he can be imprisoned and may not be released until his 30th birthday.

Ridiculous perhaps, but it’s the law.

The Supreme Court to hear challenge

Of the country’s lawmakers, it appears that only Senator Teofisto “TG” Guingona recognizes the dangers inherent in the libel clause of the anti-cybercrime law. He has therefore promised to challenge the new law before the Supreme Court.

There may still be time to take corrective measures since the bill was signed into law by President Aquino only last September 12. Its implementing laws and guidelines will be drafted by an inter-agency body within 90 days from that date.

Under a worst-case scenario where Guingona’s contesting of the law fails to bear fruit, then media can only hope that the guidelines be most specific about what constitutes online libel. Muzzling anyone from using the electronic media to speak his or her mind is the worst thing that can happen.

For the record, The Manila Times does not condone the wanton destruction of a person’s reputation through the use of print or electronic media. Anyone who spreads lies and half truths about other parties should receive reasonable punishment. But even a minute in prison is already unjust and unreasonable punishment in our book.

Sotto’s scot-free (and why it’s our fault)

Katrina Stuart Santiago

Yes plagiarism might seem small and petty, it can seem like an academic thing, but it certainly isn’t moot, and I don’t know that making fun of Tito Sotto, in whatever way, will mean people taking this seriously. If at all, it reveals how we have inadvertently clouded the conversation on plagiarism with the fact of social class, i.e., pang-edukado naman ang issue na ‘yan, pang-kayo-kayo lang. Because really, who has spent time and effort talking about Sotto in light of this mistake? Who has started laughing at him, thinking jokes as weapons, too? Tayo-tayo nga.

Read on…

burn baby burn: the falsity of FB engagement

by radikalchick

since this Rogue piece on the literati and mainstream literary system went online, what has infinitely been interesting is how it has revealed the kind of thinking that we have about literature and culture, including but not limited to: (a) “Why write about this at all? What a waste of time!” (b) “bakit hindi ka na lang magsulat?” (c) writing is a solitary enterprise anyway (d) you just moved from one house to the next (e) there is no talking about literature without literary jargon (f) it’s the same everywhere, deal with it (g) you are not being attacked, your work is being engaged in (h) let’s have a conference on this! (i) you are not free.  continue reading

calling out ressa

a public apology via social media is in order, methinks.

in case you’re not on facebook or twitter, check out this sequence of tweets over radikalchick’s opinion blog going to the dogs, a follow-up on lito zulueta’s Who will watch the watchdog? that was in response to luis teodoro’s Rule makers and rule breakers — all still about questions that rappler.com, after promising “uncompromised journalism,” refuses to answer, questions re its clear bias against impeached sc chief justice corona whose trial begins today.

thanks to j.o.m. salazar aka randomsalt for finding all the relevant tweets and putting them in sequence via storify:

Rappler CEO Maria Ressa implies blogger guilty of libel 

Tweets exchanged between @angel_alegre, @maria_ressa, @radikalchick, @randomsalt, and @wolverinabee regarding a blog post by @radikalchick on a recent Rappler story re Chief Justice Corona and the University of Santo Tomas. Read that post here: <http://www.radikalchick.com/going-to-the-dogs/>

angel alegre @maria_ressa interesting pov on teodoro-zulueta (and ressa) case: radikalchick.com/going-to-the-dogs [12 jan]

Maria Ressa @angel_alegre funny @radikalchick never asked me before she wrote and am only a tweet away. Guess that separates the pros … [12 jan]

Maria Ressa @angel_alegre I suppose every news group that did a story on memes is paid? Careful abt assumptions. They tell more about the observer. [12 jan]

Maria Ressa @angel_alegre Everyone’s entitled to their opinion, but the crowd decides. Thanks for sharing! [12 jan]

KatStuartSantiago @maria_ressa ask you about what exactly? [13 jan]

Maria Ressa @radikalchick Ask for an intvw – before making libelous charges based on assumptions alone. Wouldn’t publish without it.

