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.

Act, divided into 31 sections split across eight chapters, criminalizes several types of offenses, including illegal 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. 9779 (the Anti-Child Pornography Act of 2009), and libel, an offense under Section 377 of the Revised Penal Code of the
Philippines, also criminalizing them when committed using a computer system. Finally, the Act provides for a "catch-all" clause,
wherein all offenses currently punishable under the Revised Penal Code are likewise punishable under the Act when committed using
a computer, with corresponding stricter penalties than if the crimes were punishable under the Revised Penal Code alone.

Section 4 - Cyber Crime Offenses

(a) Offenses against the confidentiality, integrity and availability of computer data and systems

Illegal Access - The access to the whole or any part of a computer system without right.

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.

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.

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.

Misuse of Devices - The use, production, sale, procurement, importation, distribution, or otherwise making available, without right, of:

A device, including a computer program, designed or adapted primarily for the purpose of committing any of the offenses under this
Act; or

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.

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:

Similar, identical, or confusingly similar to an existing trademark registered with the appropriate government agency at the time of the
domain name registration:

Identical or in any way similar with the name of a person other than the registrant, in case of a personal name; and

Acquired without right or with intellectual property interests in it.

(b) Computer-related offenses

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.

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.

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

Cybersex - The willful 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.

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.

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:

There is prior affirmative consent from the recipient; or

The primary intent of the communication is for service and/or administrative announcements from the sender to its existing users,
subscribers or customers; or

The following conditions are present:

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;
 The commercial electronic communication does not purposely disguise the source of the electronic message; and

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.

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.

Penalties:

For sections 4a and 4b, imprisonment of prision mayor or a fine of at least P200,000 or both.

For section 4a5, imprisonment of prision mayor or a fine of not more than P500,000 or both.

If section 4a are committed in critical infrastructure, penalty of reclusion temporal or a fine of at least P500,000 or both.

For section 4c1, imprisonment of prision mayor or a fine of at least P200,000 but not exceeding P1,000,000 or both.

For section 4c2, penalties as enumerated in RA 9775 or Anti-Child Pornography Act of 2009. 1 degree higher if committed in computer
system.

For section 4c3, punishment of arresto mayor or a fine of at least P50,000 but not exceeding P250,000 or both

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.

Corporate liability is equivalent to at least double the fines imposable in section 7 up to maximum of P10,000,000.

