Cybercrime Prevention Act of 2012

• Cybercrime Offenses


  • Offenses against the confidentiality, integrity and availability of computer data and systems
  • Computer-related Offenses
  • Content-related Offenses
• Offenses against the confidentiality, integrity and availability of computer data and systems


  • Illegal Access
  • Illegal Interception
  • Data Interference
  • System Interference
  • Misuse of Devices
  • Cyber-squatting
• Illegal Access


  The access to the whole or any part of a computer system without right
• Illegal Interception


  The interception made by technical means without right of any non-public transmission of computer data to, from, or within a computer system including electromagnetic emissions from a computer system carrying such computer data
• Data Interference


  The 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
• System Interference


  The intentional alteration or reckless hindering or interference with the functioning of a computer or computer network by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data or program, electronic document, or electronic data message, without right or authority, including the introduction or transmission of viruses
• Misuse of Devices


  The use, production, sale, procurement, importation, distribution, or otherwise making available, without right, of a device, including a computer program, designed or adapted primarily for the purpose of committing any of the offenses under this Act or a computer password, access code, or similar data by which the whole or any part of a computer system is capable of being accessed with intent that it be used for the purpose of committing any of the offenses under this Act. The possession of such devices with intent to use them for committing offenses is also considered misuse of devices.
• Cyber-squatting


  The acquisition of a domain name over the internet in bad faith to profit, mislead, destroy reputation, and deprive others from registering the same, if such a domain name is similar, identical, or confusingly similar to an existing trademark, identical or similar with the name of a person other than the registrant, in case of a personal name, or acquired without right or with intellectual property interests in it.
• Computer-related Offenses


  • Computer-related Forgery
  • Computer-related Fraud
  • Computer-related Identity Theft
• Computer-related Forgery


  The input, alteration, or deletion of any computer data without right resulting in inauthentic data with the intent that it be considered or acted upon for legal purposes as if it were authentic, or the act of knowingly using computer data which is the product of computer-related forgery for the purpose of perpetuating a fraudulent or dishonest design.
• Computer-related Fraud


  The unauthorized input, alteration, or deletion of computer data or program or interference in the functioning of a computer system, causing damage thereby with fraudulent intent. If no damage has yet been caused, the penalty is one degree lower.
• Computer-related Identity Theft


  The intentional acquisition, use, misuse, transfer, possession, alteration or deletion of identifying information belonging to another, whether natural or juridical, without right. If no damage has yet been caused, the penalty is one degree lower.
• Content-related Offenses


  • Cybersex
  • Child Pornography
  • Unsolicited Commercial Communications
  • Libel
• Cybersex


  The willful engagement, maintenance, control, or operation, directly or indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or consideration.
• Child Pornography


  The unlawful or prohibited acts defined and punishable by Republic Act No. 9775 or the Anti-Child Pornography Act of 2009, committed through a computer system. The penalty is one degree higher than that provided for in Republic Act No. 9775.
• Unsolicited Commercial Communications


  The transmission of commercial electronic communication with the use of computer system which seek to advertise, sell, or offer for sale products and services, unless there is prior affirmative consent from the recipient, the primary intent is for service and/or administrative announcements, or certain conditions are met (simple opt-out mechanism, no disguising source, no misleading information).
• Libel


  The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future.
• Other Offenses


  • Aiding or Abetting in the Commission of Cybercrime
  • Attempt in the Commission of Cybercrime
• All crimes defined and penalized by the Revised Penal Code, as amended, and special laws, if committed by, through and with the use of information and communications technologies shall be covered by the relevant provisions of this Act, with the penalty one degree higher than provided for by the Revised Penal Code or special laws.
• A prosecution under this Act shall be without prejudice to any liability for violation of any provision of the Revised Penal Code, as amended, or special laws.