X. Cybercrime Prevention Act of 2012 (RA 10175, Ch. II)

G. Cybercrime Prevention Act of 2012

(R.A. No. 10175, secs. 4-7)

Cybercrime Prevention Act of 2012 (RA 10175)

Offenses against the confidentiality, integrity and availability of computer data and systems

• Illegal Access – the access to the whole or any part of a computer system without right
• Illegal Interception – interception made by technical means without right of any nonpublic transmission of computer data to, from, or within a computer system including electromagnetic emissions from a computer system carrying such computer data.
• Data Interference – intentional or reckless alteration, damaging, deletion or deterioration of computer data, electronic document, or electronic data message, without right, including the introduction or transmission of viruses.
• System Interference – intentional alteration or reckless hindering or interference with the functioning of a computer or computer network by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data or program, electronic document, or electronic data message, without right or authority, including the introduction or transmission of viruses.
• Misuse of Devices
• The use, production, sale, procurement, importation, distribution, or otherwise making available, without right, of:
• A device, including a computer program, designed or adapted primarily for the purpose of committing any of the offenses under this Act; or
• A computer password, access code, or similar data by which the whole or any part of a computer system is capable of being accessed with intent that it be used for the purpose of committing any of the offenses under this Act.
• The possession of an item referred to above with intent to use said devices for the purpose of committing any of the offenses under this section.
• Cyber-squatting – acquisition of a domain name over the internet in bad faith to profit, mislead, destroy reputation, and deprive others from registering the same, if such a domain name is:
• Similar, identical, or confusingly similar to an existing trademark registered with the appropriate government agency at the time of the domain name registration;
• Identical or in any way similar with the name of a person other than the registrant, in case of a personal name; and
• Acquired without right or with intellectual property interests in it.

Other offenses (Sec. 5

• Aiding or Abetting in the Commission of Cybercrime – any person who willfully abets or aids in the commission of any of the offenses enumerated in this Act shall be held liable.

The Supreme Court in the case of Disini v. Secretary of Justice, G.R. No. 203335, 2014) declared that this provision only penalizes aiding or abetting and attempt in the commission of cybercrime as valid and constitutional only in relation to:

• Illegal Access
• Illegal Interception
• Data Interference
• System Interference
• Misuse of Devices
• Cyber Squatting
• Computer- related Forgery
• Computer- related Fraud
• Computer-related Identity Theft
• Cybersex

HOWEVER, the aiding-or-abetting provision is considered void and unconstitutional in relation to child pornography, unsolicited commercial communications, and online libel. The attempt provision is considered void and unconstitutional in relation to child pornography and online libel.

• Attempt in the Commission of Cybercrime — any person who willfully attempts to commit any of the offenses enumerated in this Act shall be held liable.

Jurisprudence:

Whether emailing is sufficiently “public” as required by Articles 353 and 355 of the RPC and the AntiCybercrime Law, is a matter of defense that should be properly raised during trial. While grievances, channeled through proper public authorities, has a degree of protected freedom of speech, the scope and extent of that protection cannot be grounded in abstractions. The facts of the case need to be proven by evidence. (Dio v. People, G.R. No. 208146)

Art. 356. Threatening to Publish Libel and Offer to Prevent such Publication for a Compensation

Any person who threatens another to publish a libel concerning him or the parents, spouse, child, or other member of the family of the latter, or anyone who shall offer to prevent the publication of such libel for a compensation or money consideration.

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