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1.

E – COMMERCE ACT OF 2000 (RA 8792)

 Also known as Electronic Commerce Act


 It was signed into law by President Joseph E. Estrada on June 14, 2000
 It is an Act providing for the recognition and use of electronic commercial and non-commercial
transactions and documents.
 It is the practice of buying and selling goods and services through online consumer services on the
internet. In such transactions the products and services are sold through an electronic medium,
without any using paper documents.

PENALTIES
a) Hacking or cracking, refers to unauthorized access including the introduction of computer viruses,
is punishable by a fine from One Hundred Thousand Pesos (P100, 000.00) to maximum
commensurating to the damage. With imprisonment from Six (6) to Three (3) Years.
b) Piracy through the use of telecommunication networks, such as the internet, that infringes
intellectual property rights is punishable. The penalties are the same as Hacking (a)
c) Other violations of the provisions of this act, shall be penalized with a maximum penalty of One
Million Pesos (P1, 000,000.00) or Six (6) years imprisonment.

2. ANTI – CHILD PORNOGRAPHY ACT OF 2009 (RA 9775)

 This act was passed on Oct. 13, 2008 and signed on November 17, 2009 by President Gloria
Macapagal Arroyo
 The state recognizes the vital role of the youth in nation building and shall promote and protect
their physical, moral, spiritual, intellectual, emotional, psychological and social well-being.
 Child Pornography refers to any representation, whether visual, audio, or written combination
thereof, by electronic, mechanical, digital, optical, magnetic, or any other means of child engaged
or involved in real or simulated explicit sexual activities.

PENALTIES/UNLAWFUL/PROHIBITED ACTS
a) To hire, employ, use, persuade, induce, or coerce a child to perform in the creation or production
of any form of child pornography
b) To produce, direct, manufacture, or create any form of child pornography
c) To publish offer, transmit sell, distribute, broadcast, advertise, promote, export, or import any form
of child pornography
Any person guilty of committing the above act shall suffer the penalty of RECLUSION TEMPORAL (12
Years and 1 day to 20 Years) in its maximum period and a fine of not less than One Million Pesos
(P1,000, 000.00) but not more than Two Million Pesos (P2, 000, 000.00)

3. ANTI – PHOTO AND VIDEO VOYEURISM ACT OF 2009 (RA 9995)


 This act was passed on Nov. 18-Dec.1, 2009 and signed on February 15, 2010 by President Gloria
Macapagal Arroyo
 The state values the dignity and privacy of every human person and guarantees full respect for
human rights. Toward this end, the state shall penalize acts that would destroy the honor, dignity
and integrity of a person.
 This law is geared towards the prohibition of taking photo or video coverage of a person or group
of persons performing sexual act or any similar activity or to capture an image of the private area
of a person/s such as the naked or undergarment clad genitals public area, buttocks or female
breast without the consent of the person/s involved and under circumstances in which the person/s
has/have a reasonable expectation of privacy.
 VOYUERISM – practice of gaining sexual pleasure from watching others when they are naked or
engaged in sexual activity.

PENALTIES
a) Imprisonment of not less than three (3) years but not more than seven (7) years.
b) A fine of not less than P100,000.00 but not more than P500,000.00
c) Both
d) If the violator is a juridical person, its license or franchise shall be automatically be deemed
revoked.
e) If the offender is a public officer or employee, or a professional, he/she shall be administratively
liable.
f) If the offender is an alien, he/she shall be subject to deportation proceedings after serving his/her
sentence and payment fines.

4. DATA RPIVACY ACT OF 2012 (RA 10173)


 It is the policy of the state to protect the fundamental human rights of privacy, of communication
while ensuring free flow of information to promote innovation and growth.
 The state recognizes the vital role of information and communication technology in nation-building
and its inherent obligation to ensure that personal information in information and communications
systems in the government and in the private sector are secured and protected.
 It is a law that seeks to protect all forms of information, be it private, personal, or sensitive. It is
meant to cover both natural and juridical persons involved in the processing of personal
information.

