Cybercrime Prevention Act of 2012-FINAL

Cybercrime Prevention Act of 2012 (R.A.
10175)
The Cybercrime Prevention Act ultimately was the product of House Bill No. 5808, authored by
Representative Susan Yap-Sulit of the second district of Tarlac and 36 other co-authors, and
Senate Bill No. 2796, proposed by Senator Edgardo Angara.
Understanding the Purpose of the Act
The Cybercrime Prevention Act of 2012 focuses on the pre-emption, prevention, and prosecution of
cybercrimes such as offenses against the privacy, confidentiality, integrity, and availability of
computer data and systems, computer-related offenses, and content-related offenses. Its original
goal was to penalize acts in Republic Act 9775 like cybersex and child pornography and RA 10173
like identity theft and unsolicited electronic communications. However, various groups opposed the
provision to expand the scope of libel law to cover Internet posts, which led the Supreme Court to
issue a temporary restraining order and a status quo ante order.
The Cybercrime Prevention Act of 2012 could sentence internet users to up to 12 years in prison
for posting defamatory commentaries on social media, such as Facebook and Twitter. Though online
libel was not part of the original bill proposed by the Department of Justice (DOJ), the Senate
passed an amendment to insert it and was primarily proposed by Senator Vicente Sotto III.
In addition, this act provides that crimes defined and penalized by the Revised Penal Code, as
amended, and special laws, if committed by, though, and with the use of information and
communications technologies, shall be covered by the relevant provisions of Revised Penal Code,
provided, that the penalty should be one degree higher than the penalty imposed in the Revised
Penal Code, as amended, and special laws. Furthermore, this act provides that prosecution under the
Cybercrime Prevention Act of 2012 shall be without prejudice to any liability for violation of any
provision of the Revised Penal Code, as amended, or special laws.
In the modern digital age, the rise of cyber activities also brought about new forms of crimes,
necessitating the creation of laws to address these challenges. The Philippines responded with the
Cybercrime Prevention Act of 2012 or Republic Act No. 10175.
 Nature and Scope: The act recognizes the far-reaching implications of crimes committed on
the internet or through computer systems. It establishes the necessary legal frameworks to
detect, investigate, and prosecute these crimes, aiming to maintain a safe cyberspace
environment for all.
 Key Offenses:
o Offenses Against Computer Systems and Data: These involve unauthorized access,
data and system interference, illegal interception, and misuse of devices.
o Computer-related Offenses: This category includes computer-related identity theft,
forgery, and fraud, addressing the duplicity and misrepresentation possible in the
digital realm.
o Content-related Offenses: Offenses under this umbrella concern illicit content that
could harm individuals or societal values, such as child pornography, cybersex, or
unsolicited communications.
o Online Libel: One significant inclusion in the act is online libel, a contentious topic given
the influence of social media in modern communication. It seeks to balance freedom of
expression with the protection against false or malicious content online.
 Regulatory Bodies: To oversee the implementation of this law, the act calls for the creation of
the Office of Cybercrime within the Department of Justice. This specialized body is equipped
to handle the nuances and complexities of cyber-related crimes.
 Penalties: The act is not without teeth. Depending on the severity and nature of the offense,
violators may face a range of penalties, from monetary fines to imprisonment.
As technology continues to evolve, the Cybercrime Prevention Act of 2012 serves as a testament to
the Philippine government's commitment to ensuring that its citizens can navigate the digital space
safely and responsibly. It is a step towards making the online world a secure environment where
rights and responsibilities are clearly defined and upheld.
REFERENCE:
 RESPICIO & CO/Cybercrime Prevention Act of 2012 (R.A.

10175)/https://www.respicio.ph/features/cybercrime-prevention-act-of-2012-ra-
10175Cybercrime Prevention Act of 2012 (R.A. 10175)/03/08/2024
 Elvic Gravino, JD1 and Mary Clare Villanueva, JD1/R.A. No. 10175: The Cybercrime
Prevention Act: The Net Commandments https://legalresearchph.com/2021/12/05/r-a-no-
10175-the-cybercrime-prevention-act-the-net-commandments/03/08/2024

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Cybercrime Prevention Act of 2012 (R.A.

Understanding the Purpose of the Act

 RESPICIO & CO/Cybercrime Prevention Act of 2012 (R.A.

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