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
- The House of Representatives Press Release: http://bit.ly/L284uB
- Link for the PDF bill as duly signed by the House, Senate and the President: http://bit.ly/R44unc
- 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
- 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”.
- 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…”
- 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”.
- 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!
This entry was posted on September 25, 2012 by Aiscer. It was filed under Computers and Internet, Cyber Space and was tagged with Cyber-bullying, Cyber-crime, Cybercrime, Cyberspace Law, Laws, Laws. Law, Legal, Philippine Cyber-crime, Phishing, Trolling.