MANILA, Philippines - The Supreme Court en banc on Tuesday upheld the constitutionality of the controversial online libel provision in Republic Act 10175 or the Cybercrime Prevention Act



SC spokesman Theodore Te said in a televised press briefing that posts and statements made online can be deemed malicious or libelous and subject to penalties.

"The court also ruled on the constitutionality of online libel when it further declares that Sec 4 C4 which penalizes online and cyber-libel is not unconstitutional with the respect to the original author of the post," Te announced.

The magistrates, however, deemed that the measure's provisions penalizing those who participate in the libelous statement or message after it is posted violating Constitutional principles.

"[The law's online libel clause] is unconstitutional only when it penalizes those who simply receive the post or react to it," Te said.

The high court said that such penalties are the same as those under the libel clauses in the Revised Penal Code and not the stricter penalties as stated in the new measure.

Libel offenders may be imprisoned for "minimum and medium periods" or fined from P200 to P6,000 under the Revised Penal Code.

The court further upheld the anti-cybercrime law's penalties to those who aid and abet cyber offenses, namely:

illegal access

illegal inteception

data interference

system interference

misuse of devices

cyber squatting

computer-related fraud

computer-related identity theft

cybersex

Meanwhile, aiding and abetting in child pornography, sending and creating unsolicited commercial communications or spam and online libel as punishable measures were said to be violating the Constitution.

The high tribunal explained that penalties for child pornography are already stated elsewhere, and those in the anti-cybercrime law prohibit "double jeopardy."