What is Republic Act (RA) No. 10175 or Cybercrime Prevention Act of 2012?
|[IMAGE BLOCKED.] (RA NO. 10175)|
Republic Act No. 10175 or the Cybercrime Prevention Act of 2012 is a Philippine Republic Act signed by President Aquino on 12 September 2012. It aims to address legal issues concerning online interactions. Among the cybercrime offenses included in the bill are cybersquatting, cybersex, child pornography, identity theft, illegal access to data and libel, but the new Act received mixed reactions upon its enactment especially on the grounds of freedom of expression, freedom of speech and data security. Several petitions are currently submitted to the Supreme Court of the Philippines questioning the constitutionality of the Act.
The Cybercrime Prevention Act of 2012 is the first law in the Philippines which specifically criminalizes computer crime, which prior to the passage of the law had no strong legal precedent in Philippine jurisprudence. The Act, divided into 31 sections split across eight chapters, criminalizes several types of offenses, including illegal access (hacking), data interference, device misuse, cybersquatting, computer-related offenses such as computer fraud, content-related offenses such as cybersex and spam, and other offenses. The law also reaffirms existing laws against child pornography, an offense under Republic Act No. 9779 (the Anti-Child Pornography Act of 2009), and libel, an offense under Section 377 of the Revised Penal Code of the Philippines, also criminalizing them when committed using a computer system. Finally, the Act provides for a "catch-all" clause, wherein all offenses currently punishable under the Revised Penal Code are likewise punishable under the Act when committed using a computer, with corresponding stricter penalties than if the crimes were punishable under the Revised Penal Code alone.
Section 4 - Cyber Crime Offenses
(a) Offenses against the confidentiality, integrity and availability of computer data and systems
- Illegal Access - The access to the whole or any part of a computer system without right.
- Illegal Interception - The interception made by technical means without right of any non-public transmission of computer data to, from, or within a computer system including electromagnetic emissions from a computer system carrying such computer data.
- Data Interference - The intentional or reckless alteration, damaging, deletion or deterioration of computer data, electronic document, or electronic data message, without right, including the introduction or transmission of viruses.
- System Interference - The intentional alteration or reckless hindering or interference with the functioning of a computer or computer network by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data or computer program, electronic document, or electronic data message, without right or authority, including the introduction or transmission of viruses.
- Misuse of Devices - The use, production, sale, procurement, importation, distribution, or otherwise making available, without right, of:
- A device, including a computer program, designed or adapted primarily for the purpose of committing any of the offenses under this Act; or
- A 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 this Act.
- Similar, identical, or confusingly similar to an existing trademark registered with the appropriate government agency at the time of the domain name registration:
- Identical or in any way similar with the name of a person other than the registrant, in case of a personal name; and
- Acquired without right or with intellectual property interests in it.
(b) Computer-related offenses
- Computer-related Forgery- The input, alteration, or deletion of any computer data without right resulting in 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; or the act of knowingly using computer data which is the product of computer-related forgery as defined herein, for the purpose of perpetuating a fraudulent or dishonest design.
- Computer-related Fraud - The 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: Provided, That if no damage has yet been caused, the penalty imposable shall be one (1) degree lower.
- Computer-related Identity Theft - The intentional acquisition, use, misuse, transfer, possession, alteration or deletion of identifying information belonging to another, whether natural or juridical, without right: Provided, That if no damage has yet been caused, the penalty imposable shall be one (1) degree lower.
(c) Content-related offenses
- Cybersex - The 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.
- Child Pornography - The unlawful or prohibited acts defined and punishable by Republic Act No. 9775 or the Anti-Child Pornography Act of 2009, committed through a computer system. The penalty to be imposed shall be (1) one degree higher than that provided for in Republic Act No. 9775.
- Unsolicited Commercial Communications - The transmission of commercial electronic communication with the use of computer system which seek to advertise, sell, or offer for sale products and services are prohibited unless:
- There is prior affirmative consent from the recipient; or
- The primary intent of the communication is for service and/or administrative announcements from the sender to its existing users, subscribers or customers; or
- The following conditions are present:
- The commercial electronic communication contains a simple, valid, and reliable way for the recipient to reject receipt of further commercial electronic messages (opt-out) from the same source;
- The commercial electronic communication does not purposely disguise the source of the electronic message; and
- The commercial electronic communication does not purposely include misleading information in any part of the message in order to induce the recipients to read the message.
