Magna Carta for Philippine Internet Freedom
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The Magna Carta for Philippine Internet Freedom (abbreviated as MCPIF, or #MCPIF for online usage) is an
internet The Internet (or internet) is the global system of interconnected computer networks that uses the Internet protocol suite (TCP/IP) to communicate between networks and devices. It is a '' network of networks'' that consists of private, p ...
law bill filed in the
Congress of the Philippines The Congress of the Philippines ( fil, Kongreso ng Pilipinas, italic=unset) is the legislature of the national government of the Philippines. It is bicameral, composed of a lower body, the House of Representatives, although colloquially the ...
. The bill contains provisions promoting
civil and political rights Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life ...
an
Constitutional
guarantees for Philippine internet users, such as
freedom of expression Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recog ...
, as well as provisions on
information and communications technology Information and communications technology (ICT) is an extensional term for information technology (IT) that stresses the role of unified communications and the integration of telecommunications ( telephone lines and wireless signals) and computer ...
(ICT) policy, ICT4D, internet governance,
e-governance Electronic governance or e-governance is the application of information technology for delivering government services, exchange of information, communication transactions, integration of various stand-alone systems between government to cit ...
,
cybersecurity Computer security, cybersecurity (cyber security), or information technology security (IT security) is the protection of computer systems and networks from attack by malicious actors that may result in unauthorized information disclosure, t ...
,
cyberwarfare Cyberwarfare is the use of cyber attacks against an enemy state, causing comparable harm to actual warfare and/or disrupting vital computer systems. Some intended outcomes could be espionage, sabotage, propaganda, manipulation or economic ...
, cyberterrorism, and
cybercrime A cybercrime is a crime that involves a computer or a computer network.Moore, R. (2005) "Cyber crime: Investigating High-Technology Computer Crime," Cleveland, Mississippi: Anderson Publishing. The computer may have been used in committing t ...
. The Magna Carta for Philippine Internet Freedom was proposed as an alternative to the
Cybercrime Prevention Act of 2012 The Cybercrime Prevention Act of 2012, officially recorded as Republic Act No. 10175, is a law in the Philippines that was approved on September 12, 2012. It aims to address legal issues concerning online interactions and the Internet in the Ph ...
whose enactment was met with mixed reactions. Proponents of the bill claim that the #MCPIF is the first
crowdsourced Crowdsourcing involves a large group of dispersed participants contributing or producing goods or services—including ideas, votes, micro-tasks, and finances—for payment or as volunteers. Contemporary crowdsourcing often involves digit ...
bill in the
Philippines The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no), * bik, Republika kan Filipinas * ceb, Republika sa Pilipinas * cbk, República de Filipinas * hil, Republ ...
. The bill did not pass when 16th Congress went on sine die May 24, 2016. Harry Roque filed the bill as House Bill No. 0666 during the 17th Congress. The bill also did not pass when the 17th Congress went on sine die on May 27, 2019. No legislator had filed the same on the 18th Congress.


Cybercrime Prevention Act of 2012


Definition, summary, and history

The Cybercrime Prevention Act of 2012 (officially filed as Republic Act 10175) is an ICT law that provides legal definitions, provisions, and penalties for offenses ranging from
confidentiality Confidentiality involves a set of rules or a promise usually executed through confidentiality agreements that limits the access or places restrictions on certain types of information. Legal confidentiality By law, lawyers are often required ...
,
integrity Integrity is the practice of being honest and showing a consistent and uncompromising adherence to strong moral and ethical principles and values. In ethics, integrity is regarded as the honesty and truthfulness or accuracy of one's actions. In ...
, and
availability In reliability engineering, the term availability has the following meanings: * The degree to which a system, subsystem or equipment is in a specified operable and committable state at the start of a mission, when the mission is called for at ...
of computer data and
systems A system is a group of interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and influenced by its environment, is described by its boundaries, structure and purpose and expresse ...
such as illegal interference, to content-related acts such as
child pornography Child pornography (also called CP, child sexual abuse material, CSAM, child porn, or kiddie porn) is pornography that unlawfully exploits children for sexual stimulation. It may be produced with the direct involvement or sexual assault of a ...
. President Benigno Aquino III signed the law and was enacted on September 12, 2012. Online debates and campaigns against the law influx, even making it to social media. The hashta
#NoToCyberCrimeLaw
started t
trend
as common internet users became vocal of their opposition and apprehensions towards the law. Early in October 2012, several Philippine government websites such as th
Official Gazette
th
Senate
and even
Senator Tito Sotto's website
were targeted by members of the
Anonymous Anonymous may refer to: * Anonymity, the state of an individual's identity, or personally identifiable information, being publicly unknown ** Anonymous work, a work of art or literature that has an unnamed or unknown creator or author * Anony ...
hacktivist group from various regions of the world as the Cybercrime Prevention Act took effect. The group launched the operatio
#OpPhilippines
where there was
distributed denial of service In computing, a denial-of-service attack (DoS attack) is a cyber-attack in which the perpetrator seeks to make a machine or network resource unavailable to its intended users by temporarily or indefinitely disrupting services of a host conne ...
(DDOS) on these sites, making them inaccessible.
YouTube clip
was also released by Anonymous, airing its vocal statement of being against the anti-cybercrime law that ends the freedom of expression of Filipinos. A total of 15 petitions has been filed against the Cybercrime Law at th
Supreme Court
On October 9, 2012, the high tribunal of the Supreme Court has issued a temporary restraining order (TRO) on the Cybercrime Prevention Act of 2012. The TRO initially suspended the entire law for a period of 120 days, but the Court later decided to extend the TRO indefinitely while the justices were working the case. On May 24, 2013, Th
Department of Justice
announced that the contentious online libel provisions of the law were being pushed to be dropped alongside other pending revisions as it awaited the Supreme Court's ruling on its legality.


