CYBERCRIME PREVENTION ACT OF 2012
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CYBERCRIME PREVENTION ACT OF 2012
Republic Act No. 10175
September 12, 2012
Case Overview and Summary
Summary of the Cybercrime Prevention Act of 2012Preliminary Provisions
- Title: Cybercrime Prevention Act of 2012 (Section 1)
- Recognizes the importance of ICT and need to protect computer systems from misuse (Section 2)
- Defines key terms like access, alteration, computer, computer data, computer program, computer system, cyber, critical infrastructure, cybersecurity, database, interception, service provider, subscriber's information, traffic data (Section 3)
Punishable Acts
- Offenses against confidentiality, integrity and availability of computer data and systems (Section 4(a)):
- Illegal access to a computer system without right (Section 4(a)(1))
- Illegal interception of non-public computer data transmissions (Section 4(a)(2))
- Data interference by altering, damaging, deleting or deteriorating computer data without right (Section 4(a)(3))
- System interference by hindering computer functions without right (Section 4(a)(4))
- Misuse of devices for hacking or illegal access (Section 4(a)(5))
- Cyber-squatting or acquiring domain names in bad faith (Section 4(a)(6))
- Computer-related offenses (Section 4(b)):
- Computer-related forgery by inputting inauthentic data (Section 4(b)(1))
- Computer-related fraud by unauthorized data interference (Section 4(b)(2))
- Computer-related identity theft by acquiring personal information without right (Section 4(b)(3))
- Content-related offenses (Section 4(c)):
- Cybersex or lascivious exhibition of sexual organs aided by a computer system (Section 4(c)(1))
- Child pornography committed through a computer system, with higher penalty than RA 9775 (Section 4(c)(2))
- Unsolicited commercial communications without consent or opt-out mechanism (Section 4(c)(3))
- Libel committed through a computer system (Section 4(c)(4))
- Aiding/abetting and attempting to commit cybercrime offenses (Section 5)
- Revised Penal Code offenses via ICT have one degree higher penalty (Section 6)
Penalties
- Prision mayor or ₱200,000 to commensurate fine for Section 4(a) and 4(b) offenses (Section 8)
- Prision mayor or max ₱500,000 fine for Section 4(a)(5) offense
- Reclusion temporal or ₱500,000 to commensurate fine if against critical infrastructure
- Prision mayor or ₱200,000 to ₱1 million fine for Section 4(c)(1) offense
- Penalty one degree higher than RA 9775 for Section 4(c)(2) offense
- Arresto mayor or ₱50,000 to ₱250,000 fine for Section 4(c)(3) offense
- One degree lower imprisonment or ₱100,000 to ₱500,000 fine for Section 5 offenses
- Corporate liability of double fines up to ₱10 million (Section 9)
Enforcement and Implementation
- NBI and PNP to handle cybercrime cases through special units (Section 10)
- Law enforcement to submit timely reports to DOJ (Section 11)
- Real-time collection of traffic data by law enforcement with court order (Section 12)
- Data retention by service providers for minimum 6 months (Section 13)
- Law enforcement can get court order to require disclosure of data (Section 14)
- Search, seizure and examination of computer data under court warrant (Section 15)
- Custody and destruction protocols for seized computer data (Sections 16-17)
- Exclusionary rule for evidence obtained without valid warrant (Section 18)
- DOJ can order restriction/blocking of computer data violating the law (Section 19)
- Penalties for noncompliance with law enforcement orders (Section 20)
Jurisdiction and International Cooperation
- Regional Trial Courts have jurisdiction, including over Filipinos abroad (Section 21)
- Designated special cybercrime courts (Section 21)
- General principles on international cooperation (Section 22)
Competent Authorities
- Office of Cybercrime under DOJ as central authority (Section 23)
- Cybercrime Investigation and Coordinating Center (CICC) under ICTO-DOST (Sections 24-26)
Final Provisions
- ₱50 million annual appropriation for implementation (Section 27)
- Implementing rules to be issued within 90 days (Section 28)
- Separability clause (Section 29)
- Repealing/modifying inconsistent laws like E-Commerce Act (Section 30)
- Effectivity 15 days after publication (Section 31)
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Law
CYBERCRIME PREVENTION ACT OF 2012
Republic Act No. 10175
•September 12, 2012
Republic of the Philippines
CONGRESS OF THE PHILIPPINES
Metro Manila
Fifteenth Congress
Second Regular Session
Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, two thousand eleven.
REPUBLIC ACT NO. 10175
AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION, SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
CHAPTER I
PRELIMINARY PROVISIONS
Section 1. Title. — This Act shall be known as the "Cybercrime Prevention Act of 2012″.
Section 2. Declaration of Policy. — The State recognizes the vital role of information and communications 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 communications 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...
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