1. Penalizes (section 8) sixteen types of cybercrime (Section 4). They are:

Types of Cybercrime Penalty

Prision mayor (imprisonment of six years and 1 day up to 12
years) or a fine of at least Two hundred thousand pesos
(P200,000) up to a maximum amount commensurate to the
1. Illegal access damage incurred or BOTH.If committed
Unauthorized access (without right) to a computer system or against critical infrastructure:Reclusion temporal (imprisonment
application. for twelve years and one day up to twenty years) or a fine of at
least Five hundred thousand pesos (P500,000) up to a
maximum amount commensurate to the damage incurred or
BOTH
2. Illegal interception
Unauthorized interception of any non-public transmission of computer same as above
data to, from, or within a computer system.
3. Data Interference
Unauthorized alteration, damaging, deletion or deterioration of
computer data, electronic document, or electronic data message, and
same as above
including the introduction or transmission of viruses.Authorized action
can also be covered by this provision if the action of the person went
beyond agreed scope resulting to damages stated in this provision.
4. System Interference
Unauthorized hindering or interference with the functioning of a
computer or computer network by inputting, transmitting, damaging,
deleting, deteriorating, altering or suppressing computer data or
same as above
program, electronic document, or electronic data messages, and
including the introduction or transmission of viruses.Authorized action
can also be covered by this provision if the action of the person went
beyond agreed scope resulting to damages stated in this provision.
5. Misuse of devices
The unauthorized use, possession, production, sale, procurement,
importation, distribution, or otherwise making available, of devices,
computer program designed or adapted for the purpose of committing
same as above except fine should be no more than Five
any of the offenses stated in Republic Act 10175.Unauthorized use of
hundred thousand pesos (P500,000).
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
Republic Act 10175.
6. Cyber-squatting
Acquisition of domain name over the Internet in bad faith to profit,
mislead, destroy reputation, and deprive others from the registering the
same. This includes those existing trademark at the time of registration;
names of persons other than the registrant; and acquired with
intellectual property interests in it.Those who get domain names of
same as above
prominent brands and individuals which in turn is used to damage their
reputation can be sued under this provision.Note that freedom of
expression and infringement on trademarks or names of person are
usually treated separately. A party can exercise freedom of expression
without necessarily violating the trademarks of a brand or names of
persons.
7. Computer-related Forgery Prision mayor (imprisonment of six years and 1 day up to 12
Unauthorized input, alteration, or deletion of computer data resulting to years) or a fine of at least Two hundred thousand pesos
inauthentic data with the intent that it be considered or acted upon for (P200,000) up to a maximum amount commensurate to the
legal purposes as if it were authentic, regardless whether or not the damage incurred or BOTH.
data is directly readable and intelligible; orThe act of knowingly using
computer data which is the product of computer-related forgery as
defined here, for the purpose of perpetuating a fraudulent or dishonest
design.
8. Computer-related Fraud
Unauthorized input, alteration, or deletion of computer data or program same as aboveProvided, That if no damage has yet been
or interference in the functioning of a computer system, causing caused, the penalty imposed shall be one (1) degree lower.
damage thereby with fraudulent intent.
9. Computer-related Identity Theft
Unauthorized acquisition, use, misuse, transfer, possession, alteration
same as above
or deletion of identifying information belonging to another, whether
natural or juridical.
10. Cybersex
Willful engagement, maintenance, control, or operation, directly or
indirectly, of any lascivious exhibition of sexual organs or sexual
Prision mayor (imprisonment of six years and 1 day up to 12
activity, with the aid of a computer system, for favor or
years) or a fine of at least Two hundred thousand pesos
consideration.There is a discussion on this matter if it involves
(P200,000) but not exceeding One million pesos (P1,000,000)
couples or people in relationship who engage in cybersex. For as
or BOTH.
long it is not done for favor or consideration, I dont think it will be
covered. However, if one party (in a couple or relationship) sues
claiming to be forced to do cybersex, then it can be covered.
11. Child Pornography
Penalty to be imposed shall be one (1) degree higher than that
Unlawful or prohibited acts defined and punishable byRepublic Act No.
provided for in Republic Act 9775, if committed through a
9775 or the Anti-Child Pornography Act of 2009, committed through a
computer system.
computer system.
****** Unsolicited Commercial Communications (SPAMMING)
THIS PROVISION WAS STRUCK DOWN BY THE SUPREME COURT
AS UNCONSTITUTIONAL.
12. Libel
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.Revised Penal Code Art. 355 states Libel means by writings or
similar means. A libel committed by means of writing, printing,
lithography, engraving, radio, phonograph, painting, theatrical
exhibition, cinematographic exhibition, or any similar means, shall be
punished by prision correccional in its minimum and medium periods or Penalty to be imposed shall be one (1) degree higher than that
a fine ranging from 200 to 6,000 pesos, or both, in addition to the civil provided for by the Revised Penal Code, as amended, and
action which may be brought by the offended party.The Cybercrime special laws, as the case may be.
Prevention Act strengthened libel in terms of penalty provisions.

The electronic counterpart of libel has been recognized since the

year 2000 when the E-Commerce Law was passed. The E-
Commerce Law empowered all existing laws to recognize its
electronic counterpart whether commercial or not in nature.

Imprisonment of one (1) degree lower than that of the

13. Aiding or Abetting in the commission of cybercrime Any
prescribed penalty for the offense or a fine of at least One
person who willfully abets or aids in the commission of any of the
hundred thousand pesos (P100,000) but not exceeding Five
offenses enumerated in this Act shall be held liable.
hundred thousand pesos (P500,000) or both.
14. Attempt in the commission of cybercrimeAny person who
willfully attempts to commit any of the offenses enumerated in this Act same as above
shall be held liable.
15. All crimes defined and penalized by the Revised Penal Code, as
Penalty to be imposed shall be one (1) degree higher than that
amended, and special laws, if committed by, through and with the use
provided for by the Revised Penal Code, as amended, and
of information and communications technologies shall be covered by
special laws, as the case may be.
the relevant provisions of this Act.
Although not exactly a cybercrime, I am including this here as penalties
are also imposed by the law.
16. Corporate Liability. (Section 9) For sanctioned actions, Juridical person shall be held liable for
When any of the punishable acts herein defined are knowingly a fine equivalent to at least double the fines imposable in
committed on behalf of or for the benefit of a juridical person, by a Section 7 up to a maximum of Ten million pesos
natural person acting either individually or as part of an organ of the (P10,000,000).For neglect such as misuse of computer
juridical person, who has a leading position within, based on:(a) a resources that resulted to cybercrime committed in organization
power of representation of the juridical person provided the act physical or virtual premises or resources, juridical person shall
committed falls within the scope of such authority;(b) an authority to be held liable for a fine equivalent to at least double the fines
take decisions on behalf of the juridical person. Provided, That the act imposable in Section 7 up to a maximum of Five million pesos
committed falls within the scope of such authority; or(c) an authority to (P5,000,000).Criminal liability may still apply to the natural
exercise control within the juridical person,It also includes commission person.
of any of the punishable acts made possible due to the lack of
supervision or control.