Republic Act No.

10175

CYBERCRIME PREVENTION ACT

Why do we need to know about this law?

We are now in the computer age and almost
everything we do involves the computer.
Almost everyone has access to internet.
It is necessary to know the environment that you are a
part ofthe cyber space.

Objective
To provide general awareness of cybercrime
Recognize cybercrime methods
To learn how to keep away from being a victim

What is cybercrime?

 Computer refers to
electronic, magnetic,
optical, electrochemical,
or other data processing
or communications
device or grouping of
such devices, capable of
performing logical,
arithmetic, routing or
storage functions.

Offenses against the confidentiality,

integrity and availability of computer data
systems

Illegal access

Illegal interception

Data interference

System interference

Misuse of device

Computer related offenses

Computer-related forgery
Computer-related fraud
Computer-related
identity theft

Content related offenses

Child pornography

What are unlawful or prohibited acts under

RA 9775?
(a) To hire, employ, use, persuade, induce or coerce a child to perform in the
creation or production of any form of child pornography;
(b) To produce, direct, manufacture or create any form of child pornography;
(c) To publish offer, transmit, sell, distribute, broadcast, advertise, promote,
export or import any form of child pornography;
(d) To possess any form of child pornography with the intent to sell, distribute,
publish, or broadcast: Provided. That possession of three (3) or more articles of
child pornography of the same form shall be prima facie evidence of the intent to
sell, distribute, publish or broadcast;
(e) To knowingly, willfully and intentionally provide a venue for the commission of
prohibited acts as, but not limited to, dens, private rooms, cubicles, cinemas,
houses or in establishments purporting to be a legitimate business;
(f) For film distributors, theaters and telecommunication companies, by
themselves or in cooperation with other entities, to distribute any form of child
pornography;

Contd.
(g) For a parent, legal guardian or person having custody or
control of a child to knowingly permit the child to engage,
participate or assist in any form of child pornography;
(h) To engage in the luring or grooming of a child;
(i) To engage in pandering of any form of child pornography;
(j) To willfully access any form of child pornography;
(k) To conspire to commit any of the prohibited acts stated in
this section. Conspiracy to commit any form of child
pornography shall be committed when two (2) or more persons
come to an agreement concerning the commission of any of the
said prohibited acts and decide to commit it; and
(l) To possess any form of child pornography.

Other cybercrimes
Cyber-squatting acquisition
of a domain name over the
internet, in bad faith, in order
to profit, mislead, destroy
reputation and deprive others
from registering the same, if
such domain name is:

Similar, identical or confusingly

similar to an existing trademark

Identical or in any way similar with

the name of a person other than the
registrant

Acquired without right

Contd:
Cybersex is the willful engagement, maintenance,
control or operation directly or indirectly, of any
lascivious exhibition of sexual organs, sexual activity,
with the aid of a computer system, for favor or
consideration

Cybersex involving a child is punishable in both this act and under the
Revised Penal Code, as amended.

Libel Libel as defined in Art 355 of the RPC,

committed through a computer system or any other
similar means which maybe devised in the future

What is libel?
--- a 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 discredit or
cause the dishonor or contempt of a natural or juridical
person, or to blacken the memory of one who is dead.
Elements of libel:
(a)imputation of a discreditable act or condition to
another;
(b)publication of the imputation;
(c) identity of the person defamed; and
(d)existence of malice.

When is a defamatory imputation

considered malicious?
General rule:

All defamatory imputation is considered as malicious (malice in law)

Exceptions:
1.

A private communication made by any person to another in the

performance of any legal, moral or social duty; and

2.

A fair and true report, made in good faith, without any comments
or remarks, of any judicial, legislative or other official proceedings
which are not of confidential nature, or of any statement, report or
speech delivered in said proceedings, or of any other act
performed by public officers in the exercise of their functions.

In sum:
HOW COMMITTED:
By means of writing, printing, lithography, engraving, radio, phonograph, painting,
theatrical exhibition, cinematographic exhibition, or any similar means.
PERSONS RESPONSIBLE:
Any person who shall publish, exhibit, or cause the publication or exhibition of any
defamation in writing or by similar means, shall be responsible for the same. The
author or editor of a book or pamphlet, or the editor or business manager of a daily
newspaper, magazine or serial publication, shall be responsible for the defamations
contained therein to the same extent as if he were the author thereof.
DEFENSES:
Truth ALONE is not a defense for LIBEL. Good motive and justifiable end must be
proven as well.
Proof of the truth of an imputation of an act or omission not constituting a crime shall
not be admitted, unless the imputation shall have been made against Government
employees with respect to facts related to the discharge of their official duties.
In such cases if the defendant proves the truth of the imputation made by him, he
shall be acquitted.

Penalties

Crime
Imprisonment Fine
Offenses against C.I.A.
6 y & 1 d to 12 y P200,000.00 up
Except Misuse of Devices 6 y & 1 d to 12 y Not more than
P500,000
If committed against
12 y & 1 d to 20 P500,000.00 up
critical infrastructure
y
Computer-related
6 y & 1 d to 12 y P200,000.00 up
Offenses
Content-related (child
4(l) 2 m, 1 d to 3 P50,000 to
porno)
m
100,000.00
Cyber-squatting
6 y & 1 d to 12 y P200,000.00 up to
P500K
Cyber-sex
6 y & 1 d to 12 y P200,000.00 up to
P1M

Cybercrime statistics in the Philippines

2013- 2015
Based on complaints filed

129
127

346

89

260

On line scams
Photo and video voyeurism

240

On line libel
identity theft

Others
online threats

- See more at: http://www.gmanetwork.com/news/story/534597/scitech/technology/top-5-cybercrimes-complaints-in-the-philippines-according-to-pnp#sthash.hGYXCz6X.dpuf

Dos and Donts

DO.
Set security setting to the most secure setting
available
Make a unique password for every social site
Be selective as to who to accept as a friend or
follower
Assume that photos, status updates, videos posted on
social networks are permanent

DONTS
Post information that may endanger your security
Post anything on line that would cause problems if
made public
Click on links that appears unusual or suspicious
Post information that can lead hackers to passwords
for online banking and other transactions

The End
THANK YOU!