Precedents to the anti-cybercrime law


Electronic Commerce Act of 2000

Prior to this law, th

(RA 8792) was enacted to acknowledge that aside from the Article II, Section 24 of th
1987 Philippine Constitution
providing that, "The State recognizes the vital role of communication and information in
nation-building Nation-building is constructing or structuring a national identity using the power of the state. Nation-building aims at the unification of the people within the state so that it remains politically stable and viable in the long run. According ...
," information and communications technology was emphasized as an up-to-date addition in the Section 2 of the act which declares,"The State recognizes the vital role of information and communications technology (ICT) in nation-building; the need to create an information-friendly environment which supports and ensures the availability, diversity and affordability of ICT products and services..." There were 4 punishable acts in the law: hacking, introducing
viruses A virus is a submicroscopic infectious agent that replicates only inside the living cells of an organism. Viruses infect all life forms, from animals and plants to microorganisms, including bacteria and archaea. Since Dmitri Ivanovsky's ...
to destroy data, pirating intellectual data, and violating Th
Consumer Act of the Philippines
(RA 7394) through electronic messages.


Consumer Act of the Philippines

The law was designed to prevent businesses from engaging in
fraudulent In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compens ...
or specified 'unfair' practices where they gain unwarranted advantage over competitors through the means of
deceptive advertising False advertising is defined as the act of publishing, transmitting, or otherwise publicly circulating an advertisement containing a false claim, or statement, made intentionally (or recklessly) to promote the sale of property, goods, or servic ...
, selling
counterfeit To counterfeit means to imitate something authentic, with the intent to steal, destroy, or replace the original, for use in illegal transactions, or otherwise to deceive individuals into believing that the fake is of equal or greater value tha ...
products, and the like. The Consumer Act also provided a set of regulated standards for production, distribution, trade, and promotion applicable to traditional media, which can be accessible online.


Anti-Child Pornography Act of 2009

Th
Anti-Child Pornography Act of 2009
(RA 9775) was also a relevant precedent to the law as it was integrated in it to provide a more outlined definition of actions that will be punishable by law. Section 52 of the MCPIF places limits on certain types of speech “inimical to the public interest” where child pornography is filed under. RA 9775 contains provisions protecting the right to privacy of the child through non-disclosure of his/her identity as well as duties and responsibilities of individuals and groups. Those applicable under the MCPIF state that
internet service providers An Internet service provider (ISP) is an organization that provides services for accessing, using, or participating in the Internet. ISPs can be organized in various forms, such as commercial, community-owned, non-profit, or otherwise privat ...
(ISP) are responsible for notifying the
Philippine National Police The Philippine National Police ( fil, Pambansang Pulisya ng Pilipinas, acronymed as PNP) is the armed national police force in the Philippines. Its national headquarters is located at Camp Crame in Bagong Lipunan ng Crame, Quezon City. Currentl ...
(PNP) or the National Bureau of Investigation (NBI) of any form of activities related or containing child pornography, preserve the evidence for investigation and prosecution purposes, furnish particulars of users who have accesses or attempted to access the content, and ensure access of said content is blocked or filtered. Internet content hosts are also given similar duties.


