7,000 same-sex couples tied the knot in France last year

PARIS  - About 7,000 same-sex couples tied the knot in France last year after gay marriage was legalised in May, the national statistics agency said Tuesday.

France legalised same-sex marriage after months of intense and sometimes violent protests, in keeping with an election pledge by Socialist President Francois Hollande, who faced a huge backlash from the opposition right and the powerful Catholic Church.




Same-sex unions made up around three percent of the total number of 238,000 marriages registered in France in 2013, the Insee statistics agency said.

Three out of every five gay marriages involved male couples, it said.

The average age at which male gay men got married was 50, while it was 43 for women. The corresponding average age for heterosexual couples was 37 and 34.

The first gay marriage in France was held on May 29 in the southern city of Montpellier, which has a gay-friendly reputation.

But many die-hard conservatives have continued to oppose the measure. Some mayors argue that the lack of an option not to perform gay marriages violates the French constitution, which stipulates that freedom of conscience is a fundamental human right.

Several have refused to conduct gay marriages on the grounds it goes against their beliefs, but the Constitutional Council, France's top court, has ruled they cannot do this.

source: interaksyon.com

Sec 19 of Cybercrime Law opens up Internet to ‘cyber frame-ups’, experts say

MANILA, Philippines — The administrator of the Facebook page called Pixel Offensive, which posts graphics containing statements against the Cybercrime law, woke up Friday morning and received news that the Manila Bulletin website was defaced the day prior, and has been redirecting users to his page.

“Nagulat talaga ako, (I was surprised)” the page administrator told InterAksyon.com in a phone interview. “Ang concern namin, baka kami ang ituro na kami ang nag-hack (Our immediate concern is, they might think it was us), and that might indirectly trample on our right to freedom of expression.”

Pixel Offensive is a group of graphic artists which, in the past week, has been producing graphic materials and statements calling for the repeal of certain provisions in the Cybercrime Prevention Act.

One of their graphics, which parodies the popular Darwinian theory of evolution, has been used by torrent hosting site The Pirate Bay in expressing support for Filipinos rallying against the new law.

According to a report posted by a blogger named Bon Talampas, the Manila Bulletin homepage on Thursday automatically redirected to the Pixel Offensive page upon access. Based on his screenshot, the title bar also bore the words “Remove R.A. 10175.”

Other local media websites, such as that of Tempo and Balita, were also hacked and carried the same title bar but not the redirect.

The Pixel Offensive admin was adamant about the apparent frame-up, calling the move a “diversionary tactic” by people aiming to break up the Anti-Cybercrime Law protesters.

“We categorically deny the hacking. We support the media, and we fight for the freedom of expression, but that doesn’t mean that we’d hack into websites,” the admin said.

“Hacking is a form of resistance, but we only do graphics here in Pixel Offensive, we’re using visuals as a form of resistance,” he added.

The ‘prima facie’ problem

The Pixel Offensive incident succinctly highlights the danger of Sec. 19 of the Cybercrime law, according to lawyer and netizen Atty. Francis Acero, because it relies merely on prima facie evidence for the Department of Justice (DOJ) to issue a restrict or block order against a certain website.

Prima facie has been regarded as the lowest standard of evidence by legal experts, since it allows for assessment of evidence merely at face value. By merely appearing to have committed a cybercrime, the DOJ, which the new law has given “powers already outside its usual jurisdiction”, can issue an order restricting or blocking access to a system or website.

“It’s a perfect illustration of the danger that could happen with that takedown provision,” Acero said. “Anyone who has an axe to grind with Pixel Offensive could have easily done that.”

In an earlier interview, digital forensics expert Drexx Laggui said prima facie evidence is easily faked particularly using computers, since the nature of the digital world is far more nebulous than the physical realm.

“A highly skilled person who wants to frame another person could just create a lot of prima facie evidence against him, or an entire community of people,” he pointed out, adding that computer crimes need more thorough investigation in order to pinpoint the perpetrators behind them.

