Republic Act No. 10175 - Cybercrime Prevention Act of 2012

The Cybercrime Prevention Act of 2012, officially recorded as Republic Act No. 10175, is a law in the Philippines approved on September 12, 2012. It aims to address legal issues concerning online interactions and the Internet in the Philippines. Among the cybercrime offenses included in the bill are cybersquatting, cybersex, child pornography, identity theft, illegal access to data and libel.


It recognizes the vital role of information and communications industries such as content production, telecommunications, broadcasting electronic commerce, and data processing, in the nation’s overall social and economic development.



Salient features of Cybercrime Prevention Act of 2012:

1. Punishable acts: (1) offenses against the confidentiality, integrity and availability of computer data and systems such as illegal access, illegal interception, data interference, system interference, misuse of devices and cyber-squatting, (2) computer-related offenses such as forgery, fraud and identity theft, (3) content-related offenses such as cybersex, child pornography, unsolicited commercial communication and libel, and (4) other offenses such as aiding or abetting, and attempt in the Commission of Cybercrime.

2. Offenses 1 and 2 shall be punished with imprisonment of prision mayor or a fine of at least Two hundred thousand pesos (PhP200,000.00) up to a maximum amount commensurate to the damage incurred or both

3. Misuse of devices shall be punished with imprisonment of prision mayor or a fine of not more than Five hundred thousand pesos (PhP500,000.00) or both

4. If offense 1 are committed against critical infrastructure, the penalty of reclusion temporal or a fine of at least Five hundred thousand pesos (PhP500,000.00) up to maximum amount commensurate to the damage incurred or both, shall be imposed.

5. Cybersex shall be punished with imprisonment of prision mayor or a fine of at least Two hundred thousand pesos (PhP200,000.00) but not exceeding One million pesos (PhP1,000,000.00) or both.

6. Child pornography shall be punished with the penalties as enumerated in Republic Act No. 9775 or the “Anti-Child Pornography Act of 2009”: Provided, That the penalty to be imposed shall be one (1) degree higher than that provided for in Republic Act No. 9775, if committed through a computer system.

7. Unsolicited commercial communication shall be punished with imprisonment of arresto mayor or a fine of at least Fifty thousand pesos (PhP50,000.00) but not exceeding Two hundred fifty thousand pesos (PhP250,000.00) or both.

8. Offense 4 shall be punished with imprisonment one (1) degree lower than that of the prescribed penalty for the offense or a fine of at least One hundred thousand pesos (PhP100,000.00) but not exceeding Five hundred thousand pesos (PhP500,000.00) or both.

9. The Act creates a new inter-agency body for policy coordination.

10. Law enforcement authorities, with due cause, shall be authorized to collect or record by technical or electronic means traffic data in real-time associated with specified communications transmitted by means of a computer system.

11. The integrity of traffic data and subscriber information relating to communication services provided by a service provider shall be preserved for a minimum period of six (6) months from the date of the transaction.
12. Content data shall be similarly preserved for six (6) months from the date of receipt of the order from law enforcement authorities requiring its preservation.

13. The Act makes a distinction between subscriber information and traffic data

14. Attempts to do the punishable acts listed above are now punishable.

http://www.gov.ph/2012/09/12/republic-act-no-10175/

The law became controversial because it claims to be about fighting child pornography, identity theft and file sharing when there are larger issues at stake in the language. The libel provision is the most controversial to the point that people could be punished for negative comments toward the police or government through internet, social media such as Facebook. The ban on adult pornography and file-sharing is an assault on free speech in a different form, after all.

Cybercrime is a criminal activity that entails the use of a computer system, computer technology, or the internet. Almost everyone uses the internet. Cybercrime can happen anytime. Libel is one of the punishable acts under the law so intentional bullying through the internet is a crime. I do experience a lot of bullying during my early teenage days since I am also a victim. I receives degrading words and also fake accusations that made me cry. I am an antisocial person before, still now too, so I kept it to myself and I knew that we were just kids back then. I realized now that cybercrime law is around, I used social media less. If I post, reply or message anyone, I think before I write.