CYBERCRIME PREVENTION ACT OF 2012

Case Overview and Summary

Summary of the Cybercrime Prevention Act of 2012

Preliminary 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)