With the new Cybercrime law, warrantless search and seizure of computer data and website can therefore become more widespread since the online environment allows for easy fabrication of prima facie evidence.

Cyber frame-ups

Recent incidents actually prove Laggui right. In July, the National Bureau of Investigation was able to uncover a “sophisticated, vicious, and concerted” cyber attack against a Canadian mining firm operating in Mindanao, which involved thorough fabrication of company documents to purport murder and other crimes against small-scale miners in Zamboanga del Sur.

In the case, the NBI concluded that “the purported emails could not have originated from TVIRD or any of its officers or employees,” and suggested the filing of libel and falsification of private documents charges against the suspects.
Just this week, the data-processing servers of the Department of Science and Technology’s Project NOAH (Nationwide Operational Assessment of Hazards) fell victim to a distributed denial-of-service (DDoS) attack, momentarily crippling its weather analysis operations.

The attack occurred at the same time that local hacktivists, in protest of the Cybercrime law, were launching massive DDoS offensives against several government websites , making them apparent culprits for the Project NOAH attack.

Local hacktivist groups, however, denied any involvement in the attack.

The DOJ had already ordered the NBI to go after the hacktivists involved in the string of defacements and DDoS attacks leveled against government websites, pursuant to the new Cybercrime law, which punishes hacking and misuse of hacking devices.

Laggui, however, pointed out that there could be wisdom in the inclusion of Section 19 in the Cybercrime law, but only in “exigent circumstances.”

“There are cases where data or evidence are in very real danger of being deleted or purged, or where somebody’s life is in danger, so [acting merely on prima facie evidence] in this case could be justified,” Laggui said.

“But it should be clarified in the implementing rules and regulations, that it should only apply for those circumstances,” he added.

source: interaksyon.com 

New Internet Law Gets Hostile Reception in Philippines

MANILA — A new Internet law that took effect in the Philippines on Wednesday could lead to imprisonment for common activities like sharing Facebook and Twitter posts, critics say.

The new law, the Cybercrime Prevention Act of 2012, which was signed by President Benigno S. Aquino III on Sept. 12, sets penalties for several computer-related crimes, including child pornography, identity theft, online fraud and illegally accessing computer networks. 

But critics are concerned about the law’s provisions related to libel, which in the Philippines is a criminal offense that can result in imprisonment. Harry S. Roque, president of Media Defense South East Asia, an advocacy organization, said the law applied the existing legal definition of libel to the online activities of individuals, meaning that if a comment on Facebook or Twitter were deemed libelous, the writer of the item and those who shared it could be prosecuted. 

“It exposes Internet users to prosecution,” said Mr. Roque, a law professor at the University of the Philippines. “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.” 

“The Philippines has been a leader in Internet freedom,” Mr. Roque continued. “This law makes the Philippines at par with other oppressive regimes in Southeast Asia that imprison and intimidate bloggers.”

There has been considerable public outcry against the law in the weeks leading up to its implementation. Hackers have attacked the Web sites of the president, both houses of Congress and a variety of government agencies. On Wednesday, some Facebook users replaced their profile pictures with black silhouettes and bloggers created blank posts to protest the law, while others took to the streets, staging a demonstration in front of the Supreme Court. 

Some government offices have also struggled with the new law. “Foul words against our police officers can be used as evidence now to file a case against you in a court of law,” a post by the Philippine National Police on its official Facebook page read Monday, in response to a negative comment by a visitor to the site. Police officials later apologized and removed the post. 

Philippine senators who voted for the law, many of whom are up for re-election next year, have been scrambling to address critics’ concerns. Some senators have had to admit that they did not actually read the law before voting for its passage. Senator Francis G. Escudero acknowledged on Tuesday on his Web site that he had not read the provision of the law dealing with online libel, but said he had introduced a bill to decriminalize libel. 

