CDI 9
REPUBLIC ACT NO. 10175
AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION,
INVESTIGATION, SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR
AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
CHAPTER I
PRELIMINARY PROVISIONS
Section 1. Title. — This Act shall be known as the "CYBERCRIME PREVENTION ACT OF
2012″.
Section 3. Definition of Terms. — For purposes of this Act, the following terms are hereby
defined as follows:
(a) ACCESS refers to the instruction, communication with, storing data in, retrieving data
from, or otherwise making use of any resources of a computer system or communication
network.
(b) ALTERATION refers to the modification or change, in form or substance, of an
existing computer data or program.
(c) COMMUNICATION refers to the transmission of information through ICT media,
including voice, video and other forms of data.
(d) COMPUTER refers to an 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 and which includes any
storage facility or equipment or communications facility or equipment directly related to
or operating in conjunction with such device. It covers any type of computer device
including devices with data processing capabilities like mobile phones, smart phones,
computer networks and other devices connected to the internet.
(e) COMPUTER DATA refers to any representation of facts, information, or concepts in a
form suitable for processing in a computer system including a program suitable to cause
a computer system to perform a function and includes electronic documents and/or
electronic data messages whether stored in local computer systems or online.
(f) COMPUTER PROGRAM refers to a set of instructions executed by the computer to
achieve intended results.
(g) COMPUTER SYSTEM refers to any device or group of interconnected or related
devices, one or more of which, pursuant to a program, performs automated processing of
data. It covers any type of device with data processing capabilities including, but not
limited to, computers and mobile phones. The device consisting of hardware and
software may include input, output and storage components which may stand alone or
be connected in a network or other similar devices. It also includes computer data
storage devices or media.
(h) WITHOUT RIGHT refers to either: (i) conduct undertaken without or in excess of
authority; or (ii) conduct not covered by established legal defenses, excuses, court
orders, justifications, or relevant principles under the law.
(i) CYBER refers to a computer or a computer network, the electronic medium in which
online communication takes place.
(j) CRITICAL INFRASTRUCTURE refers to the computer systems, and/or networks,
whether physical or virtual, and/or the computer programs, computer data and/or traffic
data so vital to this country that the incapacity or destruction of or interference with
such system and assets would have a debilitating impact on security, national or
economic security, national public health and safety, or any combination of those
matters.
(k) CYBERSECURITY refers to the collection of tools, policies, risk management
approaches, actions, training, best practices, assurance and technologies that can be
used to protect the cyber environment and organization and user’s assets.
(l) DATABASE refers to a representation of information, knowledge, facts, concepts, or
instructions which are being prepared, processed or stored or have been prepared,
processed or stored in a formalized manner and which are intended for use in a
computer system.
(m) INTERCEPTION refers to listening to, recording, monitoring or surveillance of the
content of communications, including procuring of the content of data, either directly,
through access and use of a computer system or indirectly, through the use of electronic
eavesdropping or tapping devices, at the same time that the communication is
occurring.
(n) SERVICE PROVIDER refers to:
(1) Any public or private entity that provides to users of its service the ability to
communicate by means of a computer system; and
(2) Any other entity that processes or stores computer data on behalf of such
communication service or users of such service.
(o) SUBSCRIBER’S INFORMATION refers to any information contained in the form of
computer data or any other form that is held by a service provider, relating to
subscribers of its services other than traffic or content data and by which identity can be
established:
(1) The type of communication service used, the technical provisions taken thereto and
the period of service;
(2) The subscriber’s identity, postal or geographic address, telephone and other access
numbers, any assigned network address, billing and payment information, available on
the basis of the service agreement or arrangement; and
(3) Any other available information on the site of the installation of communication
equipment, available on the basis of the service agreement or arrangement.
(p) TRAFFIC DATA OR NON-CONTENT DATA refers to any computer data other than
the content of the communication including, but not limited to, the communication’s
origin, destination, route, time, date, size, duration, or type of underlying service.
CHAPTER II
PUNISHABLE ACTS
Section 4. Cybercrime Offenses. — The following acts constitute the offense of
cybercrime punishable under this Act:
(A) OFFENSES AGAINST THE CONFIDENTIALITY, INTEGRITY AND AVAILABILITY
OF COMPUTER DATA AND SYSTEMS:
(1) ILLEGAL ACCESS. – The access to the whole or any part of a computer system
without right.
(2) ILLEGAL INTERCEPTION. – The interception made by technical means without right
of any non-public transmission of computer data to, from, or within a computer system
including electromagnetic emissions from a computer system carrying such computer
data.
(3) DATA INTERFERENCE. — The intentional or reckless alteration, damaging, deletion
or deterioration of computer data, electronic document, or electronic data message,
without right, including the introduction or transmission of viruses.
