From the Humpty Dumpty New World Dictionary:
- Idiot: (noun) A person
with a good education who applies it poorly.
The top cop in the
Philippines is Justice Secretary De Lima. Well, she is in control of the attack
dogs, the investigators, the public dicks, the prosecutors. DILG Secretary Roxas is the top uniformed
cop, the guy with the big baton and huge police force. Throw in the army under
Secretary of National Defense Gazmin and we have all the muscular power and
might of the Philippine State. It is huge. It is ready to pounce.
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Sottocopied from Raissa's Top Blog |
It is lined up
against some skinny guy in a small room with a computer and a keyboard typing words
that fly out of his brain as he does his best to agitate for a better
Philippines.
The nation that shot
an educated, sophisticated, articulate and passionate Dr. Jose Rizal for
expressing opinions is at it again, at
its crude best.
Expression and
oppression. The beauty and the beast. The free and the fear-inspiring.
Here is what Justice
Secretary De Lima had to say about the new Cybercrime Law:
- “On a finer
legal point, no legislator can unilaterally ask for a suspension of a law
nor can we decide to suspend. . .On the ground, we will just be judicious
on the first few cases to allay fears of abuse or excesses in the exercise
of such power and also to gain trust." [Inquirer]
So the government's
stand on this law is clear:
Never mind that laws
are written in black and white to protect citizens. That is the whole purpose
of the Constitution. It is not written
in the warm fuzziness of trust.
- Constitution, Article III, Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.
I'm not an attorney, but i know when a law is suggesting ordinary people sit down and shut up and be obedient to their betters. The black and white of the Cybercrime Law is scary.
And by being scary, it has the power to oppress and suppress simply having been
written.
Look at how many
commenters are asking, "can I say this now?"
- "Can I
say that Senator Sotto is an idiot?"
- Joe knows.
Senator Sotto is an idiot. An idiot is a man who studied Dr. Rizal's works
yet does not grasp how oppression works, with the powerful intimidating and arresting the powerless. He inserted the libel section of the law. He whined about cyber-bullies.
Well, that's what
Senator Sotto and other privileged lawmakers want. They want people to
question, to think one more time, to error on the side of judiciousness. To
edit out harsh words. They want protection for the powerful from the people.
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The One and Only |
They want the Philippines to be a nation of disingenuous sweet words where candor and hot opinion
are censored from the public's mouth as if they were overgrown warts carved off
the noses of hypersensitive legislators.
Who, really, are we
protecting with the libel, snoop and "unplug'em" provisions of the
Cybercrime Law? Are we protecting children? Women? The innocent and the
helpless? Scam victims? Predator victims?
No. We are
protecting the powerful who fear that their power is at risk from some skinny guy with a computer typing "Senator Sotto has no ethical clothes!!!" We are
protecting the Good Senator and his colleagues from bullying by the millions of
poverty stricken Filipinos and the only advocates they have, bloggers and columnists.
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Time to crack down on perverts and bloggers, eh? |
President Aquino,
following his tried and true pattern of being the mouthpiece for his staff's
questionable findings, fell into line on the law, too, with a good amount of
equivocating wobble to cover his tender bases:
“We believe that we need to really address crimes that are
not clearly covered by laws. But let me repeat, maybe on (online) libel, I’m
not in favor of removing (the provision). For example, if you write something
and it is libelous, you have a liability. If you’re a broadcaster on radio and
TV, you also have responsibility. If what you said was libelous, even on the
Internet, maybe it’s still libelous. . . .if what you said was wrong, maybe the
one aggrieved or whose rights were impinged should have redress. . . . "
"Rights are always bounded when it impinges on
the rights of others. So if the penalties are excessive, have them amended. If
some of the procedures are arbitrary, there are (implementing rules and
regulations) yet so we can include (provisions) to avoid abuse of the powers
that the state will be exercising." [PhilStar]
Maybe this, maybe that. Somehow I am not
feeling any lessening in the "chilling effect" that the law imposes.
I am hearing people
. . . leaders . . . largely tone-deaf as to the most fundamental right its
citizens have. The right to speak openly and freely. To opine. To use language that bites
or stings. To advocate for progress by ripping to shreds those who would stand in
the way. To call names and issue non-violent threats. "You'll be out of office
in 2016, Bubba Sotto!"
Sharp, unkind words.
For effect. Like these:
- The
President is an idiot if he thinks this law will garner more investments for the
Philippines.
- The
President is an idiot if he thinks tourism will increase because of the protections
this law imposes.
- The
President is an idiot if he thinks this law will promote the kind of vibrant discussion
that is necessary to bring the Philippines into the modern era of good
governance, productive processes and constructive social values.
- The
President is an idiot if he thinks this law will advance his advocacy for a better,
more honest Philippines.
- The
President is an idiot if he thinks a lot of educated people around the globe will NOT arrive at the
conclusion "Ah, yes, the Philippines. That's the Banana Republic of
Asia, right?"
This is a law with
scant protections for little people. The protections for the little people,
those of us without attorneys in the closet to advise us on when we are
vulnerable to libel charges or having our internet unplugged, is "trust
us".
Let's be perfectly
clear here. The Cybercrime libel protections are for powerful people with the money to file a
libel case and a raft of lawyers at their disposal. People with the authority to shut off criticism simply by filing a
charge.
The protection is
for Senator Sotto. It is not for JoeAm. Or Raissa. Or benigno. Or Ellen. Or
Noemi. Or Angela. Or Cocoy. Or Rappler columnists.
It is not for Jose dela Cruz, whose family will sit down tonight to another meal of salt on rice.
It is protecting the very same people who are inadequate to the task of putting meat on Jose's plate.
Inadequate to the task of passing an RH Bill. Inadequate to the task of passing a Freedom of Information Bill.
Bloggers have
learned to deal with criticisms that are loud and emotional and insulting and even erroneous. It is their job. It is the nature of the environment they
agree to work in. The words fly because they are sparks from the friction of
new ideas grinding against old ones that don't work. Sparks of enlightenment. Sparks of progress.
And Senator Sotto is
an idiot because an idiot does not grasp that it is HIS job to listen to
complaints and insults from the people he represents. Within those complaints and insults are legitimate thoughts and passions that ought to be understood, not crammed into jail.
The defenders of
this monstrosity of totalitarian intimidation have not a clue as to the grace
and wisdom of Jose Rizal or Thomas Jefferson. They've gone to the best schools
in the world, many in the United States. They have studied law and passed the
bar. They have more diplomas on the wall than Jose has plates in the cupboard.
And they are
stunningly tone deaf about democracy requiring OPEN DOORS to expression. Not
doors with huge, muscular body guards standing by with batons and telescopes
and listening devices and pliers to snip the internet lines, determining who
can pass through.
Look all you idiot
bubba legislators, if there is an error in legal renditions the error MUST BE
IN FAVOR OF THE LITTLE PEOPLE. Not the powerful.
Yank the obscene
libel provisions and the right to unplug sites without warrant and get on with
protecting children and scam victims and predator targets and the real people
who need your help.
Stop your outrageous
self dealing as if you were equal in vulnerability to a child being dealt naked
and violated into the porn market.