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Constitutionality of RA 10175 Provisions

The document analyzes the constitutionality of selected provisions of the Philippine Cybercrime Law (RA 10175) by comparing them to other relevant laws and an international treaty on cybercrime. It studies jurisprudence from local and foreign courts. It finds that provisions on libel, cybersex, spam, and offenses against computer data integrity are constitutional, but the provision on virtual child pornography is unconstitutional based on a foreign court decision. Some provisions are similar to the international Cybercrime Convention, though the Philippines has not yet signed that treaty.

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Don Don Menzon
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9 views2 pages

Constitutionality of RA 10175 Provisions

The document analyzes the constitutionality of selected provisions of the Philippine Cybercrime Law (RA 10175) by comparing them to other relevant laws and an international treaty on cybercrime. It studies jurisprudence from local and foreign courts. It finds that provisions on libel, cybersex, spam, and offenses against computer data integrity are constitutional, but the provision on virtual child pornography is unconstitutional based on a foreign court decision. Some provisions are similar to the international Cybercrime Convention, though the Philippines has not yet signed that treaty.

Uploaded by

Don Don Menzon
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd

THE CONSTITUTIONALITY OF SELECTED PROVISIONS OF

RA 10175 OR THE CYBERCRIME LAW

SUBMITTED BY:

GROUP 2/ FRIDAY

ALBA, DIANA JEAN

BERSAMIRA, ANTHONY KAY

ELAURIA, ERLA RHYSA

MENZON, ROMUALDO, JR.

NICOLAS, DANA SHARMAINE

SUBMITTED TO:

ATTY. DAVID BALLESTEROS

ADVANCE LEGAL WRITING, SET B, FRIDAYS, 2PM-5PM


ABSTRACT

The research focused on selected provisions of RA 10175 or the Cybercrime Law

and compared these with the provisions of RA 9775 or the Anti-Child Pornography Law,

RA 8792 or the Electronic Commerce Act, and the international treaty on cybercrime,

the Convention on Cybercrime of the Council of Europe. The research also studied the

local and foreign jurisprudence and related these with the selected provisions of RA

10175. The findings in the research revealed that the provisions of RA 10175 on libel,

cybersex, unsolicited commercial communications, and offenses against the

confidentiality, integrity and availability of computer data and systems are constitutional

while the provision on child pornography specifically on virtual child pornography is

unconstitutional as decided by a foreign court having similar provisions with RA 10175.

Finally, the research found that some provisions of RA 10175 are similar with those of

the Convention on Cybercrime, however, the Philippines is not yet a signatory of the

said Convention.

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