Philippines Cybercrime Prevention Act of 2012

In January 30, 2012, the Philippine Senate approved the final reading of the Senate Bill No. 2793, otherwise known as the "Cybercrime Prevention Act of 2012”.
Authors of "Cybercrime Prevention Act of 2012”

The creators of the said bill are:

1. Senate President Juan Ponce Enrile
2. President Pro Tempore Jinggoy Estrada
3. Senator Antonio Trillanes IV
4. Senator Edgardo Angara
5. Senator Lito Lapid
6. Senator Manuel Villar
7. Senator Miriam Defensor-Santiago
8. Senator Ferdinand Marcos Jr.
9. Senator Ramon Bong Revilla Jr.
   

Cybercrime refers to the misuse, abuse and illegal access of computer information or data. The "Cybercrime Prevention Act of 2012” is promulgated to effectively fight and prevent such kind of offenses at domestic and international levels.

Cybercrime Offenses

Under the "Cybercrime Prevention Act of 2012”, the following acts are considered cybercrime offenses which are punishable by law:

A.  Offenses against the confidentiality, integrity, and availability of computer data and systems

1. illegal access of computer system
2. illegal interception of any non-public transmission of computer data to, from or within a computer system
3. data interference
4. system interference
5. misuse of devices such as computer program, computer password, access code or similar data (the illegal use, possession, production, sale, procurement, importation, distribution of the said devices)
   

B.  Computer-related offenses

1. Computer-related forgery
2. Computer-related fraud
   

C.  Content-related offenses

1. Cybersex
2. Child pornography
3. Unsolicited commercial communications
   

D.  Aiding or abetting in the commission of cybercrime

E.  Attempt in the commission of cybercrime

Penalties/Punishment of the Cybercrime Offenses

Any person found guilty of any of the A and B cybercrime offenses shall be punished with imprisonment of prision mayor or a fine of at least PhP200,000.00 up to a maximum amount depending to the damage incurred or depending on the court.

Cybersex criminals shall be punished with prision mayor or a fine of at least PhP200,000.00 but not exceeding PhP1,000,000.00 or both.

Those who are found guilty of child pornography shall be punished with the penalties enumerate in Anti-Child Pornography Act of 2009.

Any person found guilty of unsolicited commercial communications shall be punished with imprisonment of arresto mayor or a fine of at least PhP50,000.00 but not exceeding PhP250,000.00 or both.

Any person found guilty of aiding and attempt in the commission of cybercrime shall be punished with imprisonment one degree lower than that of the prescribed penalty for the offense of a fine of at least PhP100,000.00 but not exceeding PhP500,000.00 or both.

If the cybercrime offense is knowingly committed on behalf of or for the advantage of a person in a company, corporation or organization, that person shall be punished with a fine up to maximum of (PhP10,000,000.00).

What can you say about this Philippines Cybercrime Prevention Act of 2012?
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