“Cybercrime Prevention Act of 2012″ Primer

What is the origin and structure of the law?

The law RA 10175 is a consolidation of Senate Bill No. 2796 and House Bill No. 5808. It was approved into law by the President on September 12, 2012. It is composed of thirty one sections and became effective today October 3, 2012 fifteen days after its publication in the Official Gazette and newspapers of general circulation.

What are the key components of the law?

It defines a number of terms such as interception, cybersecurity, subscriber’s information and traffic data or non-content data.

It identifies cybercrime offenses.

It provides for the penalties for the violation of the defined offenses.

It identifies the Philippine National Police and the National Bureau of Investigation as  the key enforcement agencies.

It allows for the real-time collection of traffic data for mere due cause based on the assessment of law enforcement agents. [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 Sec. 2 (p)] 

It compels service providers to cooperate with the authorities in the gathering and recording of traffic data or even content data.

It allows the authorities to intercept, copy and block data by virtue of a search and seizure warrant.

It allows the Department of Justice to block a data  when it sees at first glance that  the data is violative of the law.

It gives the Regional Trial Court jurisdiction over cases involving the law and ambitiously aims to create "designated special cybercrime courts manned by specially trained judges."

 It creates an Office of Cybercrime within the Department Of Justice.

It creates a  Cybercrime Investigation and Coordinating Center (CICC) and defines its powers and functions.

It appropriated 50M for the implementation of the law.

What offenses are punished by the law?

1. Hacking.

2. Using computer devices to commit cyber crimes

3.  Cybersquatting - stealing a domain in bad faith


4. Computer forgery and fraud.

5. Computer identity theft.

6. Cybersex

7. Child pornography

8. Spamming of commercial advertisement

9. Libel as defined in the Revised Penal Code

10. All crimes under Special Laws and the Revised Penal Code, "if committed by, through and with the use of information and communications technologies."

Source: An Act defining cybercrime, providing for the prevention, investigation, suppression and imposition of penalties therefor and for other purposes.