Senator Edgardo J. Angara, who voted for the new law, said Wednesday — the same day he filed his certificate of candidacy for re-election — that he supported amending the legislation. 

“Not all the laws that we pass are perfect,” Mr. Angara told reporters. “At least in this case we are responsive.” 

A spokesman for Mr. Aquino sought Wednesday to calm public fears after the barrage of protests and an announcement by Justice Secretary Leila de Lima that her department would be hiring 150 investigators to enforce the new law. 

“Our Constitution is clear and uncompromising in the civil liberties it guarantees all our people,” said the spokesman, Edwin Lacierda. “As the basic law, its guarantees cannot, and will not, be diminished or reduced by any law passed by Congress.” 

At least nine petitions have been filed with the Supreme Court seeking a temporary restraining order to prevent the prosecution of anyone under the law. The court has said it will rule on the matter next week. 

In a study released before the law was passed, the American group Freedom House ranked the Philippines sixth in the world in terms of Internet freedom. 

source: nytimes.com

Journalists join fray with e-petition against Cybercrime Law

In a case of the medium being the message, more than 200 journalists and media groups on Wednesday submitted an electronic petition (e-petition) to the Supreme Court, asking it to nullify the controversial Cybercrime Prevention Act.

The e-petition, the first ever of its kind, was filled by members of the National Union of Journalists of the Philippines, the Philippine Press Institute and the Center for Media Freedom and Responsibility.

"While many individuals and groups have already submitted petitions asking the High Court to nullify parts of it or junk it altogether, we believe it is necessary for the SC to hear as many voices as possible, including that of the media community, which uses the Internet as a news platform, relies heavily on electronic communication and whose members are very active in the social media," said NUJP secretary general Rowena Paraan in a letter.

Though the petitioners went through the usual process of submitting hard copies of the petitions to the Supreme Court, they also circulated the e-petition online and invited interested signatories to participate by clicking on a link and filling out an online form.

"This petition is filed, partly as an electronic document, because some of the petitioners are based outside of Metro Manila, with others based outside the Philippines," the petitioners said.

The petitioners included 20 media organizations and 250 journalists and media practitioners.

Signatories to the petition included journalists from GMA News, GMA News Online, ABS-CBN/ABS-CBNNews.com, Rappler.com, Mindanews, Philippine Daily Inquirer, Interaksyon.com, SunStar, Daily Tribune, Malaya/Business Insight, VERA Files, Far Eastern Broadcasting Corporation, Philippine Center for Investigative Journalism, Center for Community Journalism and Development, Peace and Conflict Journalism Network Philippines, Philippine Center for Photojournalism, among others.

Named respondents in the petition were the executive secretary and the respective secretaries of the Departments of Justice, Interior and Local Government, and Budget and Management; as well as the respective heads of the Philippine National Police and the National Bureau of Investigation.

The Cybercrime Prevention Act came into effect on Wednesday.

The petition

In their 27-page petition, the journalists wanted the High Court to declare as unconstitutional, if not the law in its entirety, at least the following sections of the Cybercrime act:

- Sec. 4(c)(4) (Libel); Sec. 5(a) (Aiding or Abetting in the Commission of Cybercrime); Sec. 6 (inclusion of all felonies and crimes within coverage of the law), which the petitioners said violates the freedom of expression.

- Sec. 7 (Liability under Other Laws), which they said violates a person's constitutional guarantee of protection against double jeopardy.

- Sec. 12 (Real-Time Collection of Traffic Data), which violates a person's right to privacy of communication and correspondence.

- Secs. 14 (Disclosure of Computer Data) and 15 (Search, Seizure and Examination of Computer Data), 19 (Restricting or Blocking Access to Computer Data), and 20 (Non-Compliance), which is allegedly in violation of the separation of powers "as judicial powers are unduly delegated to the secretary of Justice, PNP, and the NBI."

- Sec. 24 (Cybercrime Investigation and Coordinating Center) and 26(a)(Powers and Functions), which give the Cybercrime Investigation and Coordinating Center the power to formulate a national cybersecurity plan. 