J.O.M. Salazar @radikalchick Is @maria-ressa accusing you of libel? [13 jan]

katstuartsantiago @randomsalt it seems that is a question for @maria_ressa to answer, don’t you think? [13 jan]

J.O.M. Salazar @radikalchick True. Just startled a pro like @maria_ressa would so readily invoke libel given how it’s been used to harrass journos. [13 jan]

KatStuartSantiago @randomsalt friday the 13th kasi. :) tchaka walang ibang kumu-kuwestyon sa kanila.  [13 jan]

Maria Ressa @randomsalt @radikalchick Would say it’s malicious and unfounded, but would not go as far as filing case. Too much over too little. [13 jan]

J.O.M.Salazar @radikalchick If @maria_ressa bristles at being questioned, she proves her own thesis about PHL power-distance index. bit.ly/zl6gr1  [13 jan]

Maria Ressa @randomsalt @radikalchick Just expected better, I guess. A charge deserves a response bef publishing. [13 jan]

J.O.M. Salazar @maria_ressa Seems to me @radikalchick’s questions are less malicious than say, “Who’s lying, Corona or UST?” @rapplerdotcom [13 jan]

Maria Ressa @randomsalt I actually answer questions. But the questions need to be asked first. [13 jan]

J.O.M. Salazar @maria_ressa She did ask questions. I’m puzzled you think such questions are necessarily malicious. @radikalchick [13 jan]

Maria Ressa @randomsalt sorry, received no questions. Would’ve answered. Did intvws yday with several bloggers. @radikalchick  [13 jan]

Rina (wolverinabee) hhhmm. interesting developments between @maria_ressa and @radikalchick. hoping for healthy, and ultimately instructive discussion. [13 jan]

Maria Ressa @wolverinabee @radikalchick always, hopefully :-) [13 jan]

katstuartsantiago wow. you invoke libel, call my writing malicious & unfounded, and THEN you end with “always, hopefully” and a smiley? wow, @maria_ressa [13 jan]

we missed ressa’s second and third tweets because she didn’t tag @radikalchick — bakit kaya — so for a while there, after reading re-reading radikalchick’s piece, we could only assume that ressa had found offensive these questions that katrina had raised:

… unlike Teodoro, i don’t think there’s anything petty at all about the issues that Zulueta raises here with regards transparency. in the same way that they call out Zulueta for being a UST professor writing for the Inquirer, why can we not question Teodoro for his own link to the CMFR and Business World? why can we not insist that everyone – especially the media personalities who are calling themselves watchdogs — be transparent about their own biases and links to each other?

so for transparency’s sake: i owe Lito Zulueta for getting my feet wet in arts criticism, and publishing me in the Inquirer’s Arts and Book section in 2009. I stopped writing for the Inquirer in 2010.

now let me dare the Ressas and Teodoros of this world: what are the personal links that exist for you? who are you friends with, and can you at any point critique them privately or publicly? does it matter at all that Teodoro is co-writer with Vitug in a CMFR book like Media in Court(1997)?

or maybe, we wondered, it was this that offended?

… a love affair exists among those who are holding the fort of “new media” | “online media” — self-proclaimed and otherwise. if anything i am reminded that in media, as with the literary world, and maybe every aspect of this Pinoy culture, what keeps the status quo are friendships: ones that run deep, ones that are unquestioned from within. the question for Ressa and Teodoro really is whether or not theycould have at any point disagreed with Vitug on this and any story? the question for all of us who blindly want to be invited into the bubble of middle class media and sort-of-NGO work is how many questions will we then fail to ask?

all valid questions.  by no stretch of the imagination is any of it libelous or malicious or unfounded.  it is critical, yes, and is that bawal na ngayon?

moreover, ressa’s insistence that she should have been asked/interviewed first before publishing, as a pro would have done daw, had us falling from our seats in shock.  ano daw?  ano siya.  sacred cow?  and since when have opinion blogs fallen under her purview?

then came J.O.M.’s storify and the second and third ressa tweets: “I suppose every news group that did a story on memes is paid? Careful abt assumptions. They tell more about the observer.” … “Everyone’s entitled to their opinion, but the crowd decides.”

