Under the miniscule prism

Cybercrime Laws in the Philippines, the next steps..

  • Progress o f Democracy

July 2011, I was able to advocate knowledge and awareness about any existing Law for Cybercrime in the Philippines. Nearly a year after, the 15th Congress has passed the Cybercrime bill or House Bill 5808 moving it up to the Senate on June 4, 2012 and on June 5, 2012 the Senate has duly approved the Bill. Finally, on September 12, 2012 President Benigno Aquino III has signed it as Republic Act #10175 or to be known as the “Cybercrime Prevention Act of 2012”.

  • Highlights of R.A. #10175
  1. The House of Representatives Press Release: http://bit.ly/L284uB
  2. Link for the PDF bill as duly signed by the House, Senate and the President: http://bit.ly/R44unc
  3. The Republic Act#10175 as seen on the Official Gazette of the Republic of the Philippines: http://bit.ly/Qb1nFj

Chapter VIII: Sec. 31 States the “Effectivity. — This Act shall take effect fifteen (15) days after the completion of its publication in the Official Gazette or in at least two (2) newspapers of general circulation”. Thus, on September 27, 2012 this R.A. will now take its full effect.

  • Notable Sections and Articles
  1. Protection against Spam Selling: Chapter II – Punishable Acts, Section 4(c)(3) for Cyber Offenses – “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…” with a Penalty under Chapter III, Sec. 8 – “imprisonment of arresto mayor or a fine of at least Fifty thousand pesos (PhP50,000.00) but not exceeding Two hundred fifty thousand pesos (PhP250,000.00) or both”.
  2. Protection against Cyber-Squatting includes infringements and intellectual property rights: Chapter II – Punishable Acts, Section 4(a)(6): “The acquisition of a domain name over the internet in bad faith to profit, mislead, destroy reputation, and deprive others from registering the same…”
  3. Protection against Identity Theft: Chapter II – Punishable Acts, Section 4(b)(3) – “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”.
  4. Protection against Cyber-Bullying: Chapter II – Punishable Acts, Section 4(c)(4) 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”.

So take heed to those who does not know the Law as the maxim goes “Ignorance of the Law excuses no one”.

  • A triumph for democracy

Contrary to the idea, the R.A. #10175 will not suppress the freedom of speech but instead give accountability and responsibility of speech.  I will not go into a long debate against anyone whose minds are closed in contrast to protecting the privacy and integrity of anyone whether an individual or a company within the realm of cyber-space.

This is indeed a monumental triumph for the House, Senate and the President which I want to duly congratulate for laying down a well thought of Law. The wait was well worth it. This shall protect the rights of every Filipino globally and locally against any form of Cybercrime.

Mabuhay ka Pinoy!
Sun

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3 responses

  1. Pingback: Cybercrime Laws in the Philippines? « Crimson Spectrum

  2. Abegail Claro

    I know this might be a little late but I just had the chance to read this “Digital Martial Law: Cyber Crime Prevention” that everyone has been blabbing about and I must say, it’s a perdition! what a cretinous law.
    I believe this law doesn’t only violate our ‘freedom of speech’ but also our whole existence. We, as living creatures gifted with emotion and wit, is being FORCED not to express what we know / how we feel –especially if it’s highly offensive to the ‘elite’ but hugely beneficial to the majority, to the mass.
    Also, it pisses on our ability to think and respond accordingly to things and happenings around us, may it be a national event or just a normal, day-to-day incident. I, for one, uses sarcastic and crude words to people or crappy situations—I can’t stand not reacting to exploits because it’s not acceptable to others, just crush my brain, will you?!
    Furthermore, I can’t imagine not ‘liking’ a picture, a status, a video or post just because I might end up in jail or having to delete ancient posts just because this law applies to all online posts that has been or will be published.
    Really, you guys up there, what were you thinking? This is such a desperate move to silence everyone who crosses you and your diabolical deeds. It is a smart move for the corrupt but idiotic and unfair to the ‘Sovereign Filipino People’ that you’re allegedly protecting.

    October 2, 2012 at 7:30 PM

    • Thank you for your strong words and comment Abegail. This is in fact you exercising that freedom for speech and being heard for your own opinion. The brouhaha that this Law has brought about just isn’t right and is a plain exaggeration of what it does do. Let me bring you this very nice and intelligent conversation: http://on.fb.me/Sxos8N
      One of my own philosophies in life goes as “feedback either positive or negative is still feedback” which help us see things in a different perspective and light. Although, that it is true that we are all capable of emotion and wit – it is this that distinguishes us as a species. Yet as sentient species, we also nurture acts of right and wrong.
      On the contrary, I don’t see anything which either violates our own freedom for speech nor exercising the right to be heard. The nepotism that others derive from the enactment of this Law by justifying that it does not protect the weak and ignorant but instead favors only the few and elite is being fueled by their own ulterior purpose.
      Choosing from a Law or none at all is a dilemma in itself. But in a dilemma we choose a lesser evil which in this case is to have one. Furthermore, this is a challenge to the nation now to see and work with each one’s differences; this is the essence of sovereignty. We will not move on and mature as a nation unless we learn to change our own consciousness in a greater good and see a perspective that we all need to protect everyone’s integrity, privacy, and security in the cyber-world.

      October 3, 2012 at 4:27 PM

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