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Local Government

Policies that
Protect the Well-
Being of a Person
in the Face of New
Technologies
01. 02.
ANTI – CHILD
03.
ANTI – PHOTO AND
E – COMMERCE ACT OF
PORNOGRAPHY ACT VIDEO VOYEURISM ACT
2000 (RA 8792)
OF 2009 (RA 9775) OF 2009 (RA 9995)

04. 05.
CYBERCRIME
06.
DATA RPIVACY ACT OF EXPANDED ANTI-
PREVENTION ACT OF TRAFFICKING IN PERSONS
2012 (RA 10173)
2012 (RA 10175) ACT OF 2012 (RA 10364)
01.
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.
PENALTIES
A. Hacking or cracking, refers to B. Piracy through the use of C. Other violations of the
unauthorized access including telecommunication networks, provisions of this act, shall be
the introduction of computer
such as the internet, that penalized with a maximum
viruses, is punishable by a fine
from One Hundred Thousand infringes intellectual property penalty of One Million Pesos
Pesos (P100, 000.00) to rights is punishable. The (P1, 000,000.00) or Six (6)
maximum commensuration to penalties are the same as years imprisonment.
the damage. With imprisonment Hacking (a)
from Six (6) to Three (3) Years.
02.
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.
PENALTIES/UNLAWFUL/PROHIBITED ACTS

A. To hire, employ, use, persuade, B. To produce, direct, C. To publish offer, transmit


induce, or coerce a child to manufacture, or create any sell, distribute, broadcast,
perform in the creation or form of child pornography
advertise, promote, export, or
production of any form of child
import any form of child
pornography
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)
03.
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 B. A fine of not less than C. Both
than three (3) years but not P100,000.00 but not more
more than seven (7) years. than P500,000.00

D. If the violator is a juridical E. If the offender is a public F. If the offender is an alien,


person, its license or franchise officer or employee, or a he/she shall be subject to
shall be automatically be professional, he/she shall be deportation proceedings
deemed revoked. administratively liable.
after serving his/her
sentence and payment
fines.
04.
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 B. 6 months to 5 years of
security breach involving imprisonment.
sensitive personal information
and of the obligation to notify the
commission of the same, and
who fail to do so, may subject for
penalties.
05.
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
B. Computer-related Forgery, C. Cybersex is punishable to
interference, system
Computer-related Fraud, and Prision mayor (imprisonment
interference, misuse of
Computer-related Identity Theft of six (6) years and one(1)
devices, cyber-squatting are
are punishable same as above (a) day up to twelve (12) years or
punishable to Prision mayor
a fine at least two hundred
(imprisonment of six (6) years
pesos (P200, 000.00) but not
and one (1) day up to twelve
exceeding One Million Pesos
(12) years or a fine at least
(1, 000, 000.00) or BOTH.
two hundred pesos
(P200,000.00) up to
maximum amount
commensurate to the
damaged incurred 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.
06.
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
THANKYOU!!

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