The petitioner argued this power should properly fall within the authority of Congress and not an administrative agency.

They also said the specific provisions "unlawfully delegate" to police officers the authority to issue orders that should only be "within the scope and sphere of judicial powers and where non-compliance is penalized as a crime."

The petitioners wanted the court not only to prohibit the respondents from implementing the law, but also to prohibit them from formulating the accompanying Implementing Rules and Regulations.

The petitioners said giving the Department of Justice and Department of Interior and Local Government the authority to promulgate the implementing rules and regulation (IRR) would be an "unlwaful delegation of legislative powers and result in arbitrariness."

"The petitioners stand to suffer grave and irreparable injury with no speedy or adequate remedy at law," they said.

They also said the implementation should be stopped because public funds to be appropriated under the law could be wasted in case the law is eventually annulled. — DVM, GMA News

source: gmanetwork.com

Anti-cybercrime law to test Sereno court’s tech knowledge, independence

The controversy over the Cybercrime Prevention Act will serve as the first test for the Supreme Court (SC) under Chief Justice Maria Lourdes Sereno, lawyers said Tuesday.

Lawyer Argee Guevarra of the Philippine Internet Freedom Alliance said the petitions filed before the high court questioning the constitutionality of Republic Act (RA) 10175 will gauge how much the SC justices can appreciate modern forms of communication.

“It requires a lot of comprehension of how these technologies work to be able to come up with an intelligent decision on these petitions. I doubt if our justices even have Facebook or Twitter accounts,” Guevarra said in a phone interview.

He added that senior justices may have to seek the help of some “friends of the court” to be able to have sufficient grasp of the Internet, which is at the center of the controversy involving the Anti-Cybercrime Law.

“Siguro dapat silang maghanap ng younger lawyers who have the expertise on e-commerce to help them understand the intricacies of this technology,” the lawyer said.

Guevarra further said that Sereno—the youngest SC chief justice to be appointed in this century—will definitely play a key role in the deliberations on the constitutionality of RA 10175.

“She [Sereno] can identify well with these new technologies because of her youth. More senior justices, however, may have traditional views on these new forms of media. The chief justice should be able to help bridge this generation gap,” he said.

The SC failed on Tuesday to issue a temporary restraining order on the implementation of RA 10175 despite seven petitions already filed before the high court questioning the law’s constitutionality.

Because of this, the Cybercrime Prevention Act—which gives the government the authority to access and block certain computer data—took effect on Wednesday amid a slew of protests against it.

‘No need to be tech-savvy’

Lawyer Theodore Te, who teaches criminal law at the University of the Philippines, meanwhile said that the SC justices do not necessarily have to be tech-savvy to be able to rule correctly on the petitions against RA 10175.

“They [the justices] just have to be aware that this totally new platform exists, and to determine if online expression should be governed by the same constitutional guarantees that govern traditional forms of expression,” he said in a separate interview.

He however agreed that questions on the constitutionality of the Cybercrime Prevention Act will be the “first important test” of Sereno’s leadership of the high court.

“She [Sereno] is leader of the court. I would expect that she would set the direction on how the court will rule on this,” he said.

On Saturday, constitutionalist Fr. Joaquin Bernas, SJ, also said in a blog post, that the SC’s decision on petitions against the anti-cybercrime law “should tell us more about the mind of the new chief justice.”

Bernas also described the new law as “frightening” due to threat it poses on freedom of expression and on the privacy of communication.

A test of independence

Guevarra, for his part, also considers the controversy surrounding RA 10175 as a test of Sereno’s independence.

“The vote of the chief justice will be indicative of her mindset, whether she is progressive or will she just toe the administration’s line,” he said.

“Would the chief justice interpret the law based on jurisprudence or just agree with Malacañang’s pronouncements that this law is good for us?” he added.

