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.
Monday, July 25, 2016
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Mam Kat, with this law, can you say that it made a significant difference towards cybercrimes?
ReplyDeleteIsaac, Maybe it made a significant towards cybercrime. At least, today you can file a case about cybercrime if you became a victim in internet and that's good for our generation specially for us that mostly using the internet.
DeleteMa'am. Are you sure that they can destroy cybercrime in our country with this law?
ReplyDeleteWe cannot say that we can destroy cybercrime with this law, but it aims to prevent cybercrime. In our generation many people using the internet and we cannot avoid criminals even in the internet.
DeleteRegarding this law, I must say that there is no way to fully avoid cybercrimes, but it will still be a great effort to approve of this law.I will just have to ask you what you think about this cybercrime law, because this is a blog. And this is a discussion. :)
ReplyDeleteIn my opinion, I hope this law will help to prevent cybercrimes.
DeleteI am agree to this law so many criminals using internet to do bad things like hacking.
ReplyDeleteI agree with you Joshua and I hope this law will help for our country to prevent cybercrime.
Deletewe need this law to protect specially ourselves and also we need to learn more about cybercrime to avoid any abuse using the internet
ReplyDeleteYeah, you're right Jolan :)
Deletewe need this law to protect specially ourselves and also we need to learn more about cybercrime to avoid any abuse using the internet
ReplyDeleteso Maam my question is, is it have some disadvantages to the internet owner?
DeleteThere are many disadvantages of internet and you can see it in my older post Jolan :)
DeleteI strongly agree to this law so that harrassment case will decrease
ReplyDeleteSame here Gabriel.
DeleteFor this law I am strongly agree that cybercrime law of the constitution was really need in our country especially to those people used Internet for their safety also and for this to protect human rights.
ReplyDeleteTwo thumbs up for your opinion Ruwan.
Deletei agree to this law but can we sure that those bad user is being punish?
ReplyDeleteWe sincerely hope so
DeleteOn the other side , i think mam government should also give seminars and limits on public about the healthy used of internet especially social media networking, and implying their personal info onto it. 'Cause it is a factor why there is a crime happening across it's premises
ReplyDeleteYes, you're right Jeyrald. I hope that our government educate us how cybercrimes affects our life, not only the individuals but our country also.
DeleteWhat are the punishments to those who violate this law?
ReplyDeleteIn Illegal access, your penalty is Prision mayor (imprisonment of six years and 1 day up to 12 years) or a fine of at least Two hundred thousand pesos (P200,000) up to a maximum amount commensurate to the damage incurred or BOTH.————————If committed against critical infrastructure:Reclusion temporal (imprisonment for twelve years and one day up to twenty years) or a fine of at least Five hundred thousand pesos (P500,000) up to a maximum amount commensurate to the damage incurred or BOTH.
DeleteSame penalties for Illegal interception, Data Interference, System Interference, Cyber-squatting, Computer-related Identity Theft and Attempt in the commission of cybercrime.
For Misuse of devices, same as above except fine should be no more than Five hundred thousand pesos (P500,000).
For Computer-related Forgery, Prision mayor (imprisonment of six years and 1 day up to 12 years) or a fine of at least Two hundred thousand pesos (P200,000) up to a maximum amount commensurate to the damage incurred or BOTH.
Computer-related Fraud, same as above provided, that if no damage has yet been caused, the penalty imposed shall be one (1) degree lower
Cybersex, Prision mayor (imprisonment of six years and 1 day up to 12 years) or a fine of at least Two hundred thousand pesos (P200,000) but not exceeding One million pesos (P1,000,000) or BOTH.
Child Pornography, Penalty to be imposed shall be one (1) degree higher than that provided for in Republic Act 9775, if committed through a computer system
For Libel, Penalty to be imposed shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and special laws, as the case may be.
And for Corporate Liability, For sanctioned actions, Juridical person shall be held liable for a fine equivalent to at least double the fines imposable in Section 7 up to a maximum of Ten million pesos (P10,000,000).For neglect such as misuse of computer resources that resulted to cybercrime committed in organization physical or virtual premises or resources, juridical person shall be held liable for a fine equivalent to at least double the fines imposable in Section 7 up to a maximum of Five million pesos (P5,000,000).Criminal liability may still apply to the natural person.
I don't know if I listed all the penalties, but it will inform you what penalties you can get when you did not follow the cybercrime law.
mam trashtalk is a kind of cybercrime??
