Member Article

What it’s about

The Cybercrime Prevention Act (Republic Act No. 10175) penalizes “cybercrimes”— acts that fall into any of these major categories:

a) offenses against the confidentiality, integrity and availability of computer data and systems (e.g., illegal access, data interference);

b) computer-related offenses (e.g., computer-related forgery and fraud);

c) content-related offenses (e.g., cybersex).

The law took effect on 3 November 2012. However, several petitions assailing the constitutionality of the law have been filed before the Philippines Supreme Court. The latter issued a temporary restraining order enjoining the implementation of the new law, which order is effective until 6 February 2013. Petitioners are seeking an extension of the order.

Key Provisions

· Other acts penalized under the Revised Penal Code and special laws, if committed “with the use of information and communications technologies,” are covered by the Cybercrime Prevention Act and are penalized with a penalty that is one degree higher than the penalty provided for under the Revised Penal Code or the pertinent special law for that particular act. The Cybercrime Prevention Act also specifically makes libel a cybercrime, if committed “through a computer system or any other similar means which may be devised in the future.”

· The Philippine National Police and the Philippine National Bureau of Investigation may be authorized, with due cause, to “collect or record by technical or electronic means traffic data in real-time associated with specified communications transmitted by means of a computer system.”

· The Department of Justice may, upon a prima facie showing that computer data is violative of the Cybercrime Prevention Act, issue an order to restrict or block access to such computer data...

Read the rest of the article by downloading the Technology, Media & Telecoms Legal Bulletin (Jan. 2013) from the SyCipLaw website.