(4) SYSTEM INTERFERENCE. — The intentional alteration or reckless hindering or
interference with the functioning of a computer or computer network by inputting,
transmitting, damaging, deleting, deteriorating, altering or suppressing computer data or
program, electronic document, or electronic data message, without right or authority,
including the introduction or transmission of viruses.
(5) MISUSE OF DEVICES.
(i) The use, production, sale, procurement, importation, distribution, or otherwise making
available, without right, of:
(aa) A device, including a computer program, designed or adapted primarily for the
purpose of committing any of the offenses under this Act; or
(bb) A computer password, access code, or similar data by which the whole or any part
of a computer system is capable of being accessed with intent that it be used for the
purpose of committing any of the offenses under this Act.
(ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb) above with intent
to use said devices for the purpose of committing any of the offenses under this section.
(6) CYBER-SQUATTING. – The acquisition of a domain name over the internet in bad
faith to profit, mislead, destroy reputation, and deprive others from registering the same,
if such a domain name is:
(i) Similar, identical, or confusingly similar to an existing trademark registered with the
appropriate government agency at the time of the domain name registration:
(ii) Identical or in any way similar with the name of a person other than the registrant, in
case of a personal name; and
(iii) Acquired without right or with intellectual property interests in it.
(B) COMPUTER-RELATED OFFENSES:
(1) COMPUTER-RELATED FORGERY.
(i) The input, alteration, or deletion of any computer data without right
resulting in inauthentic data with the intent that it be considered or acted
upon for legal purposes as if it were authentic, regardless whether or not
the data is directly readable and intelligible; or
(ii) The act of knowingly using computer data which is the product of
computer-related forgery as defined herein, for the purpose of
perpetuating a fraudulent or dishonest design.
(2)COMPUTER-RELATED FRAUD. — The unauthorized input, alteration, or deletion
of computer data or program or interference in the functioning of a computer
system, causing damage thereby with fraudulent intent: Provided, That if no
Damage has yet been caused, the penalty imposable shall be one (1) degree lower.
(3)COMPUTER-RELATED IDENTITY THEFT. – The intentional acquisition, use,
misuse, transfer, possession, alteration or deletion of identifying information
belonging to another, whether natural or juridical, without right: Provided, That if
no damage has yet been caused, the penalty imposable shall be one (1) degree
lower.
(C) Content-related Offenses:
(1)CYBERSEX. — The willful engagement, maintenance, control, or operation,
directly or indirectly, of any lascivious exhibition of sexual organs or sexual
activity, with the aid of a computer system, for favor or consideration.
(2)CHILD PORNOGRAPHY. — The unlawful or prohibited acts defined and punishable
by Republic Act No. 9775 or the Anti-Child Pornography Act of 2009, committed
through a computer system: Provided, That the penalty to be imposed shall be (1)
one degree higher than that provided for in Republic Act No. 9775.1âwphi1
(3)UNSOLICITED COMMERCIAL COMMUNICATIONS. — The transmission of
commercial electronic communication with the use of computer system which seek
to advertise, sell, or offer for sale products and services are prohibited unless:
(i) There is prior affirmative consent from the recipient; or
(ii) The primary intent of the communication is for service and/or
administrative announcements from the sender to its existing users,
subscribers or customers; or
(iii) The following conditions are present:
(aa) The commercial electronic communication contains a simple, valid, and reliable way
for the recipient to reject. Receipt of further commercial electronic messages (opt-out)
from the same source;
(bb) The commercial electronic communication does not purposely disguise the source of
the electronic message; and
(cc) The commercial electronic communication does not purposely include misleading
information in any part of the message in order to induce the recipients to read the
message.
(4)LIBEL. — The unlawful or prohibited acts of libel as defined in Article 355 of the
Revised Penal Code, as amended, committed through a computer system or any
other similar means which may be devised in the future.
Section 5. Other Offenses. — The following acts shall also constitute an offense:
(a) AIDING OR ABETTING IN THE COMMISSION OF CYBERCRIME. –
Any person who willfully abets or aids in the commission of any of the
offenses enumerated in this Act shall be held liable.
(b)ATTEMPT IN THE COMMISSION OF CYBERCRIME. — Any person
who willfully attempts to commit any of the offenses enumerated in
this Act shall be held liable.
Section 6. All crimes defined and penalized by the Revised Penal Code, as amended, and
special laws, if committed by, through and with the use of information and
communications technologies shall be covered by the relevant provisions of this Act:
Provided, That the penalty to be imposed shall be one (1) degree higher than that
provided for by the Revised Penal Code, as amended, and special laws, as the case may
be