Saturday, September 15, 2012

What is RA 10175 or Cyber Crime Prevention Act of 2012 - Scope and Penalties

Republic Act (RA 10175) was approved by PNOY last September 12, 2012. It is an act defining cyber crime, providing for prevention, investigation, suppression and the imposition of penalties therefor and for other purposes.

The National Bureau of Investigation (NBI) and the Philippine National Police (PNP) shall be responsible for efficient  and effective law enforcement of the provisions of this Act. The NBI and PNP shall organize a cyber crime unit or center manned by special investigators to exclusively handle cases involving violations of this Act.

RA 10175 Scope and Penalties

Approved: September 12, 2012
Scope: Punishable acts includes,

Section 4 - Cyber Crime Offenses

(a) Offenses against confidentiality, Integrity and availability of computer data and system
1. Illegal Access
2. Illegal Interception
3. Data Interference
4. System Interference
5. Misuse of Devices
6. Cyber-squatting

(b) Computer Related Offenses
1. Forgery
2. Fraud
3. Identity Theft

(c) Content Related Offenses
1. Cyber Sex
2. Child Pornography
3. Unsolicited Commercial Communications
4. Libel

Section 5 - Other Offenses
(a) Aiding or Abetting in the Commission of Cyber Crime
(b) Attempt in the Commission of Cyber Crime

1. For sections 4a and 4b, imprisonment of prision mayor or a fine of at least P200,000 or both.
2. For section 4a5, imprisonment of prision mayor or a fine of not more than P500,000 or both.
3. If section 4a are committed in critical infrastructure, penalty of reclusion temporal or a fine of at least P500,000 or both.
4. For section 4c1, imprisonment of prision mayor or a fine of at least P200,000 but not exceeding P1,000,000 or both.
5. For section 4c2, penalties as enumerated in RA 9775 or Anti-Child Pornography Act of 2009. 1 degree higher if committed in computer system.
6. For section 4c3, punishment of arresto mayor or a fine of at least P50,000 but not exceeding P250,000 or both
7. 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.
8. Corporate liability is equivalent to at least double the fines imposable in section 7 up to maximum of P10,000,000.

Number of Chapters: 8
Number of Sections: 31
Effectivity: 15 days after publication on at least 2 national newspapers of general circulation

Benefits and Advantages of RA 10175

1. Business on the internet are protected with this law.
2. Cyber Sex and Cyber Bullying is now a crime and punishable.
3. Tech knowledge for government will be lift up to combat cyber crimes such as hacking and theft.

Official Gazette RA 10175

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Anonymous said...

This law is 100% BULLSHIT. Especially with the Packet Scanning, this is 100% breaking through someone's privacy.

Anonymous said...

batas na wlang asim to e

Anonymous said...

Where is the libel provision here?

Anonymous said...

hi! can ishare this? i can't seem to access the official gazette at 'this web is not available' is shown.:(

GbSb said...

Libel is in Section 4c4 or you can visit the official gazette for the complete version.

Anonymous said...

kung inuna na lang nila mga holdaper, killers, kidnappers, rapist saka mga sindikato ang huhulihin at paparusahan, inuna p nila ito, WTF!!, this RA 10175 is BULLSHIT!!!

Anonymous said...

is piracy among them?

Anonymous said...

how about its disadvantages?

Anonymous said...

How can we communicate in other regions???

Anonymous said...

wala nang Facebook >.< zzzz

Anonymous said...

pano naman ang mga may pamilya sa labas, di na sila maka communicate... ???

Anonymous said...

please.... Stop this Stupid Crime!!!! Hindi na ako makapag chat sa mga pamilya ko!!! ughh......

Anonymous said...

hackers should be stop!!! not all the people

Anonymous said...

Please... Stop this kasi ang mga facebook namin ay sayang masyado!!!

Anonymous said...

wag nyo nang ipasa yan marami pang gagastosin ang gobyerno,PAno na ang pamilya ng mga OFW,mahirap nang makacommunicate

Anonymous said...

kunti nalang ang aming kasayahan sa computer kase wla nang fb

Anonymous said...

Call Me Maybe...

Anonymous said...

OA n'yo pwede pa mag-fb. Mag-ingat na lang sa post ninyo, baka libelous, ganun lang ang gustong sabihin sa section 4c4.

Anonymous said...

dapat wala na itong batas na ito pero kung meron man ang mga hackers lng dapat makulong..............................diba...

Anonymous said...

nasaan na ang demokrasya??
kaw pa naman sana ang anak nang nagpatupad sa ating kalayaan.,...

RadicaLmind said...

There are so many provisions that were not thoroughly reviewed.

Even Senator Miriam Defensor is asking why the Senate passed the Law. She cited the following as questionable.

Sec. 4 para 4. It makes libel a cybercrime, if committed online;
Sec. 5. It punishes any person who aids or abets the commission of any cybercrime, even if it is only through Facebook or Twitter;
Sec. 6. It adopts the entire Penal Code, if the crime is committed by the use of information technology, but the penalty shall be one degree higher;
Sec. 7. It makes the same crime punishable, both under the Penal Code and the Cybercrime Act;
Sec. 19. It authorizes the Department of Justice to issue an order to restrict access to computer data which is found to be prima facie in violation of the new law. Sec. 19 is called "the takedown clause."

But has more shocking criticisms that everyone should know.

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