Let me ramble on
this blog, as structure is sometimes sooo confining.
Two Senators in One
Senator Miriam
Defensor Santiago runs hot and cold with me. She is hot with her sponsorship of
the bill she just introduced entitled: "An Act Establishing a Magna Carta
for Philippine Internet Freedom, Cybercrime Prevention and Law Enforcement,
Cyberdefense and National Cybersecurity.”
Now this bill
addresses many of the same issues as the Cybercrime Act. Indeed, it declares
the Cybercrime Law null and void, dead and buried. The new law was written by
the people who must live under the act - bloggers and publishers and internet
operators - rather than by the police.
It was the police, after all (the Justice Department), that supplied
legislators with the language for the Cybercrime Bill. That is why that bill
was detached both from practicality and, possibly, constitutionality.
So the perspective
of this bill is infinitely different and much more respective of free
expression. The two aspects of the bill that interested me most were: (1)
intellectual property rights, and (2) libel provision. Here's a short
interpretation of each section:
- Intellectual
Property: Any
material published on the internet is considered copyrighted when
published. The penalty for stealing someone else's original work is
damages plus legal costs. This effectively makes the complainant whole
without draconian penalties. Only material cases would end up in
court. Nuisance cases would fall to the wayside. The "bias" is toward open expression.
- Libel: The plaintiff must prove
malice and damage. If successful, the award is damages incurred.
The law specifically allows for criticism of public officials. The
dark-ages value of jailing those found guilty of libel for 12 years (the
penalty in the current Cybercrime Law, which is being held back from
implementation by Supreme Court's Temporary Restraining Order) is thrown
out.
Is that beautiful,
or what? Thanks to
The Pro-Pinoy Project for putting the text
of the bill on line. Click over there if you want to read the details of the proposed legislation. And big thanks to the group of people who crafted this legislation.
The section on libel is appended to this blog at the end.
Back to Senator
Santiago. As I wrote a few blogs ago, she is also on the rant about the
Visiting Forces Agreement (VFA) between the U.S. and Philippines. She has been
upset about that document since the Nicole incident many years ago. Currently she is angry that a contractor to the U.S. Navy may have dumped improperly treated waste into domestic waters, and she holds the VFA up as the reason. The rub, unfortunately, is that her public rant risks sowing discord between allies. With
China drooling just off the coast.
It would seem to me
that a change in this document, if warranted, could easily be pursued quietly
between partners. Why does she rant in public? (1) Possibly because she wants
to apply pressure on the U.S. to change the document, or (2) She is interested
in the limelight, and doesn't really care about the well-being of the
Philippines.
Neither is a
particularly honorable way to proceed. "Just sayin' . . ."
Wemmins and Jesus
I'm happy to see
Senator Cayetano upset with the old men of the Senate, those calcifying
crustaceans of ancient bearing and
distorted moral foundation, Enrile, Sotto and maybe even Recto. Women
need to run riot in the Philippines to end the lock that those unbendable political
sticks have on laws that protect women. And immediately after RH is done, women
ought to demand the right to divorce. Marriage is a contract, you know? It is
not a slave sale or indentured bondage.
Get God out of the
picture and put some common sense and compassion into those marriages where the
husband is physically abusive, plays with other women, or refuses to support
the kids. Or where the woman does those things. Trust me, trust me, trust me, Jesus
is not a sadist and he is compassionate toward women. He was written into the
Bible to temper the anger and hostility His Old Man displayed throughout the
Old Testament. So let's just get right with Jesus, eh?
Small Philippines, Big Philippines
I'm rather believing
the social health of the Philippines depends on two factors: (1) continued use
and expansion of the internet, and (2) building a large middle class that has
values apart from desperate need.
- The internet can be an educational
supplement, you know, like taking vitamins. It allows people to find
social enlightenment through interaction with others around the globe. I
believe enlightenment is antigravity matter that flows uphill to the most
respectful, learned and responsible level.
- The middle class, to sustain its middleness
and its classiness, must set aside the envies and grasping needs that lead
to anger, theft and cheating. Young
people are the hope, and OFW's returning home bringing the disciplines
learned abroad, respectful of law and order and responsibility.
President Aquino has
a small vision for the Philippines. I said that in Saturday's blog. He does not
have a large vision. His is authoritarian, controlling, dast I say, anal? It is
not vibrant and uplifting. He does not see freedom and transparency as fuel for
ideas and honor and productivity and REAL pride.
Sure, I could be
wrong. I would be happy, happy, happy to be wrong. But I see him complaining
again about the media and I know he is thinking small.
The possibility exists
that he will waste the grand rush of good will that put him into office.
The internet is
unforgiving of people who are okay with a Small Philippines. . .
Whither Weather?
I like the weather
in the Philippines. Our area is cool and breezy except for the middle of the
day, from 9:00 am to 3:00 pm. For these past few weeks, we have been riding on
the Intertropical Convergence Zone, which slides north and south as it moves east
and west, much like a snake in the grass. So we get splatterings of rain and
gustiness of wind now and then. Here's the official
Wiki
explanation of things:
- The Intertropical Convergence Zone (ITCZ), known by sailors as
"the doldrums", is the area encircling the earth near the
equator where the northeast and southeast trade winds come together.
The ITCZ appears as a band of clouds, usually thunderstorms, that circle
the globe near the equator. In the Northern Hemisphere, the trade
winds move in a southwestern direction from the northeast, while in
the Southern Hemisphere, they move northwestward from the southeast.
