Social media laws are not so social

In the Philippines, a new internet law has come into effect which could potentially lead to imprisonment for sharing Facebook and Twitter posts.

The Cybercrime Prevention Act has been introduced as a measure against computer related crimes such as child pornography, identity theft, hacking and spamming. However, there are concerns over an element of the Act related libel, which is a criminal offence that can result in imprisonment for up to six years. This part of the Act gives government agencies the right to search for and destroy computer data which is deemed libellous. 

According to Harry Roque, a law professor at the University of the Philippines, the law “exposes internet users to prosecution,'' he said. ''You can be sued. You can be forced to post a bond. You will need to get a lawyer. You can imagine the mayhem this can cause.''

Meanwhile, in Australia, politicians are in the process of creating a national social media policy. This is in response to fears that comments made on social media websites in regards to the Jill Meagher case could potentially jeopardise the trial. Initially Facebook refused to take down hate pages which were created against the man accused of Jill’s murder, but then later in the week Facebook removed the pages.

It’s about time that Australia’s laws kept up with the rise of social media. However, we can see from the new law in Philippines and from Australian Police asking Facebook to remove hate pages that freedom of speech is being largely supressed in social media. I accept that in the Jill Meagher case, social media comments could jeopardise the case, however, it must be realised that what people are saying on social media, is a reflection of what is being said in real life conversations anyway.

Like most things, social media will need some boundaries to keep members of the community staying within the law. Therefore laws which prevent online child pornography, identity theft, hacking, spamming and bullying should be blueprinted without hesitation. However, such laws should not supress freedom of speech.

What do you think of the new Philippines law and upcoming Australian national social media policy?