so where did katrina suggest/assume that “every news group that did a story on memes is paid”?  not here, surely:

rappler has quietly revealed itself to be about helping out government instead of being a critical voice that at the very least asks: how much was paid BBDO for this campaign and is it worth it? i guess no questions like that for “uncompromised journalism” now tagging itself as “citizen journalism.”

katrina was asking how much BBDO got paid, not rappler!  double vision, ressa?  slip of the tweet?  kneejerk defense?

so later she backpedals, but not to take back the libel accusation, and only after using the M word: “Would say it’s malicious and unfounded, but would not go as far as filing case. Too much over too little.”

too little?  she sullies katrina’s good name and the quality of her writing with the L word and the M word, and then says it’s “too little” to file a case over?  after she had deemed it big enough to tweet in no uncertain terms to her 74,782 twitter followers???  and i assume THAT is her “crowd” that will “decide”???  incredible!  yeah, like kris :(

irresponsible na nga, patronizing pa, looking down condescendingly on katrina from her cocky perch up there, wherever, in the dizzying heights of cyberspace obviously, giddy and gaga over her “popularity” and the support and adulation she’s been getting from her friends and cohorts (silence=support) in mainstream and social media?  yeah, she’s so back in the big-time now, we hear she even has links to, i mean, gets leaks from, the palace, no less.

check out benignO’s post World Bank report on Supreme Court ‘ineligible funds’ inappropriately leaked to Rappler? that i posted on my facebook wall, to which political analyst malu tiquia and journalist nini yarte, among others, reacted:

Malou Tiquia : what seems to have been ignored was that the WB project was implemented in 2003 under CJ DAVIDE, whose son was endorsed by PNOY during the 2010 elections. Unfortunately, the WB fund was audited during the Corona watch. The head of the Project Committee was even another Justice and not Corona.

Stuart Santiago : reading the inquirer version now, malou… hmm, kay corona ibinunton lahat, no? grabe.

Malou Tiquia : some in media created/abetted/supported the 2010 winner; media is ensuring they picked the right candidate unlike in 2001 when they allowed themselves to be used to oust Erap. If only media plays its role, then all of us will be served well. Now, if they would still blame Corona under command responsibility, the incumbent leader in the Executive Branch should be subjected to the same rigor too.

Nini Yarte : So it was a leaked story after all from a tainted source at that. No wonder rappler did not bother to get the reaction of people mentioned in the article. I was looking for the reply of JRSP to WB’s demand letter in the report, given the seriousness of the matter, there was none. So much for fair and objective journalism. If rappler’s advocacy is to bring down corona, it’s fine with me. But, mind, that’s not journalism.

Nini Yarte : … It’s a goldmine to us journalists, a scoop. But even when it’s a leaked story, the good practice, ethical, if you will, in journalism is to inform people that will be adversely affected by the story that such and such a report will be published and would they care to comment or give their side of the story. If they refuse to comment, that in itself is reported. The WB story is too one-sided for comfort. Now, if rappler wants to become like wikileaks, okay with me. But wikileaks does not brand itself as the bastion of good journalism. :)

trial by publicity, and rappler is part of it.  too bad.

like i’ve said on facebook, okay lang naman, kanya-kanyang diskarte.  but ressa should get down to earth, learn to respond rationally, and not cry bloody libel like a baby, when faced with criticism.  i know from experience that the blogosphere can be unforgiving of major lapses, lalo na pag ayaw umamin ng isang nagkamali o ayaw mag-sorry ng isang naka-offend.

i’ve been an independent and active political blogger for more than 3 years now, radikalchick for two.  we have built up our credibility slowly and patiently.  our comments sections are open to all (we only delete spam and trash), as are our twitter streams.  we are quick to apologize, to admit to mistakes, and to express thanks when a reader points out an error or gap in our reasoning.  we are also quick to thank anyone who offers new info/links/perspectives that raise the level of discourse.

we know to be careful, to self-edit, dahil nakataya ang pangalan namin.  we do not hide behind pseudonyms or orgs.  our blogs are us, up close and political.

a public apology would soothe radikalchick’s ruffled feathers some.  of course, we’re not waiting with bated breath.  given my own history with ressa, i don’t know that she’s up to it.  and then again, who knows.  she might see the light.  hope springs eternal.