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Tuesday, March 7, 2017

Cybercrime Prevention Act of 2012

The Cybercrime Prevention Act of 2012, officially recorded as Republic Act No. 10175, is a law that aims to address legal issues concerning online interactions and the Internet in the Philippines. Among the cybercrime offenses included in the bill are cybersquatting, cybersex, child pornography, identity theft, illegal access to data and libel.

One of the salient features of the act is it’s definition of certain cybercrimes which is internationally consistent in Section 4 of the act. Basically, Section 4 defines the offenses against the confidentiality, integrity and availability of computer data and systems, computer-related offenses, and content-related offenses.

The following are the offenses and their penalties:
  1. Illegal Access  
  2. Illegal Interception
  3. Data Interference
  4. System Interference
  5. Misuse of Devices
  6. Cyber-squatting
  7. Computer-related Forgery
  8. Computer-related
  9. Computer-related Identity Theft
  10. Cybersex
  11. Child Pornography
  12. Unsolicited Commercial
  13. Libel


Relate a provision of the law to a past experience as an IT student

I can relate almost all provisions of the law to my life as an IT student because all IT professionals are at risk of commiting offenses listed in this law. The law, covers even the most basic of the offenses that can be done online, which means that an uninformed IT student like me may be able to commit one of those and face the consequences.

The most common violation an IT student like me may commit is online libel. While it is still under debate if it is constitutional or not, libel is a very light offense with a heavy punishment under the 
Cybercrime Prevention Act.

Why is the act controversial?

The act is controversial mainly because of the provision punishing people who commit online libel and other provisions that impede with everybody’s right to freedom of speech.



Libel is defined as a published false statement that is damaging to a person's reputation; a written defamation. The Cybercrime Prevention Act punishes people who commit libel online. The main concern is this provision impedes people's right to freedom of speech. Why? Because the line separating libel and opinion is very thin. People who are just expressing their opinions may be charged with libel.

What should be done for it to become less controversial?\

What needs to be done is to amend the provisions about libel. In that way, everyone will be guaranteed free speech online unless it's a hate crime (or other forms of speech) that is punishable by other laws in the country.

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