The Cybercrime Prevention Act of 2012 is a Philippine law that aims to address legal issues concerning online interactions and prevent cybercrime. It covers a wide range of offenses, including illegal access, data interference, device misuse, and cybersex. The law establishes penalties for cybercrime of imprisonment, fines, or both. It also mandates the creation of a cybercrime unit to exclusively handle cybercrime cases. The Act seeks to provide a legal framework for investigating, prosecuting, and punishing online offenses in order to maintain a safe cyberspace environment.
The Cybercrime Prevention Act of 2012 is a Philippine law that aims to address legal issues concerning online interactions and prevent cybercrime. It covers a wide range of offenses, including illegal access, data interference, device misuse, and cybersex. The law establishes penalties for cybercrime of imprisonment, fines, or both. It also mandates the creation of a cybercrime unit to exclusively handle cybercrime cases. The Act seeks to provide a legal framework for investigating, prosecuting, and punishing online offenses in order to maintain a safe cyberspace environment.
The Cybercrime Prevention Act of 2012 is a Philippine law that aims to address legal issues concerning online interactions and prevent cybercrime. It covers a wide range of offenses, including illegal access, data interference, device misuse, and cybersex. The law establishes penalties for cybercrime of imprisonment, fines, or both. It also mandates the creation of a cybercrime unit to exclusively handle cybercrime cases. The Act seeks to provide a legal framework for investigating, prosecuting, and punishing online offenses in order to maintain a safe cyberspace environment.
access (hacking), data interference, device - The Cybercrime Prevention Act of 2012, misuse, cybersquatting, computer-related officially recorded as Republic Act No. offenses such as computer fraud, content- 10175, is a law in the Philippines that was related offenses such approved on September 12, 2012. It aims to as cybersex and spam, and other offenses. address legal issues concerning online The law also reaffirms existing laws interactions and the Internet in the against child pornography, an offense under Philippines. Republic Act No. 9775 (the Anti-Child Pornography Act of 2009), and libel, an - The Philippine Congress enacted Republic offense under Section 355 of the Revised Act No. 10175 or “Cybercrime Prevention Penal Code of the Philippines, also Act of 2012” which completely address criminalizing them when committed using a crimes committed against and by means of computer system. Finally, the Act includes a computer system on 12 September 2012. It "catch-all" clause, making all offenses includes penal substantive rules, procedural currently punishable under the Revised rules and also rules on international Penal Code also punishable under the Act cooperation. when committed using a computer, with What is cybercrime violation? more severe penalties than what was provided by the Revised Penal Code alone. - Cybercrime violates individuals' privacy and the security of their data, particularly - The Act has universal jurisdiction: its hacking, malware, identity theft, financial provisions apply to all Filipino nationals fraud, medical fraud, and certain offences regardless of the place of commission. against persons that involve the revealing of Jurisdiction also lies when a punishable act personal information, messages, images, is either committed within the Philippines, and video and audio recordings without whether the erring device is wholly or partly individuals' consent. situated in the Philippines, or whether damage was done to any natural or juridical What is the purpose of the Cybercrime person who at the time of commission was Prevention Act of 2012? within the Philippines. Regional Trial Courts shall have jurisdiction over cases - It seeks to prevent cybercrime by providing involving violations of the Act. a legal framework for investigating, prosecuting, and punishing online offenses. - A takedown clause is included in the Act, The law covers a wide range of empowering the Department of Justice to cybercrimes, including hacking, online restrict and/or demand the removal of fraud, identity theft, cybersex, and child content found to be contrary to the pornography. provisions of the Act, without the need for a court order. This provision, originally not What is the penalty for cybercrime in the included in earlier iterations of the Act as it Philippines? was being deliberated through Congress, was inserted during Senate deliberations on - Any person found guilty of any of the May 31, 2012.[11] Complementary to the punishable acts enumerated in Section 4A takedown clause is a clause mandating the of this Act shall be punished retention of data on computer servers for six with imprisonment of prison mayor or a fine months after the date of transaction, which of at least Two Hundred Thousand Pesos may be extended for another six months (Php200,000.00) up to a maximum amount should law enforcement authorities request commensurate to the damage incurred or it. both. - The Act also mandates the National Bureau of Investigation and the Philippine National What are examples of cybercrime? Common Police to organize a cybercrime unit staffed forms of cybercrime by special investigators whose responsibility - Hacking, shutting down or misusing will be to exclusively handle cases websites or computer networks spreading pertaining to violations of the Act, under the hate and inciting terrorism; distributing child supervision of the Department of Justice. pornography; grooming: making sexual The unit is empowered to, among others, advances to minors. collect real-time traffic data from Internet service providers with due cause, require What is RA 10175 Why is it important? the disclosure of computer data within 72 hours after receipt of a court warrant from a - The act recognizes the far-reaching service provider, and conduct searches and implications of crimes committed on the seizures of computer data and equipment. internet or through computer systems. It - The enactment of Republic Act 10876 (The establishes the necessary legal frameworks National Bureau of Investigation to detect, investigate, and prosecute these Reorganization and Modernization Act) crimes, aiming to maintain a safe empowers the NBI to have the primary cyberspace environment for all. jurisdiction in investigating violations of PROVISIONS Republic Act 10175 (Cybercrime Prevention Act 2012). The Act, divided into 31 sections split across eight chapters, criminalizes several