When the ITCZ is positioned north or south of the equator, these
directions change according to the Coriolis effect imparted by
the rotation of the earth. For instance, when the ITCZ is situated north
of the equator, the southeast trade wind changes to a southwest wind as it
crosses the equator. The ITCZ is formed by vertical motion largely
appearing as convective activity
of thunderstorms driven by solar heating, which effectively draw
air in; these are the trade winds.
And here is link to a
fine, live satellite view of the Pacific courtesy of the U.S. Navy, those evil allies
who hired the Malaysian contractor who dumped stuff into the Bay and drove Senator Latin Santiago nuts. "The
humiliation! The humiliation!"
The Wise Men and Women of the Society
I am developing a
pretty rich understanding of the social psychology that makes the Philippines
click. Or fail to. I figure the Society of
Honor will soon be the foremost place on the planet to go to understand
the ways and whys of the Philippines. And YOU my trusty readership are the
masters, the teachers, the mysterious people in brown robes, hoods pulled over
shadowy faces, who wander amongst the trees muttering their counsel to the
Oracle, Joe of Am. Except for Angry Maude. She screams, of course, obscenity
laden tirades, but what can we do about that?
Ahahahaha, I can see
the characters now. There's Edgar, right over there on that stump, huge tome in
hand, citing Greek and Zoroastrian wisdoms and enumerating them the way an engineer
orders tasks. One hand is waving now and then in the air as he pulls out yet
another profound finding and adds it to the list as 6.3.
Johnny is cracking
Sancho Panza jokes at Mariano who is drunk in the corner babbling strange
Englitches whilst DocB translates them into Latin. Cha is mostly slapping her
forehead. Others are wandering and wondering, as good gurus are inclined to do.
We shall set
ourselves up as a Society of Honorable Oracles. If you are Filipino, you can
come to this place to gain wisdom. Or if you are alive with an inquiring open
mind, you can come here, too.
I wonder if there's
any money to made in that. Counselors to the lost, or to foreign investors, or
to the political leaders in the Philippines. Oh, I already said lost. Sorry.
I see no need to be
penurious about our wisdom.
_____________
ADDENDUM: Extract on Libel from the Magna Carta . . .
Section
33. Internet Libel . . .
A.I. Internet libel. - Internet libel is a
public and malicious expression tending to cause the dishonor, discredit, or contempt of a
natural or juridical person, or to blacken the memory of one who is dead, made
on the Internet or on public networks.
A.2. Malice as an essential element of
internet libel. - Internet libel shall not lie if malice or intent to injure is
not present.
A.3. Positive identification of the subject as
an essential element of internet libel. - Internet libel shall not lie if the
public and malicious expression does not explicitly identify the person who is
the subject of the expression, except if the content of the expression is
sufficient for positive and unequivocal identification of the subject of the
expression.
A.4.
Exceptions to internet libel. - The following acts shall not constitute
internet libel:
a)
Expressions of protest against the government, or against foreign
governments;
b)
Expressions of dissatisfaction with the government, its agencies or
instrumentalities, or its officials or agents, or with those of foreign
governments;
c)
Expressions of dissatisfaction with non-government organizations, unions,
associations, political parties, religious groups, and public figures;
d)
Expressions of dissatisfaction with the products or services of commercial
entities;
e)
Expressions of dissatisfaction with commercial entities, or their officers or
agents, as related to the products or services that the commercial entities
provide;
f)
Expressions of a commercial entity that are designed to discredit the products
or services of a competitor, even if the competitor is explicitly identified;
g)
An expression made with the intention of remaining private between persons able
to access or view the expression, even ifthe expression is later released to
the public; and,
h)
A fair and true report, made in good faith, without any comments or remarks, of
any judicial, legislative or other official proceedings, or of any statement,
report or speech delivered in said proceedings, or of any other act performed
by public officers in the exercise of their functions, or of any matter of
public interest.
A.5.
Truth as a defense. - Internet libel shall not lie if the content of the
expression is proven to be true, or if the expression is made on the basis of
published reports presumed to be true, or if the content is intended to be
humorous or satirical in nature, except if the content has been adjudged as
unlawful or offensive in nature in accordance with existing jurisprudence.
_____________
Violation
of Section 33. A. 1. (Internet libel) - This shall only give rise to civil
liability and the amount shall be commensurate to the damages suffered.
Senator Pia Cayetano
To
Representatives Carol Jayne Lopez (Yacap party-list), Seth Jalosjos (Zamboanga del Norte), Amado Bagatsing (Manila), Antonio
Alvarez (Palawan), Mark Aeron Sambar
(PBA party-list), Alfredo Garbin, Jr.
(Ako Bicol), and Isidro Lico (Ating Koop
party-list), who sponsored a legislative bill to make Justin Bieber
"persona non grata" in the Philippines. That is, they want him banned
from coming from the Philippines for publishing that photo up there, and
others like it. Bieber is a Floyd Mayweather fan.
Who nominates people
around here anyway? This is far more than for the Mindanao peace agreement,
which is a profound accomplishment. It is for walking the firm but high road with China
and bringing social modernization to a very peaceful Philippines. There is not
a single coup plot cooking on any of the 7,000 islands, unless you count the shrieks emanating from the CBCP. Election murders are
becoming passé. This is the remarkable remaking of a national attitude. Advocacy for women's rights and the rights of people to
government information solidify President Aquino's good governance agenda and
assure long-lasting, orderly progress for a nation long held back by outdated
values, clannish rivalries, poverty and
associated angers.
The rest of you guys
get out there and follow Madam Santiago's instruction. 
