What is Cyber crime?
types of offense, including illegal
- The Cybercrime Prevention Act of 2012,
officially recorded as Republic Act No.
10175, is a law in the Philippines that was
approved on September 12, 2012. It aims to
address legal issues concerning online
interactions and the Internet in the
Philippines.
- The Philippine Congress enacted Republic
Act No. 10175 or “Cybercrime Prevention
Act of 2012” which completely address
crimes committed against and by means of
computer system on 12 September 2012. It
includes penal substantive rules, procedural
rules and also rules on international
cooperation.
What is cybercrime violation?
- Cybercrime violates individuals' privacy and
the security of their data, particularly
hacking, malware, identity theft, financial
fraud, medical fraud, and certain offences
against persons that involve the revealing of
personal information, messages, images,
and video and audio recordings without
individuals' consent.
What is the purpose of the Cybercrime
Prevention Act of 2012?
- It seeks to prevent cybercrime by providing
a legal framework for investigating,
prosecuting, and punishing online offenses.
The law covers a wide range of
cybercrimes, including hacking, online
fraud, identity theft, cybersex, and child
pornography.
What is the penalty for cybercrime in the
Philippines?
- Any person found guilty of any of the
punishable acts enumerated in Section 4A
of this Act shall be punished
with imprisonment of prison 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.
What are examples of cybercrime? Common
forms of cybercrime
- Hacking, shutting down or misusing
websites or computer networks spreading
hate and inciting terrorism; distributing child
pornography; grooming: making sexual
advances to minors.
What is RA 10175 Why is it important?
- The act recognizes the far-reaching
implications of crimes committed on the
internet or through computer systems. It
establishes the necessary legal frameworks
to detect, investigate, and prosecute these
crimes, aiming to maintain a safe
cyberspace environment for all.
PROVISIONS
The Act, divided into 31 sections split
across eight chapters, criminalizes several
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. 9775 (the Anti-Child
Pornography Act of 2009), and libel, an
offense under Section 355 of the Revised
Penal Code of the Philippines, also
criminalizing them when committed using a
computer system. Finally, the Act includes a
"catch-all" clause, making all offenses
currently punishable under the Revised
Penal Code also punishable under the Act
when committed using a computer, with
more severe penalties than what was
provided by the Revised Penal Code alone.
- The Act has universal jurisdiction: its
provisions apply to all Filipino nationals
regardless of the place of commission.
Jurisdiction also lies when a punishable act
is either committed within the Philippines,
whether the erring device is wholly or partly
situated in the Philippines, or whether
damage was done to any natural or juridical
person who at the time of commission was
within the Philippines. Regional Trial
Courts shall have jurisdiction over cases
involving violations of the Act.
- A takedown clause is included in the Act,
empowering the Department of Justice to
restrict and/or demand the removal of
content found to be contrary to the
provisions of the Act, without the need for a
court order. This provision, originally not
included in earlier iterations of the Act as it
was being deliberated through Congress,
was inserted during Senate deliberations on
May 31, 2012.[11] Complementary to the
takedown clause is a clause mandating the
retention of data on computer servers for six
months after the date of transaction, which
may be extended for another six months
should law enforcement authorities request
it.
- The Act also mandates the National Bureau
of Investigation and the Philippine National
Police to organize a cybercrime unit staffed
by special investigators whose responsibility
will be to exclusively handle cases
pertaining to violations of the Act, under the
supervision of the Department of Justice.
The unit is empowered to, among others,
collect real-time traffic data from Internet
service providers with due cause, require
the disclosure of computer data within 72
hours after receipt of a court warrant from a
service provider, and conduct searches and
seizures of computer data and equipment.
- The enactment of Republic Act 10876 (The
National Bureau of Investigation
Reorganization and Modernization Act)
empowers the NBI to have the primary
jurisdiction in investigating violations of
Republic Act 10175 (Cybercrime Prevention
Act 2012).