Limitations, criticisms, and need for a magna carta

The Cybercrime Prevention Act of 2012 was condemned as a threat to freedom of expression on the internet, the media, and online privacy by common netizens and
hacktivist In Internet activism, hacktivism, or hactivism (a portmanteau of ''hack'' and ''activism''), is the use of computer-based techniques such as hacking as a form of civil disobedience to promote a political agenda or social change. With roots in ha ...
groups such as
Anonymous Anonymous may refer to: * Anonymity, the state of an individual's identity, or personally identifiable information, being publicly unknown ** Anonymous work, a work of art or literature that has an unnamed or unknown creator or author * Anony ...
. It has also been compared to the
Marcos Marcos may refer to: People with the given name ''Marcos'' *Marcos (given name) Sports ;Surnamed * Dayton Marcos, Negro league baseball team from Dayton, Ohio (early twentieth-century) * Dimitris Markos, Greek footballer * Nélson Marcos, Portug ...
Martial Law Martial law is the imposition of direct military control of normal civil functions or suspension of civil law by a government, especially in response to an emergency where civil forces are overwhelmed, or in an occupied territory. Use Martia ...
era by human rights groups, media freedom advocates, and internet users.. Kabataan Representative Raymond Palatino branded the legislation as ‘e-Martial Law’ as it can lead to
censorship Censorship is the suppression of speech, public communication, or other information. This may be done on the basis that such material is considered objectionable, harmful, sensitive, or "inconvenient". Censorship can be conducted by governments ...
and
harassment Harassment covers a wide range of behaviors of offensive nature. It is commonly understood as behavior that demeans, humiliates or embarrasses a person, and it is characteristically identified by its unlikelihood in terms of social and moral ...
of the media. Prior to its enactment, 15 Supreme Court appeal petitions were lodged against the Law. Critics such as student protesters associated the law to the anti-piracy law of the United States that had recently failed the previous year. The failed laws includes the
Stop Online Piracy Act The Stop Online Piracy Act (SOPA) was a controversial proposed United States congressional bill to expand the ability of U.S. law enforcement to combat online copyright infringement and online trafficking in counterfeit goods. Introduced on O ...
(SOPA) and the Protect IP Act (PIPA) that aims to give the US government and copyright holders the access to ‘rogue’ websites. Similarly, many Filipino netizens from university students to journalists protested against the law on social media by changing their profile images into a black picture on
Facebook Facebook is an online social media and social networking service owned by American company Meta Platforms. Founded in 2004 by Mark Zuckerberg with fellow Harvard College students and roommates Eduardo Saverin, Andrew McCollum, Dust ...
,
Twitter Twitter is an online social media and social networking service owned and operated by American company Twitter, Inc., on which users post and interact with 280-character-long messages known as "tweets". Registered users can post, like, and ...
, and other social media platforms. These critics do agree that the law would empower the government to suppress cybercrime offenders such as hackers, data thieves, and cybersex offenders. The law was also further criticized of imposing limitations on freedom of expression and freedom of the press, directly violating Article III, Section 4 of th
1987 Philippine Constitution
through the inclusion of online libel as a crime in the passed law. This includes any person who criticizes other persons such as politicians, actors and actresses, and other people online in the forms of posting in social media site such as Facebook or blogs, and the like. The law also included a provision giving the act of online libel a punishment of one degree higher than libel in any other traditional media, making imprisonment for offenders to 12 years compared to the 6 years for libel in traditional media platforms. Online news organization are also susceptible.


Background


Miriam Defensor-Santiago

Miriam Defensor-Santiago Miriam Palma Defensor-Santiago (''née'' Defensor; June 15, 1945 – September 29, 2016) was a Filipino scholar, academic, lawyer, judge, author, and stateswoman who served in all three branches of the Philippine government: judicial, executiv ...
served as senator of the Philippines from 1995 to 2001 and again from 2004 to 2016. She was serving her third term when she filed a bill to repose the Cybercrime Prevention Act on November 12, 2012. It was dubbed as “Anti-Cybercrime Law version 2.0.” Santiago argued that the Cybercrime Law was unconstitutional due to its vagueness that could be abused to harm netizens. She further claimed that the law violates the right to privacy and protection against illegal searches. To resolve this, Santiago envisioned a new bill, the Magna Carta for Philippine Internet Freedom, to define and penalize cybercrime through backing from
crowdsourcing Crowdsourcing involves a large group of dispersed participants contributing or producing goods or services—including ideas, votes, micro-tasks, and finances—for payment or as volunteers. Contemporary crowdsourcing often involves digita ...
of netizens. She claims the MCPIF will protect the rights and freedom of expression of the netizens since the proposed bill does not give the government too much power unlike the Cybercrime Prevention Act. Furthermore, it ensures that the government maintains development accordingly to information technology's advancement. With the MCPIF, Santiago became the first senator who has passed a law that was “crowdsourced” through discussion in social media such as Facebook, Twitter, and
e-mail Electronic mail (email or e-mail) is a method of exchanging messages ("mail") between people using electronic devices. Email was thus conceived as the electronic (digital) version of, or counterpart to, mail, at a time when "mail" meant ...
.


