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House Bill 5 deemed unconstitutional

Western Chosetus

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on: February 10, 2019, 10:36:42 PM
House Bill 5 is unconstitutional and as such is an invalid law. The bill also has multiple flaws leaving a lot open to interpretation. It also assigns judicial rules to ministry of communications which is NOT their role and they should not get the ability to punish citizens without a trial. Even with a trial it is not the role of communications to decide on punishments for criminal offences.


Renegalle

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Reply #1 on: February 10, 2019, 10:41:03 PM
I will agree that it violated Section B, clause 4 of the Constitution; however there is nothing that makes it totally up to the Ministry of Communications to decide on a punishment, in fact the following clause specifies that a trial does in fact have to be held:

Bill 5: 3.2. If the individual or organization fails to remove or correct the infringing content within the time limit prescribed in the notification issued to them, they shall have committed the crime of false reporting or slander and a Court case may be brought against them.

Additionally, if the Court deemed the Ministry's judgement to be incorrect they could simply declare the person innocent.

Either way though it did violate the Constitution, so I agree with your final judgement.