Republic Act (RA) No.

10175 or Cybercrime
Prevention Act of 2012
 SOCIAL MEDIA USES

How Filipinos Use Social Media

74%
To stay in touch with friends and
family
70%
To meet new people

65%
To have fun

63%
To share new experiences

62%
To
keep
comp
any
Source: http://vulcanpost.com/12971/research-philippines-social-media/
 SOCIAL MEDIA STATISTICS

32%
Facebook
Penetration

62%
Mobile users
4Hours 1Min using social
media apps
Ave. time social
media users spend
on social media
each day
Source: wearesocial.sg thru http://fleirecastro.com/
 SOCIAL MEDIA STATISTICS

Social Media as a Tool for Governance

1. Provides easy publication and information dissemination to the citizens

2. Allows citizens easy access to government services and government officials
3. Saves time and money
4. Opens up new ways of working and collaboration
5. Can be used as a form of election campaign material
and aid in criminal investigations

Source: http://blogs.worldbank.org/
 SOCIAL MEDIA STATISTICS

Negative Uses of Social Media

1. Cyber bullying
2. Spread of Unreliable and False Information
3. Invasion of privacy
4. Online crimes
5. Vulnerability to security attacks

Source: http://socialnetworking.procon.org/
O 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.
O 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.
O Section 4 - Cyber Crime Offenses

(a) Offenses against the

confidentiality, integrity and
availability of computer data and
systems
O Illegal Access - The access to the whole or any part of
a computer system without right.

O 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.

O 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.
O 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.
O Misuse of Devices - The use, production, sale,
procurement, importation, distribution, or otherwise
making available, without right, of:
O A device, including a computer program,
designed or adapted primarily for the purpose of
committing any of the offenses under this Act; or
O 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.
O Cyber-squatting - The acquisition of a domain name
over the internet in bad faith to profit, mislead,
destroy reputation, and deprive others from
registering the same, if such a domain name is:
O Similar, identical, or confusingly similar to an existing
trademark registered with the appropriate
government agency at the time of the domain name
registration:
O Identical or in any way similar with the name of a
person other than the registrant, in case of a
personal name; and
O Acquired without right or with intellectual property
interests in it.
 (b) Computer-related offenses
O 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.
O 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.
O 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
O Cybersex - The will ful 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.
O 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.
O 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:
O There is prior affirmative consent from the recipient; or
O The primary intent of the communication is for service and/or
administrative announcements from the sender to its existing
users, subscribers or customers; or
O The following conditions are present:
O 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;
O The commercial electronic communication does not purposely
disguise the source of the electronic message; and
O 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.
O Libel - The 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.
Section 5 - Other offenses under R.A. 10175
O Aiding or Abetting in the Commission of
Cybercrime - Any person who will fully abets
or aids in the commission of any of the
offenses enumerated in this Act shall be held
liable.
O Attempt in the Commission of Cybercrime -
Any person who will fully attempts to commit
any of the offenses enumerated in R.A.
10175 shall be held liable.
 Penalties:
O For sections 4a and 4b, imprisonment of prision mayor or a fine of at least
P200,000 or both.
O For section 4a5, imprisonment of prision mayor or a fine of not more than
P500,000 or both.
O If section 4a are committed in critical infrastructure, penalty of reclusion
temporal or a fine of at least P500,000 or both.
O For section 4c1, imprisonment of prision mayor or a fine of at least
P200,000 but not exceeding P1,000,000 or both.
O For section 4c2, penalties as enumerated in RA 9775 or Anti-Child
Pornography Act of 2009. 1 degree higher if committed in computer
system.
O For section 4c3, punishment of arresto mayor or a fine of at least P50,000
but not exceeding P250,000 or both
O 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.
O Corporate liability is equivalent to at least double the fines imposable in
section 7 up to maximum of P10,000,000.
 Enforcement and Implementation
O 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.

O 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.
The following senators
voted in its favor:
O Pia Cayetano
O Jose “Jinggoy” Estrada
O Francis Escudero
O Gregorio Honasan
O Panfilo Lacson
O Manuel “Lito” Lapid
O Loren Legarda
O Ferdinand Marcos Jr.
O Aquilino Pimentel III
O Ralph Recto
O Ramon Revilla Jr.
O Vicente Sotto III
O Manuel Villar.