Process

In response to the signing into law by
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
Benigno S. Aquino III Benigno Simeon Cojuangco Aquino III (; February 8, 1960 – June 24, 2021), also known as Noynoy Aquino and colloquially as PNoy, was a Filipino politician who served as the 15th president of the Philippines from 2010 to 2016. The son of ...
of Republic Act No. 10175, a group of Filipino lawyers, bloggers, technology experts, and human rights advocates called Democracy.Net.PH spearheaded a crowdsourcing initiative towards the drafting of a law intended to replace it. The proposed Magna Carta for Philippine Internet Freedom was then filed as Senate Bill No. 3327 by
Senator A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
Miriam Defensor-Santiago Miriam Palma Defensor-Santiago (''née'' Defensor; June 15, 1945 – September 29, 2016) was a Filipino scholar, academic, lawyer, judge, author, and stateswoman who served in all three branches of the Philippine government: judicial, executiv ...
on November 12, 2012. The bill remained pending in committee until the 15th Congress adjourned on June 6, 2013. In the 16th Congress, Senator Santiago re-filed the Magna Carta for Philippine Internet Freedom in the Senate as Senate Bill No. 53 on July 1, 2013. On July 4, 2013, Representative Kimi Cojuangco of the 5th District of
Pangasinan Pangasinan, officially the Province of Pangasinan ( pag, Luyag/Probinsia na Pangasinan, ; ilo, Probinsia ti Pangasinan; tl, Lalawigan ng Pangasinan), is a coastal province in the Philippines located in the Ilocos Region of Luzon. Its cap ...
filed a counterpart bill in the
House of Representatives House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
as House Bill No. 1086. The bill has passed first reading in both chambers of the Philippine legislature. On July 24, 2013, Senator Paolo Benigno "Bam" Aquino IV filed a version of the #MCPIF, "enhanced with a 'Free WiFi' provision" as Senate Bill No. 1091. In the Philippine Congress, the crowdsourced bill the first reading in both chambers. MCPIF is based on 4 main points: rights, governance, development, and security. In March 2014, Pierre Tito Galla headed the Senate opening statement and supported its structure, which gave specific details on
internet censorship Internet censorship is the legal control or suppression of what can be accessed, published, or viewed on the Internet. Censorship is most often applied to specific internet domains (such as Wikipedia.org) but exceptionally may extend to all Int ...
, data discrimination,
data privacy Information privacy is the relationship between the collection and dissemination of data, technology, the public expectation of privacy, contextual information norms, and the legal and political issues surrounding them. It is also known as data pr ...
,
data security Data security means protecting digital data, such as those in a database, from destructive forces and from the unwanted actions of unauthorized users, such as a cyberattack or a data breach. Technologies Disk encryption Disk encryption refe ...
,
information security Information security, sometimes shortened to InfoSec, is the practice of protecting information by mitigating information risks. It is part of information risk management. It typically involves preventing or reducing the probability of unauthorize ...
,
net neutrality Network neutrality, often referred to as net neutrality, is the principle that Internet service providers (ISPs) must treat all Internet communications equally, offering users and online content providers consistent rates irrespective of co ...
, and
freedom of information Freedom of information is freedom of a person or people to publish and consume information. Access to information is the ability for an individual to seek, receive and impart information effectively. This sometimes includes "scientific, Indigeno ...
,
e-governance Electronic governance or e-governance is the application of information technology for delivering government services, exchange of information, communication transactions, integration of various stand-alone systems between government to cit ...
, and due process on punishments. The bill has a total of 10 parts and 85 sections, thereby emulating a bill of rights for the Filipino internet users. The MCPIF calls to repeal the Cybercrime Prevention Act and create a
Office of Cybercrime
within th
Department of Justice
to enforce this law.