ReplyDeleteNoel, I think it depends on what you said because there are some words that can degrade someone that leads to cyber bullying. But Cyberbullying is not included on the new cybercrime law, but there are pending bills filed in both houses of congress on this.
DeleteI think cybercrime law is very effective because as of now most of the people now is using internet to black mail to harm other people etc.
ReplyDeleteYes, I hope cybercrime law will help to prevent cybercrimes in our country.
Deletei think that goverment should give limit or not give much information about your self in using social media networking. because its the start of another crime.
ReplyDeleteI think it depends on the user not the government Alyssa. You should know at yourself how to take care of information about yourself. Think before you click and give an information to unknown application. It all starts in ourselves how to prevent from the criminals in the internet.
Deletehi ma'am, can the Republic Act No. 10175, also known as the Cyber Crime Law really solve or decrease the case of cyber crime here in the Philippines?
ReplyDeleteI really hope so, Angelo because today cybercrimes in the Philippines increases every year.
DeleteIf you are proven guilty. How many months or years imprisonment?
ReplyDeleteIt depends on cybercrime you did. I listed above the penalties you can get in violating the rules. It's Justin's question.
DeleteWhat are the Common forms of cybercrime ? And what are the punishments if ever you violate it ? Is there any consideration regarding on the Age of the Person who violate it ?
ReplyDeleteTypes of Cybercrime included in cybercrime law of the Philippines
Delete1. Illegal access
Unauthorized access (without right) to a computer system or application.
2. Illegal interception
Unauthorized interception of any non-public transmission of computer data to, from, or within a computer system.
3. Data Interference
Unauthorized alteration, damaging, deletion or deterioration of computer data, electronic document, or electronic data message, and including the introduction or transmission of viruses.Authorized action can also be covered by this provision if the action of the person went beyond agreed scope resulting to damages stated in this provision.
4. System Interference
Unauthorized hindering or interference with the functioning of a computer or computer network by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data or program, electronic document, or electronic data messages, and including the introduction or transmission of viruses.Authorized action can also be covered by this provision if the action of the person went beyond agreed scope resulting to damages stated in this provision.
5. Misuse of devices
The unauthorized use, possession, production, sale, procurement, importation, distribution, or otherwise making available, of devices, computer program designed or adapted for the purpose of committing any of the offenses stated in Republic Act 10175.Unauthorized use of computer password, access code, or similar data by which the whole or any part of a computer system is capable of being accessed with intent that it be used for the purpose of committing any of the offenses under Republic Act 10175.
6. Cyber-squatting
Acquisition of domain name over the Internet in bad faith to profit, mislead, destroy reputation, and deprive others from the registering the same. This includes those existing trademark at the time of registration; names of persons other than the registrant; and acquired with intellectual property interests in it.Those who get domain names of prominent brands and individuals which in turn is used to damage their reputation – can be sued under this provision.Note that freedom of expression and infringement on trademarks or names of person are usually treated separately. A party can exercise freedom of expression without necessarily violating the trademarks of a brand or names of persons.
7. Computer-related Forgery
DeleteUnauthorized input, alteration, or deletion of computer data resulting to inauthentic data with the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless whether or not the data is directly readable and intelligible; orThe act of knowingly using computer data which is the product of computer-related forgery as defined here, for the purpose of perpetuating a fraudulent or dishonest design.
8. Computer-related Fraud
Unauthorized input, alteration, or deletion of computer data or program or interference in the functioning of a computer system, causing damage thereby with fraudulent intent.
9. Computer-related Identity Theft
Unauthorized acquisition, use, misuse, transfer, possession, alteration or deletion of identifying information belonging to another, whether natural or juridical.
10. Cybersex
Willful engagement, maintenance, control, or operation, directly or indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or consideration.There is a discussion on this matter if it involves “couples” or “people in relationship” who engage in cybersex. For as long it is not done for favor or consideration, I don’t think it will be covered. However, if one party (in a couple or relationship) sues claiming to be forced to do cybersex, then it can be covered.
11. Child Pornography
Unlawful or prohibited acts defined and punishable byRepublic Act No. 9775 or the Anti-Child Pornography Act of 2009, committed through a computer system.
12. Libel
Unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended committed through a computer system or any other similar means which may be devised in the future.Revised Penal Code Art. 355 states Libel means by writings or similar means. — A libel committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means, shall be punished by prision correccional in its minimum and medium periods or a fine ranging from 200 to 6,000 pesos, or both, in addition to the civil action which may be brought by the offended party.The Cybercrime Prevention Act strengthened libel in terms of penalty provisions.