Section 5 - Other offenses under R.A. 10175
- 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.
- Attempt in the Commission of Cybercrime - Any person who willfully attempts to commit any of the offenses enumerated in R.A. 10175 shall be held liable.
- For sections 4a and 4b, imprisonment of prision mayor or a fine of at least P200,000 or both.
- For section 4a5, imprisonment of prision mayor or a fine of not more than P500,000 or both.
- If section 4a are committed in critical infrastructure, penalty of reclusion temporal or a fine of at least P500,000 or both.
- For section 4c1, imprisonment of prision mayor or a fine of at least P200,000 but not exceeding P1,000,000 or both.
- For section 4c2, penalties as enumerated in RA 9775 or Anti-Child Pornography Act of 2009. 1 degree higher if committed in computer system.
- For section 4c3, punishment of arresto mayor or a fine of at least P50,000 but not exceeding P250,000 or both
- For section 5, punishment of 1 degree lower of the prescribed penalty for the offense or a fine of at least P100,000 but not exceeding P500,000 or both.
- Corporate liability is equivalent to at least double the fines imposable in section 7 up to maximum of P10,000,000.
Enforcement and Implementation
- Law enforcement authorities, such as the National Bureau of Investigation (NBI) and the Philippine National Police (PNP) shall be responsible for the implementation of the provisions of this Act.
- The Department of Justice (DOJ) shall be responsible for assisting in investigations or proceedings concerning criminal offenses related to computer systems or data, in collection of electronic evidence of criminal offense and in ensuring the provisions of the law are complied with.
Republic Act (RA) No. 10175 or Cybercrime Prevention Act of 2012 is authored by:
Reps. Susan Yap (2nd District, Tarlac), Eric Owen Singson, Jr. (2nd District, Ilocos Sur), Marcelino Teodoro (1st District, Marikina City) and Juan Edgardo Angara (Lone District, Aurora). Other authors of the bill are Reps. Gloria Macapagal-Arroyo (2nd District, Pampanga), Diosdado Arroyo (2nd District, Camarines Sur), Carmelo Lazatin (1st District, Pampanga), Rufus Rodriguez (2nd District, Cagayan de Oro City), Maximo Rodriguez, Jr. (Party-list, Abante Mindanao), Mariano Michael Velarde and Irwin Tieng (Party-list, BUHAY), Romeo Acop (2nd District, Antipolo City), Bernadette Herrera-Dy (Party-list, Bagong Henerasyon), Anthony Rolando Golez (Lone District, Bacolod City), Juan Miguel Macapagal-Arroyo (Party-list, Ang Galing Pinoy), Ma. Amelita Calimbas-Villarosa (Lone District, Occidental Mindoro), Antonio Del Rosario (1st District, Capiz), Winston Castelo (2nd District, Quezon City), Eulogio Magsaysay (Party-list, AVE), Sigfrido Tinga (2nd District, Taguig City), Roilo Golez (2nd District, Parañaque City), Romero Federico Quimbo (2nd District, Marikina City), Mel Senen Sarmiento (1st District, Western Samar), Cesar Sarmiento (Lone District, Catanduanes), Daryl Grace Abayon (Party-list, Aangat Tayo), Tomas Apacible (1st District, Batangas), Jerry Treñas (Lone District, Iloilo City), Joseph Gilbert Violago (2nd District, Nueva Ecija), Hermilando Mandanas (2nd District, Batangas), Ma. Rachel Arenas (3rd District, Pangasinan) and Ma. Victoria Sy-Alvarado (1st District, Bulacan).
The following senators voted in its favor:
Pia Cayetano, Jose “Jinggoy” Estrada, Francis Escudero, Gregorio Honasan, Panfilo Lacson, Manuel “Lito” Lapid, Loren Legarda, Ferdinand Marcos Jr., Aquilino Pimentel III, Ralph Recto, Ramon Revilla Jr., Vicente Sotto III and Manuel Villar.