Contentions and support from external parties

Journalists see the MCPIF as a mirror to th
Magna Carta for Journalists Bill
(HB 2550), which is condemned by media groups such as th
National Union of Journalists of the Philippines
(NUJP). HB 2550 is unable to protect the lives, welfare, and safety of journalists due to the limitations in its provisions. It is also used as a tool to over-regulate the media. The International Federation of Journalists (IFJ) was also against the MCPIF, saying that it is far less useful than the pendin
Freedom of Information bill
(FOI). According to the organization, "If politicians in the Philippines truly want to emulate the Magna Carta then they should focus more on the public’s right to know by passing the long-delayed Freedom of Information Bill and other measures that allow media keep their communities informed". Other online groups such a
Democracy.Net.PH
has actively voiced out the need for MCPIF's approval as it claims that it believes that MCDPIF is the cornerstone towards "progressive legislation on Philippine cyberspace and the information and communications technology (ICT) sector" as it urges more legislators to continue in pushing the bill. Th
ProPinoy Project
also voices out that the MCPIF is an avenue to exercise democracy as it takes account for the people's rights and wants. There have also been notable individuals who have posted online and created a stir what netizens would think and feel on certain issues. For thi
M.R.J. Marisigan's blog
the author commends MCPIF but notes holes such as the covering of cyberbullying is not afforded to those beyond elementary as they do not fall under the Anti-Child Bullying Law, "Thus the MCPIF in decriminalizing libel would strip protection and deterrence against such kinds of occurrences."


Gaps addressed by the MCPIF

The late Senator
Miriam Defensor-Santiago Miriam Palma Defensor-Santiago (''née'' Defensor; June 15, 1945 – September 29, 2016) was a Filipino scholar, academic, lawyer, judge, author, and stateswoman who served in all three branches of the Philippine government: judicial, executiv ...
, the proposer of the MCPIF, pointed out the gaps the new bill addresses in juxtaposition with the Cybercime Prevention Act as it upholds the freedom of expression of Filipino netizens and protects them justly in
press release
Santiago further states the limitations of RA 10175 as it "violates the right to privacy and the Constitutional guarantee against illegal search and seizure through allowing the warrant-less real-time collection of traffic data. In contrast, the MCPIF ensures due process by providing strict guidelines for any collection of any data, including the securing of warrants, obligating notification, and limiting seizure to data and excluding physical property." Santiago and other supporters claim that there is a dangerous 'takedown' clause of RA 10175 where the government has the authority to have a website or network blocked or restricted without due process of law which is absent in the MCPIF. "My bill specifically provides for court proceedings in cases where websites or networks are to be taken down, and prohibits
censorship Censorship is the suppression of speech, public communication, or other information. This may be done on the basis that such material is considered objectionable, harmful, sensitive, or "inconvenient". Censorship can be conducted by governments ...
of content without a court order," said Santiago. The MCPIF also prohibits
double jeopardy In jurisprudence, double jeopardy is a procedural defence (primarily in common law jurisdictions) that prevents an accused person from being tried again on the same (or similar) charges following an acquittal or conviction and in rare case ...
where RA 10175 otherwise allows it through prosecution of offenses committed against its provisions and prosecution of offenses committed against th
Revised Penal Code
and special laws, even though the offenses are from a single act. The efforts of the government to decriminalize libel is aided with libel now considered as a civil liability rather than a criminal act bearing a penalty one degree higher than that of the
Revised Penal Code The Revised Penal Code contains the general penal laws of the Philippines. First enacted in 1930, it remains in effect today, despite several amendments thereto. It does not comprise a comprehensive compendium of all Philippine penal laws. The ...
. The MCPIF clarifies not just cybercrime law itself, but also its enforcement through the propose
Department of Information and Communications Technology
(DICT). The DICT is prepared alongside law enforcement agencies, and the military with provisions for handling cybercrimes such as amendments to the AFP Modernization Act that ensure ample weapons and defenses against cyberattacks by terrorists, violent non-state actors, and rogue or enemy nation-states and mandates on the
Philippine National Police The Philippine National Police ( fil, Pambansang Pulisya ng Pilipinas, acronymed as PNP) is the armed national police force in the Philippines. Its national headquarters is located at Camp Crame in Bagong Lipunan ng Crame, Quezon City. Currentl ...
and the National Bureau of Investigation to combat cyberterrorism. Santiago also stated that the bill generally enables the Philippines to develop nationally alongside the realities and advances in ICT by harnessing its potential through ensuring government agencies and its laws move accordingly to the growth.