The electronic counterpart of libel has been recognized since the year 2000 when the E-Commerce Law was passed. The E-Commerce Law empowered all existing laws to recognize its electronic counterpart whether commercial or not in nature.
13. Aiding or Abetting in the commission of cybercrime – Any person who willfully abets or aids in the commission of any of the offenses enumerated in this Act shall be held liable.
14. Attempt in the commission of cybercrimeAny person who willfully attempts to commit any of the offenses enumerated in this Act shall be held liable.
15. All crimes defined and penalized by the Revised Penal Code, as amended, and special laws, if committed by, through and with the use of information and communications technologies shall be covered by the relevant provisions of this Act.
In Illegal access, your penalty is Prision mayor (imprisonment of six years and 1 day up to 12 years) or a fine of at least Two hundred thousand pesos (P200,000) up to a maximum amount commensurate to the damage incurred or BOTH.————————If committed against critical infrastructure:Reclusion temporal (imprisonment for twelve years and one day up to twenty years) or a fine of at least Five hundred thousand pesos (P500,000) up to a maximum amount commensurate to the damage incurred or BOTH.
DeleteSame penalties for Illegal interception, Data Interference, System Interference, Cyber-squatting, Computer-related Identity Theft and Attempt in the commission of cybercrime.
For Misuse of devices, same as above except fine should be no more than Five hundred thousand pesos (P500,000).
For Computer-related Forgery, Prision mayor (imprisonment of six years and 1 day up to 12 years) or a fine of at least Two hundred thousand pesos (P200,000) up to a maximum amount commensurate to the damage incurred or BOTH.
Computer-related Fraud, same as above provided, that if no damage has yet been caused, the penalty imposed shall be one (1) degree lower
Cybersex, Prision mayor (imprisonment of six years and 1 day up to 12 years) or a fine of at least Two hundred thousand pesos (P200,000) but not exceeding One million pesos (P1,000,000) or BOTH.
Child Pornography, Penalty to be imposed shall be one (1) degree higher than that provided for in Republic Act 9775, if committed through a computer system
For Libel, Penalty to be imposed shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and special laws, as the case may be.
And for Corporate Liability, For sanctioned actions, Juridical person shall be held liable for a fine equivalent to at least double the fines imposable in Section 7 up to a maximum of Ten million pesos (P10,000,000).For neglect such as misuse of computer resources that resulted to cybercrime committed in organization physical or virtual premises or resources, juridical person shall be held liable for a fine equivalent to at least double the fines imposable in Section 7 up to a maximum of Five million pesos (P5,000,000).Criminal liability may still apply to the natural person.
I don't know if I listed all the penalties, but it will inform you what penalties you can get when you did not follow the cybercrime law.
I am not aware about the age consideration, but I think it had age consideration included in the law.
DeleteMa'am, are you sure that this law will suppress the cybercrimes in our country?
ReplyDeleteI am not so sure, but I'm hoping that it will help to prevent cybercrimes in our country.
DeleteThere is a law but is there a law enforcer?
ReplyDeleteYes, I know there is a law enforcer assigned to it maybe we are not aware of it because our government not only focuses on cybercrimes, so we are not well informed about it.
DeleteI'm favor to the law and i think this must be spread to all Filipino internet or computer user for them to became aware to the rights and responsibilities that they have. But I think this should have an update, well it is already 4 years since it was established. There must be an improvement already to the number of cyber crime cases here in Philippines, but the question is what are those?
ReplyDeleteYes, you're right. We are not aware of it because our government did give not update to us, but we're hoping that it will occur in our country.
DeleteWhat do you think is the best way for this law to be implemented? Yes, we have this law but the implementation is the biggest problem.
ReplyDeleteYes you are correct Leah, 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.
DeleteWhile hailed for penalizing illegal acts done via the Internet that were not covered by old laws, the act has been criticized for its provision on criminalizing libel, which is perceived to be a curtailment in freedom of expression.
On October 9, 2012, the Supreme Court of the Philippines issued a temporary restraining order, stopping implementation of the Act for 120 days, and extended it on 5 February 2013 "until further orders from the court."
On May 24, 2013, The DOJ announced that the contentious online libel provisions of the law had been dropped.[4]
On February 18, 2014, the Supreme Court ruled that section 5 of the law decision was constitutional, and that sections 4-C-3, 7, 12 and 19 were unconstitutional
So in this happening many people confused if it is a law or bill today including me.
Yes, you're right Joey. I'm hoping for change in our country, especially in cybercrime.
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