(Lead)OSG lets SC to declare whether Section 19 of Cybercrime Law unconstitutional

January 29, 2013 11:22 pm 

By Perfecto Raymundo

MANILA, Jan. 29 — The Office of the Solicitor General Tuesday left it to the Supreme Court whether to declare unconstitutional Section 19 of Republic Act No. 10175 or the Cybercrime Prevenction Act of 2012.

During Tuesday's oral arguments, Solicitor General Francis Jardeleza told the SC justices they will not anymore defend Section 19 of the Cybercrime Law which authorizes the Dept. of Justice to block the websites or computer data even without a court order.

Associate Justice Marvic Leonen asked Jardeleza whether Section 19 can be declared unconstitutional.

Jardeleza said they will just leave it to the court to decide on it.

"Libel of 1932 is not the libel we know today. So can we declare this unconstitutional?" Leonen asked.

"Up to the court," Jardeleza said.

Jardeleza argued Chapters 2, 3 and 4 are important in the law.

He said Chapters 2 and 3 determine the acts punishable by law.

On the other hand, Jardeleza said Chapter 4 states the ways to locate and identify an "anonymous cyber criminal."

He clarified it does not necessarily mean they agree to declare unconstitutional the entire law. (PNA)



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