Provisions


Part 1 “General Provisions”

Contains the policy framework of the Magna Carta for Philippine Internet Freedom Section 1 contains the formal name of the Magna Carta. Section 2 shows that the content of the Magna Carta still falls under th
Philippine Constitution
and briefly discusses the purposes that the state expects information and communications technology in the Philippines will serve. These include: government transparency and
public participation Public participation, also known as citizen participation or patient and public involvement, is the inclusion of the public in the activities of any organization or project. Public participation is similar to but more inclusive than stakeholder e ...
in government activities; information propagation for the improvement of life; and the creation of art and development of culture. It also touches on the internet's capability to affect
international relations International relations (IR), sometimes referred to as international studies and international affairs, is the scientific study of interactions between sovereign states. In a broader sense, it concerns all activities between states—such a ...
and the State's recognition of its role to make sure internet use still complies with these relations.


Part 2 “Definition of Terms”

Contains one section stating that, when possible, definitions of terms used in the bill shall be adopted from those established by the
International Telecommunication Union The International Telecommunication Union is a specialized agency of the United Nations responsible for many matters related to information and communication technologies. It was established on 17 May 1865 as the International Telegraph Unio ...
, the
Internet Engineering Task Force The Internet Engineering Task Force (IETF) is a standards organization for the Internet and is responsible for the technical standards that make up the Internet protocol suite (TCP/IP). It has no formal membership roster or requirements and a ...
, the
World Wide Web Consortium The World Wide Web Consortium (W3C) is the main international standards organization for the World Wide Web. Founded in 1994 and led by Tim Berners-Lee, the consortium is made up of member organizations that maintain full-time staff working ...
, the
Internet Corporation for Assigned Names and Numbers The Internet Corporation for Assigned Names and Numbers (ICANN ) is an American multistakeholder group and nonprofit organization responsible for coordinating the maintenance and procedures of several databases related to the namespaces ...
, and other relevant worldwide organizations. It then goes on to list more than 63 terms relevant to the Magna Carta.


Part 3 “Internet Rights and Freedoms”

Codifies a Bill of Rights for Filipino internet users. This also discusses the securities afforded to them under State jurisdiction. Sections 4 to 7 talk about individual rights regarding the internet and electronic devices. Sections 4 and 5 discuss the rights to freedom of speech and usage, and universal access to the internet. They also discuss bans on
internet censorship Internet censorship is the legal control or suppression of what can be accessed, published, or viewed on the Internet. Censorship is most often applied to specific internet domains (such as Wikipedia.org) but exceptionally may extend to all Int ...
and data discrimination. Section 6 talks about the right to control access to devices under one's ownership, while Section 7 looks into freedom of creativity on the Internet. Sections 8 to 13 discuss
security" \n\n\nsecurity.txt is a proposed standard for websites' security information that is meant to allow security researchers to easily report security vulnerabilities. The standard prescribes a text file called \"security.txt\" in the well known locat ...
. Sections 8 and 9 promote
data privacy Information privacy is the relationship between the collection and dissemination of data, technology, the public expectation of privacy, contextual information norms, and the legal and political issues surrounding them. It is also known as data pr ...
,
data security Data security means protecting digital data, such as those in a database, from destructive forces and from the unwanted actions of unauthorized users, such as a cyberattack or a data breach. Technologies Disk encryption Disk encryption refe ...
, and
information security Information security, sometimes shortened to InfoSec, is the practice of protecting information by mitigating information risks. It is part of information risk management. It typically involves preventing or reducing the probability of unauthorize ...
mostly for individual use, while 10 to 12 discuss security in terms of a more public realm, touching on
intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, cop ...
and
net neutrality Network neutrality, often referred to as net neutrality, is the principle that Internet service providers (ISPs) must treat all Internet communications equally, offering users and online content providers consistent rates irrespective of co ...
. Section 13 highlights the use of the Internet in
government transparency Open government is the governing doctrine which sustain that citizens have the right to access the documents and proceedings of the government to allow for effective public oversight. In its broadest construction, it opposes reason of state and ...
and
freedom of information Freedom of information is freedom of a person or people to publish and consume information. Access to information is the ability for an individual to seek, receive and impart information effectively. This sometimes includes "scientific, Indigeno ...
. Due process clauses are included in these provisions.


