What are the Salient Features of this Act?
The Cybercrime Prevention Act of 2012, officially recorded as Republic Act No. 10175, is a law in the Philippines approved on September 12, 2012. It aims to address legal issues concerning online interactions and the Internet in the Philippines. Among the cybercrime offenses included in the bill are cybersquatting, cybersex, child pornography, identity theft, illegal access to data and libel.
Here are the salient features of Republic Act 10175:
The salient features of the Act include internationally consistent definitions for certain cybercrimes, nuanced liability for perpetrators of cybercrimes, increased penalties, greater authority granted to law enforcement authorities, expansive jurisdictional authority to prosecute cybercrimes, provisions for international cybercrime coordination efforts and greater ability to combat cybercrimes.
- Cyber squatting – the practice of registering names, especially well-known company or brand names, as Internet domains, in the hope of reselling them at a profit.
- Cybersex – sexual arousal using computer technology, especially by wearing virtual reality equipment or by exchanging messages with another person via the Internet.
- Child Pornography – pornography related to children (below 18 years old).
- Identity Theft – unauthorized usage of system accounts like their name, identifying number, or credit card number, without their permission, to commit fraud or other crimes.
- Illegal access to data and libel.
- Misuse of Devices – The use, production, sale, procurement, importation, distribution, or otherwise making available, without right.
- System Interference – an intentional disruption of a certain system without authority by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data or computer program, electronic document, or electronic data message and transmission of viruses.
- Data Interference – an 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.
Why did it received a temporary restraining order?
All 14 justices of the Supreme Court voted for the issuance of a temporary restraining order or TRO stopping the enforcement of Republic Act 10175 or the Cybercrime Prevention Act of 2012.
The said R.A. dubbed as “e-Martial law” was signed by President Benigno Aquino III on September 12, 2012. Critics are against some of the provisions of the said law particularly the online libel and the take down clause.
It criminalizes libel in the Internet and gives the Department of Justice powers to block without court order access to data, potentially take down sites on a mere prima facie finding of violations, and to apprehend suspected cyber criminals even without warrants of arrest.
Can you relate some provisions of the law on your past experience as an IT Student?
As an IT student, I don't have any experiences related to cybercrime because I'm aware of what are the dos and don'ts in using the internet.
What can you suggest to the government about this law?
The Government should continue to share this law in public and make it more understable to the people because cybercrime law does not curtail our freedom of expression or any of our rights, it teaches us how to be well-disciplined and how to respect other people’s privacy and rights.
An Info-graphic about this law:
Source:
https://www.mukamo.com/supreme-court-issues-tro-ra-10175-cybercrime-prevention-act/
All 14 justices of the Supreme Court voted for the issuance of a temporary restraining order or TRO stopping the enforcement of Republic Act 10175 or the Cybercrime Prevention Act of 2012.
The said R.A. dubbed as “e-Martial law” was signed by President Benigno Aquino III on September 12, 2012. Critics are against some of the provisions of the said law particularly the online libel and the take down clause.
It criminalizes libel in the Internet and gives the Department of Justice powers to block without court order access to data, potentially take down sites on a mere prima facie finding of violations, and to apprehend suspected cyber criminals even without warrants of arrest.
Can you relate some provisions of the law on your past experience as an IT Student?
As an IT student, I don't have any experiences related to cybercrime because I'm aware of what are the dos and don'ts in using the internet.
What can you suggest to the government about this law?
The Government should continue to share this law in public and make it more understable to the people because cybercrime law does not curtail our freedom of expression or any of our rights, it teaches us how to be well-disciplined and how to respect other people’s privacy and rights.
An Info-graphic about this law:
Source:
https://www.mukamo.com/supreme-court-issues-tro-ra-10175-cybercrime-prevention-act/
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