PENALTIES
a) Persons having knowledge of a security breach involving sensitive personal information and of the
obligation to notify the commission of the same, and who fail to do so, may subject for penalties
b) 6 months to 5 years of imprisonment.
5. CYBERCRIME PREVENTION ACT OF 2012 (RA 10175)

 It was signed into law by President Benigno Aquino III on September 12, 2012
 The state recognized the vital role of information and communication industries such as content
production, telecommunications, broadcasting, electronic commerce, and data processing, in the
nation’s overall social and economic development.
 The state also recognizes the importance of providing an environment conducive to the
development, acceleration, and rational application and exploitation of information and
communication technology (ICT) to attain free, easy, and intelligible access to exchange and/or
delivery of information; and the need to protect and safeguard the integrity of computer, computer
and communications systems, networks, databases, and the confidentiality, integrity, and
availability of information and data stored therein, from all misuse, abuse, and illegal access by
making punishable under the law such conduct or conducts.
 This law punishes content-related offenses such as cybersex, child pornography, and libel which
may be committed through a computer system. It also penalizes unsolicited commercial
communication or content that advertises or sells products or services.

PROHIBITED ACTS/PENALTIES
a) Illegal access, illegal interception, data interference, system interference, misuse of devices, cyber-
squatting are punishable to Prision mayor (imprisonment of six (6) years and one (1) day up to
twelve (12) years or a fine at least two hundred pesos (P200,000.00) up to maximum amount
commensurate to the damaged incurred or BOTH.
b) Computer-related Forgery, Computer-related Fraud, and Computer-related Identity Theft are
punishable same as above (a)
c) Cybersex is punishable to Prision mayor (imprisonment of six (6) years and one (1) day up to
twelve (12) years or a fine at least two hundred pesos (P200, 000.00) but not exceeding One
Million Pesos (1, 000, 000.00) or BOTH.
d) Child Pornography – penalty to be imposed shall be one degree higher than that provided for in RA
9775, if committed through computer system.

6. EXPANDED ANTI-TRAFFICKING IN PERSONS ACT OF 2012 (RA 10364)

 The Republic Act 9208 was amended through RA 10364


 It was signed into law by President Benigno S. Aquino III on February 6, 2013
 It is an Act to institute policies to eliminate trafficking in persons especially women and children,
establishing the necessary institutional mechanisms for the protection and support of trafficked
persons, providing penalties for its violations and for other purposes.
 It is hereby declared that the state values the dignity of every human person and guarantees the
respect of individual rights. In pursuit to this policy, the state shall give highest priority to the
enactment of measures and development of programs that will promote human dignity, protect the
people from any threat of violence and exploitation, eliminate trafficking in persons, and mitigate
pressures for involuntary migration and servitude of persons, not only to support trafficked persons
but more importantly, to ensure their recovery, rehabilitation and integration into the mainstream
of society.

 TRAFFICKING PERSON – refers to the recruitment, obtaining, hiring, providing, offering,


transportation, transfer, maintaining, harboring, or receipt of persons with or without the victim’s
consent and knowledge, within or across national borders by means of threat, or use of force, or
other forms of coercion, abduction, fraud, deception, abuse of power or position, taking advantage
of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the
consent of a person having control over another person for the purpose of exploitation which
includes at a minimum, the exploitation or the prostitution of others or other forms of sexual
exploitation, forced labor or services, slavery, servitude or the removal or sale of organs

PENALTIES

ACT PENALTY
Acts of Trafficking 20 years imprisonment and a fine of P 1
Million to P 2 Million Pesos
Attempted Trafficking 15 years imprisonment and a fine of P
500,000 to P 1 Million Pesos
Accomplice Liability 15 years imprisonment and a fine of P
500, 000 to P 1 Million Pesos
Accessories 15 years imprisonment and a fine of P
500, 000 to P 1 Million Pesos
Acts that Promote Trafficking 15 years imprisonment and a fine of P
500, 000 to P 1 Million Pesos
Qualified Trafficking Life Imprisonment and a fine of P 2
Million to P 5 Million Pesos
Violation of Confidentiality Six (6) years imprisonment and a fine of
P 500,000 to P 1 Million
Use of Trafficked Person Imprisonment of Prision Correccional or 6
months and 1 day to 6 years and P 50,
000 to P 100, 000 fine.

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