Part 4 “The Department of Information and Communications Technology

Establishes an executive department for purposes of Philippine information and communications technology policy, ICT4D, internet governance, and e-governance. This part also discusses other offices that assist this department with its responsibilities. Sections 14 to 19 focus on the department itself, discussing its objectives, powers, composition, the responsibility of its head and the department's capability of putting up regional offices. Section 20 seeks to ensure that the department keeps its performance in check by submitting a periodic performance review. Sections 21 to 27 introduce other organizations that aid the department in carrying out its duty which include: the Council of Chief Information Officers; the National Telecommunication Commission; the National Data Privacy Commission; the ICT Legal Affairs Office; the Telecommunications Office; the National Information and Communications Technology Institute; and th
Official Gazette
Section 28 seeks to assure that the reorganization of the government to accommodate these groups is under Constitution. Sections 29 to 32 detail the manner of organization of the personnel under the department.


Part 5 “Regulations for the Promotion of Internet Rights and Freedoms”

Reiterates the compliance of the Philippines to
treaties A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pers ...
and international conventions to which it is a signatory, defines duties of state agencies and instrumentalities, provides amendments of existing
telecommunications Telecommunication is the transmission of information by various types of technologies over wire, radio, optical, or other electromagnetic systems. It has its origin in the desire of humans for communication over a distance greater than that fe ...
, intellectual property, data privacy, and e-commerce laws, and provides explicitly for the repeal of the Cybercrime Prevention Act of 2012. Section 33 declares the Magna Carta's compliance with international treaties and conventions. Section 34 declares the state as the primary duty-bearer with regard to Philippine Internet regulation, and lists the duties regarding this in Section 35. These duties include: cybercrime law enforcement; cyberdefense and national cybersecurity; the development of skills, resources and technology for ICT technology; education related to ICT; and intellectual property rights in cyberspace. Sections Section 36 to 42 discuss the changes made to the Constitution to accommodate the Magna Carta. These include amendments to: th
Public Telecommunications Policy Act of the Philippines
the
Intellectual Property Code of the Philippines A copyright is the legal protection extended to the owner of the rights in an original work. Original work refers to every production in the literary, scientific, and artistic domains. The Intellectual Property Office (IPOPHL) is the leading agenc ...
; the E-Commerce Act; and th
Data Privacy Act
Section: The final section calls for the repeal of the Cybercrime Prevention Act.


Part 6 “Cybercrimes and Other Prohibited Acts”


Part 7 “National Cybersecurity, Cyberdefense, Counter-Cyberterrorism, and Counter-Cyberespionage”


Part 8 “Penalties”

Parts 6, 7, and 8 define Philippine cybercrimes and penalties, competent law enforcement agencies, special cybercrime courts and their jurisdictions, and
cybersecurity Computer security, cybersecurity (cyber security), or information technology security (IT security) is the protection of computer systems and networks from attack by malicious actors that may result in unauthorized information disclosure, t ...
and counter- cyberterrorism policy.
Child pornography Child pornography (also called CP, child sexual abuse material, CSAM, child porn, or kiddie porn) is pornography that unlawfully exploits children for sexual stimulation. It may be produced with the direct involvement or sexual assault of a ...
, child abuse, hate speech, cyberespionage, cyberterrorism,
terrorism financing Terrorism financing is the provision of funds or providing financial support to individual terrorists or non-state actors. Most countries have implemented measures to counter terrorism financing (CTF) often as part of their money laundering la ...
,
trafficking Smuggling is the illegal transportation of objects, substances, information or people, such as out of a house or buildings, into a prison, or across an international border, in violation of applicable laws or other regulations. There are various ...
in persons, child prostitution,
phishing Phishing is a type of social engineering where an attacker sends a fraudulent (e.g., spoofed, fake, or otherwise deceptive) message designed to trick a person into revealing sensitive information to the attacker or to deploy malicious softwa ...
,
cybersquatting Cybersquatting (also known as domain squatting) is the practice of registering, trafficking in, or using an Internet domain name, with a bad faith intent to profit from the goodwill of a trademark belonging to someone else. The term is derived ...
, and
intellectual property infringement An intellectual is a person who engages in critical thinking, research, and reflection about the reality of society, and who proposes solutions for the normative problems of society. Coming from the world of culture, either as a creator or a ...
are among the crimes defined. Crimes committed against critical infrastructure are provided a higher class of penalties.
Double jeopardy In jurisprudence, double jeopardy is a procedural defence (primarily in common law jurisdictions) that prevents an accused person from being tried again on the same (or similar) charges following an acquittal or conviction and in rare case ...
is forbidden explicitly in Section 64 of the Magna Carta for Philippine Internet Freedom.


