We use cookies to give you the best experience possible. By continuing we’ll assume you’re on board with our cookie policy

Check Writers' Offers

What's Your Topic?

Hire a Professional Writer Now

The input space is limited by 250 symbols

What's Your Deadline?

Choose 3 Hours or More.
2/4 steps

How Many Pages?

3/4 steps

Sign Up and Get Writers' Offers

"You must agree to out terms of services and privacy policy"
Get Offer

Cybercrime Prevention Act of 2012 or Republic Act No. 10175 Essay

Paper type: Essay Pages: 2 (469 words)

Views: 269

What are the Cybercrime Offenses?
offenses against confidentiality, integrity and availability of computer data and systems includes illegal access, illegal interception, data interference, system interference, misuse of device and cybersquatting computer related offenses

this includes computer-related forgery, fraud, identity theft content-related offenses
this includes cybersex, child pornography, unsolicited commercial communications and libel The definition under the Revised Penal Code (RPC) for libel is followed: public and malicious imputation of a crime, or of a vice, or defect, real or imaginary, or any act, omission, condition, status or circumstance tending to cause the dishonor, discredit or contempt of a natural or juridical person, or to blacken the memory of one who is dead.

Unsolicited commercial communications refer to the transmission of commercial electronic communication with the use of computer system which seek to advertise, sell or offer for sale products and services

The law also punishes those who aids or abets in the commission of the cybercrime as well as those who attempt to commit the same.

Penalties to be imposed include imprisonment of prision mayor or 12 years plus a fine ranging from P200,000 up to P1,000,000.
Under Sec. 12, law enforcement authorities shall be authorized to collect or record traffic data in real time associated with specified communications transmitted by means of a computer system. o The requirement for this is “due cause” and no warrant is necessary. o Traffic data refer to communication’s origin, destination, route, time date, size, duration or type à but excludes content. o To seize or disclose content, a court warrant is necessary.

Under Section 19, the Department of Justice can issue an order to restrict or block access to the computer data, should the computer data be found to be prima facie (presumed to be) in violation of the law. [Critics have called
this the take down clause]

The inclusion of libel
No clear definition à allowing people who share, retweet, post to be prosecuted Penalty for online libel is 12 years imprisonment as opposed to the libel under the RPC which is 4 years and 2 months. The Philippine libel law has been previously been declared by the UN Human Rights Commission as excessive and incompatible with international human rights law. (October 2011) Individuals can get punished for libel under the Cybercrime Law and under the RPC because of Sec. 7 which provides that a prosecution under this law shall be without prejudice to any liability for violation of the RPC or special laws. Under Section 19 or the “Takedown clause,” the Department of Justice can immediately order blocking access to your computer data, depriving you of the opportunity to access and see your stored information. Here, the DOJ acts as the prosecutor and the court who issues the “gag” order. Law is silent on the liability of service providers.

Cite this page

Cybercrime Prevention Act of 2012 or Republic Act No. 10175. (2016, Apr 07). Retrieved from https://studymoose.com/cybercrime-prevention-act-of-2012-or-republic-act-no-10175-essay

How to Avoid Plagiarism
  • Use multiple resourses when assembling your essay
  • Use Plagiarism Checker to double check your essay
  • Get help from professional writers when not sure you can do it yourself
  • Do not copy and paste free to download essays
Get plagiarism free essay

Not Finding What You Need?

Search for essay samples now


Your Answer is very helpful for Us
Thank you a lot!