LIVING IN THE IT ERA
MST 101
Ma. Edrose Francia
Instructor
CHAPTER 6.1
OVERVIEW OF PHILIPPINE
CYBERCRIME
ANTI PHOTO
AND VIDEO
VOYEURISM
ACT
R.A. NO. 9995
Title. - This Act shall be known as the "AntiPhoto and Video Voyeurism Act of
2009”.
Declaration of Policy. - The State values the
dignity and privacy of every human person
and guarantees full respect for human
rights. Toward this end, the State shall
penalize acts that would destroy the honor,
dignity and integrity of a person.
PURPOSE OF THIS ACT
The law aims to prevent the violation of a
person's privacy, specifically when it comes to
intimate and private moments. It makes it
illegal to capture, copy, sell, or distribute
photos or videos of people engaged in sexual
activities or other private acts without their
consent.
PROHIBITED ACTS
1. Taking Photos or Videos Without Consent
Capturing an image or video of a person engaged
in sexual activity or other private acts without
their consent.
Imprisonment: Three (3) to seven (7) years.
Fine: ₱100,000 to ₱500,000.
PROHIBITED ACTS
2. Reproduction of Photos or Videos
Copying or reproducing the photos or videos of
such private acts, whether through digital or
physical means, without the consent of the
person involved.
Imprisonment: Three (3) to seven (7) years.
Fine: ₱100,000 to ₱500,000.
PROHIBITED ACTS
3. Selling or Distribution of Photos or
Videos
Selling or distributing photos or videos of private
acts without consent, regardless of whether the
original recording was obtained with permission.
Imprisonment: Three (3) to seven (7) years.
Fine: ₱100,000 to ₱500,000.
PROHIBITED ACTS
4. Publishing or Broadcasting
Broadcasting or publishing the private photos or
videos in any media platform, including the
internet, without the person's consent
Imprisonment: Three (3) to seven (7) years.
Fine: ₱100,000 to ₱500,000.
PROHIBITED ACTS
5. Unauthorized Showing of the Photos or
Videos
Showing or exhibiting the photos or videos of
private acts to others without the consent of the
individual involved.
Imprisonment: Three (3) to seven (7) years.
Fine: ₱100,000 to ₱500,000.
CYBERCRIME
PREVENTION
ACT OF 2012
REPUBLIC ACT NO. 10175
Title. - This Act shall be known as the
"Cybercrime Prevention Act of 2012"
This law aims to address legal issues
concerning online interactions and the internet
in the Philippines. It defines and penalizes
various cybercrimes, including offenses that
take place over electronic systems, networks,
or devices.
PUPOSE OF THIS ACT
• The Cybercrime Prevention Act of 2012 is
designed to combat a broad range of
cybercrimes, improve cybersecurity, and
protect citizens from online offenses. It
includes penalties for crimes such as hacking,
identity theft, cybersex, child pornography, libel
committed through online means, and other
unlawful acts done via the internet.
CATERGORIES OF
PENALTIES
1. Offenses Against the Confidentiality,
Integrity, and Availability of Computer
Data and Systems
2. Computer-Related Offenses
3. Content-Related Offenses
1. Offenses Against the Confidentiality,
Integrity, and Availability of Computer
Data and Systems
Illegal Access- Unauthorized access to a
computer system.
Example: Hacking into someone’s account
without permission.
Penalty: Imprisonment of prision mayor (6 years
and 1 day to 12 years) or a fine of at least ₱200,000
up to a maximum amount commensurate to the
damage incurred or both.
1. Offenses Against the Confidentiality,
Integrity, and Availability of Computer
Data and Systems
Illegal Interception- Unauthorized interception
of non-public transmissions of data.
Example: Eavesdropping on private
conversations or data being transmitted over a
network.
Penalty: Imprisonment of prision mayor (6 years
and 1 day to 12 years) or a fine of at least ₱200,000
up to a maximum amount commensurate to the
damage incurred or both.
1. Offenses Against the Confidentiality,
Integrity, and Availability of Computer
Data and Systems
Data Interference- Unauthorized alteration,
deletion, or suppression of computer data.
Example: Modifying or corrupting files on
someone else's computer without permission.
Penalty: Imprisonment of prision mayor (6 years
and 1 day to 12 years) or a fine of at least ₱200,000
up to a maximum amount commensurate to the
damage incurred or both.
1. Offenses Against the Confidentiality,
Integrity, and Availability of Computer
Data and Systems
System Interference- Intentional disruption of
the functioning of a computer system or
network.
Example: Launching a Distributed Denial of
Service (DDoS) attack to shut down a website.
Penalty: Imprisonment of prision mayor (6 years
and 1 day to 12 years) or a fine of at least ₱200,000
up to a maximum amount commensurate to the
damage incurred or both.
1. Offenses Against the Confidentiality,
Integrity, and Availability of Computer
Data and Systems
Misuse of Devices- Possession, production, or
distribution of devices or software designed for
committing cybercrimes.
Example: Selling hacking tools that can be used
to illegally access systems.
Penalty: Imprisonment of prision mayor (6 years
and 1 day to 12 years) or a fine of at least ₱200,000
up to a maximum amount commensurate to the
damage incurred or both.