Sereno, who was appointed by President Benigno Aquino III as the first woman chief justice last August, has repeatedly vowed to be independent throughout her 18-year term.

The chief justice had also promised to make the SC more technologically savvy, saying the Philippines’ young population is no longer shaped by school, family, and traditional media, but by the "insistent and intrusive influence of social media.” — DVM, GMA News

source: gmanetwork.com

National Heroes Day

MANILA, Philippines — The nation celebrates National Heroes’ Day and this annual event acknowledges the contributions of all the men and women (known and unknown) who dedicated their lives and work for Philippine freedom and development. National Heroes’ Day was initially celebrated on November 30 which coincides with the Birth Anniversary of Andres C. Bonifacio, Founder of the Katipunan. By virtue of Proclamation No. 295 signed in 2011, National Heroes’ Day is now celebrated every fourth Monday of August.

The National Historical Commission of the Philippines, which leads this year’s celebration, will be joined by other government agencies and non-government organizations in its various activities. Highlights of the event will be wreath-laying ceremonies at the Libingan ng mga Bayani in Fort Bonifacio, Taguig City, at 8 a.m. today. The activity will be replicated nationwide in various cities and municipalities.

The Department of Education is encouraging all public and private schools to highlight the courage and patriotism of our national heroes in their classroom discussions and other related activities in subject areas such as Sibika at Kultura, Hekasi, Araling Panlipunan, Values Education, Music, Arts, Physical Education and Health, Filipino, and English. Teachers have been conducting classroom essay writing, drawing, storytelling, and oratorical contests and debates, showcasing values, heroism, nationalism, patriotism and love of country which were exhibited by the heroes during trying periods of this country.

As we celebrate National Heroes’ Day, let us remember the heroes who are not with us anymore, let us honor our modern-day heroes, including our Overseas Filipino Workers.

We greet the National Historical Commission of the Philippines and its Board of Commissioners, headed by its Chairperson, Dr. Maria Serena I. Diokno, and Board Members Fe Buenaventura-Mangahas, Dr. Rene R. Escalante, Dr. Ferdinand C. Llanes, and Dr. Abraham P. Sakili and other Officers, in their continuing effort of preserving the memory of our national heroes. CONGRATULATIONS AND MABUHAY!

article source: mb.com.ph

Malaysians mount Web ‘blackout’ to protest law

KUALA LUMPUR — Malaysian NGOs, well-known bloggers and opposition politicians on Tuesday staged a one-day “Internet blackout” to protest a legal amendment that they say threatens free expression on the Web.

Participants replaced their home pages with black screens featuring messages attacking the new section of the Evidence Act, which went into effect in April despite widespread opposition.

Critics say under the amendment any web host, provider of a wi-fi network, or ordinary user of a computer or mobile device can be found liable for any defamatory or harmful Web content sent via its systems.

Activists have called it an attempt by the ruling coalition government, which has been in power for more than five decades, to clamp down on the Internet.

Prime Minister Najib Razak must call elections by next year against a formidable opposition that gets most of its message out via the Internet due to a government stranglehold on traditional media.

The government promised in the 1990s not to censor the Internet in a bid to draw in foreign high-tech investment, although authorities are accused of blocking some sites.

The effort has been spearheaded by Malaysia’s Centre for Independent Journalism, which calls the amendment “a bad law passed in haste and does not take into account public interest and participation.”

The CIJ and other critics — which also have included some figures in the ruling coalition — have called for it to be scrapped or revised.

The 24-hour blackout was to last until midnight.

Users attempting to access Paultan.org, a highly popular automotive-themed blog, were greeted with a black pop-up screen that said: “This is what the web could look like” under the legal change.

Malaysia has long been known for its authoritarian rule but Najib, who came to power in 2009, has launched a campaign to repeal some repressive laws to gain voter support.

However, the opposition and rights groups have dismissed the drive as a sham, saying that various laws introduced to replace the previous legislation have been little better than the old statutes.

source: interaksyon.com