Part 9 “Implementing Rules and Regulations”


Part 10 “Final Provisions”

Detail the implementation of the Magna Carta for Philippine Internet Freedom and provide the final provisions for putting it into effect. Part 9 itself focuses on the implementation. This covers implementation of the Magna Carta for cybercrime law enforcement, ICT education, ICT research and development, and rules and regulations for periodically reviewing the implementation. Part 10 details the concrete instructions to the government for starting the implementation of the Magna Carta, such as appointing a head and preparing initial funding. This part also includes clauses for the Magna Carta's separability from the rest of the Constitution, the repealing of unmentioned laws inconsistent to it and the start of its effectivity.


Implications and application


On crowdsourcing

As one of the first crowdsourced bills in the country following th
Crowdsourcing Act of 2012
the Magna Carta for Philippine Internet Freedom has been perceived as a success by various civil states in terms of participative democracy, as mentioned in the 2013 Internet Governance Forum in Bali, an annual forum dedicated to delegates from participating
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoniz ...
countries that serves as an avenue to discuss the current state, effects, and legal practices of new media. In addition, the European Citizen Action Service (ECAS)’s 2016 report mentions the MCPIF as one of its models towards the creation of a crowdsourcing policy framework in the EU, along with other crowdsourcing initiatives of other countries. In one of the case studies performed by the organization, it listed down some of the implications that the crafting of the MCPIF has cultivated. According to the organization’s report, it has “enhanced the citizens’ participation in policy-making, engaged youth, ensured a learning process, ensured innovative ideas for policy-making based on the wisdom of the crowd. increased political trust, and kept the citizens’ faith in the crowdsourcing method to enhance democracy". However, no concrete statistical evidence supports that the bill increased representativeness in the national level.


On libel

With its implementation,
Miriam Defensor-Santiago Miriam Palma Defensor-Santiago (''née'' Defensor; June 15, 1945 – September 29, 2016) was a Filipino scholar, academic, lawyer, judge, author, and stateswoman who served in all three branches of the Philippine government: judicial, executiv ...
considers RA 3327 as an initial step to
decriminalize Decriminalization or decriminalisation is the reclassification in law relating to certain acts or aspects of such to the effect that they are no longer considered a crime, including the removal of criminal penalties in relation to them. This reform ...
certain forms of libel. As a response to a number of suggested amendments to the former Cybercrime Prevention Act which seeks to pin down criminal activities on the internet, the bill was crafted to protect online users' freedom of expression contrary to RA 10175 which, according to legislators and non-government organizations, restraints online rights and sends a "
chilling effect In a legal context, a chilling effect is the inhibition or discouragement of the legitimate exercise of natural and legal rights by the threat of legal sanction. A chilling effect may be caused by legal actions such as the passing of a law, the ...
" to consumers of new media. While the bill does not exempt libelous statements made online from criminal liabilities, it exempts public airing of grievances from being held liable. Statements of dissatisfaction directed to public officials, consumer products, and online remarks meant for private and peer reviews are not subject to criminal liabilities, as well as statements of protests that concern public interest. Under the proposed bill, satire will be protected, and truth will be considered as a defense against libel.


A better future for internet in the Philippines

Given its wide acknowledgment from various organizations, legislators, and states, the hopes and expectations for the MCPIF are high. As of 2013, 37% of the population gains daily online access. As this number continues to grow, repercussions resulting from various online behaviors will continue to increase as well, and Philippine legislators will have to boost policies and laws to address the effects of the internet to the population. With the MCPIF and its four pillars namely rights, governance, development, and security at hand, the Philippines can expect a more stable future in terms of the consumption of new media. With its implementation, online consumers can expect a guarantee in both their online and offline rights. The MCPIF also promises a more open governance especially in ICT-related policies, a more sustained development towards ICT as a vessel towards a more progressive economy, and lastly, a more solidified security system that protects its citizens from outside threats on the internet.


References


External links

{{Portal, Philippines, Internet, Telecommunication, Law
Full text of the Magna Carta for Philippine Internet Freedom at the Philippine Senate

Democracy.Net.PH
the drafters and convenors of the MCPIF Internet in the Philippines Information technology in the Philippines Telecommunications in the Philippines Computer law Telecommunications law Telecommunications policy Net neutrality