1. Offenses Against the Confidentiality,
Integrity, and Availability of Computer
Data and Systems
Cyber Squatting - Registering, selling, or using
a domain name in bad faith to profit from
someone else's trademark or personal
information.
Example: Registering a domain name that uses a
well-known company’s brand to extort money
from them.
Penalty: Imprisonment of prision mayor (6 years and 1 day to
12 years) or a fine of at least ₱200,000 up to a maximum
amount commensurate to the damage incurred or both.
2. COMPUTER RELATED OFFENSE
Computer-related Forgery - Inputting, altering,
or deleting data resulting in unauthentic data to
the disadvantage of another.
Example: Modifying digital documents like etickets or contracts to defraud
someone.
Penalty: Imprisonment of prision mayor (6 years
and 1 day to 12 years) or a fine of at least ₱200,000 or
both..
2. COMPUTER RELATED OFFENSE
Computer-related Fraud - Unauthorized
manipulation of computer data or systems that
result in economic loss.
Example: Using fake credit card information
online to make purchases.
Penalty: Imprisonment of prision mayor (6 years
and 1 day to 12 years) or a fine of at least ₱200,000 or
both..
2. COMPUTER RELATED OFFENSE
Computer-related Identity Theft Unauthorized acquisition, use, or misuse of
someone's personal data to impersonate them.
Example: Using someone's personal information
to apply for loans or open bank accounts.
Penalty: Imprisonment of prision mayor (6 years
and 1 day to 12 years) or a fine of at least ₱200,000 or
both..
3. CONTENT-RELATED OFFENSE
Cybersex - Engaging in or facilitating sexual
activities using the internet for profit, gain, or
exploitation
Example: Operating or participating in online
sexual services in exchange for money.
Penalty: Imprisonment of prision mayor (6 years
and 1 day to 12 years) or a fine of at least ₱200,000
up to ₱1,000,000 or both.
3. CONTENT-RELATED OFFENSE
Child Pornography - Any form of child
pornography distributed, published, or
transmitted via a computer system.
Example: Uploading or sharing child
pornography videos or images.
Penalty: Reclusion temporal (12 years and 1 day to
20 years) and a fine ranging from ₱1,000,000 to
₱2,000,000 depending on the circumstances, or both.
3. CONTENT-RELATED OFFENSE
Unsolicited Commercial Communications
(Spam) - Sending advertising or promotional
material without the recipient’s consent through
a computer network.
Example: Sending mass unsolicited emails
promoting products or services.
Penalty: Imprisonment of arresto mayor (1 month
and 1 day to 6 months) or a fine of at least ₱50,000
but not exceeding ₱250,000, or both.
3. CONTENT-RELATED OFFENSE
Online Libel - Defamatory statements made
against a person through digital platforms,
including social media.
Example: Posting false, harmful content about a
person online, damaging their reputation.
Penalty: Imprisonment of prision correccional (6
months and 1 day to 6 years) or a fine ranging from
₱40,000 to ₱1,000,000, or both, depending on the
gravity of the offense.
LAW ENFORCERS OF THIS ACT
1. The Cybercrime Investigation and Coordinating
Center (CICC)
2. The National Bureau of Investigation (NBI)
3. The Philippine National Police (PNP)
4. The Department of Justice (DOJ) – Office of
Cybercrime
5. The Department of Information and
Communications Technology (DICT)
1. The Cybercrime Investigation
and Coordinating Center (CICC)
The CICC is the primary agency created
under the Cybercrime Prevention Act to
implement and enforce the provisions
of the law. It coordinates with other law
enforcement agencies and government
offices for cybercrime prevention,
investigation, and prosecution.
2. The National Bureau of Investigation
(NBI)
The NBI, through its Cybercrime
Division,
is
responsible
for
investigating cybercrimes such as
hacking, cyber fraud, and cyber-related
child pornography. The NBI acts upon
complaints,
conducts
forensic
investigations,
and
assists
in
apprehending cybercriminals.
3. The Philippine National Police
(PNP)
The PNP, specifically through its AntiCybercrime Group (ACG), is also
responsible for enforcing the law. The
PNP-ACG investigates cybercrimes,
conducts raids and arrests, and
provides support to other law
enforcement agencies.
4. The Department of Justice (DOJ)
– Office of Cybercrime
The DOJ is responsible for prosecuting
cybercrime cases.
5. The Department of Information
and Communications Technology
(DICT)
The DICT is tasked with providing
technical assistance and promoting
cybersecurity initiatives. It works with
the CICC in the formulation of
cybersecurity policies and plans, and
provides the technological expertise
necessary for cybercrime enforcement.
CONCLUSION
The Cybercrime Prevention Act of 2012 (R.A. No.
10175) is a comprehensive law designed to protect
individuals, organizations, and the State from crimes
committed through digital and electronic platforms.
It addresses various cybercrimes such as hacking,
identity theft, cybersex, child pornography, and online
libel, imposing strict penalties to deter malicious
activities.
CONCLUSION
The law empowers multiple government agencies,
including the CICC, NBI, and PNP, to enforce its
provisions, ensuring efficient investigation and
prosecution of cybercriminals.
Overall, the Act fosters a safer and more secure digital
environment while balancing the protection of privacy
and rights of online users.
Thank you!
