Cybercrime Prevention Act of 2012

## Cybercrime Prevention Act of 2012 (R.A. No. 10175)

### Offenses against confidentiality, integrity and availability of computer data and systems (Sec. 4(a)) - Illegal access (hacking); illegal interception; data interference (including transmission of viruses); system interference; misuse of devices; cyber-squatting.

### Computer-related offenses (Sec. 4(b)) - Computer-related forgery, computer-related fraud, computer-related identity theft.

### Content-related offenses (Sec. 4(c)) - Cybersex, child pornography, unsolicited commercial communications, and **online libel**.

### Key jurisprudence — Disini v. Secretary of Justice (G.R. Nos. 203335, et al., Feb. 18, 2014) - **Void** for being unconstitutional: Sec. 4(c)(3) (unsolicited commercial communications), Sec. 12 (real-time collection of traffic data), Sec. 19 (DOJ power to restrict/block access). - **Valid**: illegal access, data interference, cyber-squatting, identity theft, cybersex, child pornography, penalty of one degree higher, etc. - **Online libel**: valid only as to the original author of the post; void as to those who merely receive/react. Charging under both the RPC and R.A. 10175 for online libel violates double jeopardy.

### Penalties (Sec. 8) Punishable by prision mayor or a fine of at least P200,000 or both, depending on the offense.